Memorial to the Murdered Jews of Europe

Abstract

This case explores the ethical dilemmas faced by Wolfgang Thierse and other board members of the Memorial Foundation for the Murdered Jews of Europe. They must decide whether Degussa AG, a memorial subcontractor, can continue working on the memorial, despite Swiss and German media reports that a former subsidiary of Degussa’s, named Degesch, manufactured and supplied the nerve gas that killed Jews and other individuals in the Auschwitz concentration camp. The board’s decision is complicated by negative publicity the memorial has received, by the fact that Degussa has already applied its anti-graffiti coating to some of the pillars that form the memorial’s main design, and by questions of whether the board exercised due diligence when Degussa was originally proposed as a project subcontractor. Students are asked to help Thierse reach a personal decision about Degussa’s continued participation and, in his role as board chair, formulate a discussion strategy for the upcoming, potentially volatile board meeting.

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Resources

Appendix 1: Charter of the Foundation for the Memorial to the Murdered Jews in Europe: The Foundation’s Charter

Federal Law Gazette, Part 1 No. 10

Published in Bonn on 22 March 2000

Act concerning the establishment of a »Foundation for the Memorial to the Murdered Jews in Europe« of 17 March 2000

The German Bundestag has passed the following Act:

§ 1 - Establishment and legal form

Under the name of »Foundation for the Memorial to the Murdered Jews in Europe«, a foundation under public law with legal capacity at a federal level will be established with headquarters in Berlin. The Foundation will come into being with the entry into force of this Act.

§ 2 - The Foundation’s objective

(1) The objective of the Foundation is to implement the Resolution by the German Bundestag of 25 June 1999 (publication no.: 14/1238) concerning the establishment of a Memorial to the Murdered Jews in Europe.

For this purpose, the Foundation will, in particular, undertake the following:

  • Adopt the function of principal for the realisation of Peter Eisenman’s scheme for a field of stelae (»Eisenman II«),
  • Take responsibility for the planning and realisation of the Information Centre, which will complement the field of stelae by providing details on the victims commemorated and the historical memorial sites. Maintenance of the Memorial.
  • The Foundation will play a part in ensuring that all victims of National Socialism are remembered and honoured appropriately.
§ 3 - The Foundation’s assets, non-profit character
  • With the entry into force of the Act concerning the establishment of a Foundation for the »Memorial to the Murdered Jews in Europe«, ownership of movable and immovable assets already made available and acquired by the Federal Government of Germany for the endowment fund for the »Memorial to the Murdered Jews in Europe« is transferred to the Foundation.
  • To fulfill its remit, the Foundation will receive an annual subsidy from the Federal Government calculated according to the federal budget current at the time.
  • The Foundation is entitled to accept donations from third parties.
  • The resources of the Foundation are to be used only within the framework of the Foundation’s Objective.
  • The Foundation is exclusively and directly committed to pursuing non-profit goals as defined under the section of the tax code relating to »objectives attracting tax concessions«. No person may receive disbursements that are alien to the objective of the Foundation, nor receive disproportionately high remuneration.
§ 4 - The Foundation’s constituent bodies
  • The bodies making up the Foundation are
    • the Board of Trustees,
    • the Board of Directors
  • An Advisory Board will be formed.
  • The Foundation has an Executive Office and an Executive Director.
§ 5 - Board of Trustees
  • The Board of Trustees is made up of the following members appointed from the following institutions:
    • The German Bundestag
      • the President of the German Bundestag,
      • and one member per 100 members or part thereof of each party represented in the German Bundestag,
    • the Federal Government - two members,
    • the Senate of the Land of Berlin (state government) - two members,
    • the Association to Promote the Establishment of a Memorial to the Murdered Jews in Europe - three members,
    • the Central Council of Jews in Germany - two members,
    • the Jewish Community of Berlin - one member,
    • the Jewish Museum of Berlin - one member,
    • the Topography of Terror Foundation - one member,
    • the Working Group of Concentration Camp Memorials in Germany - one member.

      Members of the Board of Trustees can transfer their vote to another member or, by way of special written authority, have themselves represented in cases when for important reasons they are unable to take part in board meetings.

  • The Board of Trustees decides all fundamental issues within the Foundation’s remit, in particular:
    • the appointment of the Board of Directors and the Executive Director,
    • the budget drawn up by the Board of Directors,
    • the appointment of the members of the Advisory Board.

      The Board of Trustees oversees the activities of the Board of Directors and the Executive Director.

  • The appointment of the members of the Advisory Board. The Board of Trustees oversees the activities of the Board of Directors and the Executive Director.
  • Meetings are convened by the Board of Directors at the behest of the chairperson of the Board of Trustees. The Board of Trustees has a quorum if more than half of its members are present or represented. The Board of Trustees makes decisions on the basis of a simple majority.

    In the event of an equal distribution of votes, the chairperson has the casting vote.

  • The institutions appointing members to the Board of Trustees can recall such members and replace them with other members
§ 6 - Board of Directors
  • The Board of Directors is made up of a chairperson and two vice-chairs. It is appointed by the Board of Trustees for a four-year term. It is responsible for implementing the resolutions of the Board of Directors and conducting the business of the Foundation.
  • The Board of Directors maintains an Executive Office supervised by an Executive Director. The Executive Director is appointed by the Board of Trustees on the recommendation of the Board of Directors for a period of four years. Reappointment is permitted.
§ 7 - Advisory Board
  • The Board of Trustees appoints an Advisory Board.
  • The Advisory Board consists of at least twelve members. These are appointed by the Board of Trustees for four years. Reappointment is permitted.
  • The Advisory Board advises the Board of Trustees and the Board of Directors.
§ 8 - Honorary status

The members of the Board of Trustees, of the Board of Directors and the Advisory Board are appointed on an honorary basis. They are compensated for travelling expenses according to the relevant federal statutes.

§ 9 - Employees

Employees of the Foundation are employed on the basis of the collective salary agreements and other provisions for employees of the Federal Government applicable at the time.

§ 10 - Budget, audit, supervisory control
  • The Foundation’s management of its budget, its cash management and accounting, along with its financial reporting, are subject to the regulations applicable to federal agencies. The Foundation’s financial practices and management procedures are subject to auditing by the German Auditor General’s office.
  • The Foundation is subject to the supervisory control of the highest relevant federal authority.
§ 11 - Charter

The Foundation draws up its own charter, which is approved by the Board of Trustees with a majority of three quarters of its members. The same applies to amendments to this charter.

§ 12 - Entry into force

This Act enters into force on the fourteenth day after the day on which it is published in the Federal Law Gazette. When the Act enters into force, all rights and obligations that the Federal Republic of Germany had assumed for the endowment fund for the »Memorial to the Murdered Jews in Europe« are transferred to the Foundation.

The constitutional rights of the Bundesrat (Upper House) are guaranteed. The aforesaid Act is hereby executed and will be promulgated in the Federal Law Gazette.

Berlin, 17 March 2000

Federal President

Johannes Rau

Federal Chancellor

Gerhard Schröder

[Source: The Foundation’s Charter. http://www.stiftung-denkmal.de/en/thememorial/foundation/foundationscharter, English translation, accessed 6 October 2006.]

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

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