Obligation-Conflict Resolution
Case 23-3 (2023) · Post-Public Employment - City Engineer Transitioning to Consultant
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
No obligation was overridden in this case: the board resolved the apparent tension without defeat, as recorded below.
Resolved without defeat
The board resolved the apparent tension here by setting a duty's boundary (specification) or by finding no genuine conflict on the facts (dissolution), rather than by allowing one obligation to prevail over another.
specification
Analytical conclusion 3: Regarding Q201, the tension between Post-Employment Confl...
Since accepting employment and being assigned to specific City projects are distinct decision points, the board concluded that Q1's permissive presumption need not conflict with a stricter conflict-of-interest standard applied only to Engineer D's subsequent project role.
What the board concluded
- 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...