Is it time for corporate board members to consider placing restrictions on external business and political activities for CEOs? This may be a topic that the meeting room will discuss, given the negative impact Tesla CEO Elon Musk's political activities have had on the company's stock price.
Musk was appointed as a special government employee in the Trump administration, and he drew anger from millions of Americans because of his activities related to government efficiency (DOGE). People around the world have identified Musk as the head of how the Trump administration eliminated jobs, eliminated aid programs, protests against Musk at Tesla dealers, destroyed Tesla vehicles, harassed Tesla car owners, and sparked movements to sell Tesla stocks to investors in protest. The anger towards Musk appears to have clearly influenced Tesla's car sales. Tesla sales fell 13% in the first quarter of 2025, and there is fear that sales could continue to be lagging as new Trump administration tariffs come into effect this month.
Corporate directors are generally very careful not to be too open to political views, particularly on controversial subjects such as abortion and gun control. Should CEOs be careful the same way? Musk made public comments calling Social Security the “Ponzi Plan,” which angered many Americans and tainted his reputation. Now, some people fear that his damaged reputation will hurt Tesla.
Many business committees place restrictions on the activities of board members. For example, it limits the number of external boards that may work. Investors may want to ask themselves whether current CEOs could present a similar risk to the company's risks that Tesla-related activities have a potential impact on the automaker's business. In fact, the Business Committee might want to ask:
Should we consider limiting public political activities for CEOs and appointed officers? If the policy on this issue is already in place, the board may want to implement it. As the country becomes more politically divided, the pressure increases to bend over the political will of people and groups outside the company. It's a very sensitive issue that could involve a CEO's right to free speech, but there are risks to investors who could harm general support for controversial issues. The board must take these risks into consideration and decide how to explain the CEO's actions towards investors if the company is adversely affected.
Should there be restrictions on the activities of CEOs involved in other companies, including businesses he or she may own? At what point, does external interest distract from distracting CEOs from focusing on their primary business? Corporate executives are often restricted from serving “too many” boards. Should CEOs be restricted as well? Elon Musk leads many businesses besides Tesla, including SpaceX, Neuralink and Xai. Has his workload running other companies also contributed to a 13% decline in Tesla's sales in the first quarter? No one wants to curb innovation, but the board should weigh the impact that CEOs may be running multiple companies or sitting on multiple external boards.
Are there any risks associated with the CEO's interests and personality that could affect the company in the future? In general, this issue is addressed prior to the appointment of a CEO, but political twists and uncertainties of turns may require the board to consider rethinking this sensitive issue from time to time as the political and social environment changes. It may be hard to admit, but the reputation of a particular leader can help or hurt the company at various points. The director should note that this may be an unfortunate possibility that may need to be discussed.