Case Repository
2025
Balancing Client Directives and Public Welfare: Stormwater Management Dilemma
Case #24-01
Analyzed
Subject Tags:
Duty to the Public
Employer
Faithful Agents and Trustees
Misrepresentation/Omission of Facts
Professional Reports, Statements, Testimony
Opinions
Duty to Disclose
Advertising
Self-Promotion
Questions:
- Was it ethical for Engineer L to cease work when requested by Client X, without voicing concern about increased risk?
- Would it be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified...
Conclusions:
- It was not unethical for Engineer L to cease work when requested by Client X, without voicing concern about unquantified increased risk. Later, Engineer L did comply with Code provisions that require engineers to notify their employers or clients if a project will not be successful.
- It would not be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified by Engineer L. Continuing to work on the project after concerns about runoff were quantified would in effect mean Engineer L was placing the clients’ financial interest above the engineer’s paramount obligation to the public health, safety, and welfare. This, the engineer cannot ethically do.
2023
Post-Public Employment - City Engineer Transitioning to Consultant
Case #23-3
Analyzed
Subject Tags:
Employer
Faithful Agents and Trustees
Conflict of Interest
Political Contributions, Gifts, Commissions
Confidential Information
Unfair Competition
Questions:
- Is it ethical for Engineer D to accept employment with AE&R?
- Is it ethical for Engineer D to be immediately, directly involved with AE&R's projects with the City?
Conclusions:
- Inasmuch as no “revolving door” contractual (i.e., legal) prohibition exists to private employment, it would be ethical for Engineer D to accept employment with firm AE&R. This finding is consistent with a long history of NSPE cases; engineers are free to move and work where they would like.
- As to whether it would be ethical for Engineer D to be immediately, directly involved with AE&R's projects with the City, the answer is mixed as multiple considerations and details will affect the outcome. For example, participation in ongoing projects for which Engineer D has particular specialized knowledge may be ethical with disclosure and consent. Likewise, situations such as negotiating change orders (potential conflict of interest) might also be cured by disclosure and consent. However, for complex situations (e.g., perception of influence relative to solicitation of a contract) or prohibitive situations (e.g., divulging confidential information) a voluntary embargo by Engineer D for a specified period of time may be efficacious. In positive ways, such practices facilitate conduct which is honorable, responsible, ethical and lawful so as to enhance the honor, reputation and usefulness of the engineering profession.
2022
Sustainability - Lawn Irrigation Design
Case #22-10
Analyzed
Subject Tags:
Duty to the Public
Employer
Faithful Agents and Trustees
Duty to Disclose
Community Service/Civic Affairs
Sustainable Development
Public Statements and Criticism
Unethical Practice by Others
Questions:
- Was it ethical for Cutting Edge Engineering and Engineer Jaylani to accept the irrigation system design task?
- Was it ethical for Engineer Intern Wasser to refuse to perform the task of design development for the proposed irrigation system?
- If the traditional lawn irrigation system design is an ethical expression of engineering work, what can Engineer Jaylani’s firm do to complete the...
Conclusions:
- It was ethical for Engineer Jaylani to accept the irrigation system design task.
- As a matter of personal conviction, it was ethically permissible, but extreme, for Engineer Intern Wasser to refuse the task of design development for the proposed irrigation system. Performing the design task would not have been manifestly unethical, and refusal likely cost Wasser his job.
- Under the facts, traditional lawn irrigation system design is an ethical expression of engineering work. In awareness of sustainability principles, Engineer Jaylani’s firm is in a position to better serve its clients and the public by introducing and offering “green” irrigation alternatives.