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.

<p>This case has to do with what are commonly called “revolving door” constraints governing the ethics of high-level government employees (federal, state, municipal) who leave public employment to enter the private sector. Such persons are – or can be – viewed as being in a position to unfairly profit from or otherwise trade upon the contacts, associations, influence, and special knowledge they acquired during their tenure as public servants. Practices of concern include but are not limited to involvement in the solicitation of continuing contracts, assuming the management and oversight for active projects, participating in the solicitation of new work for which the employee had been directly involved as a public-sector employee, and related professional matters.</p><p>We start the discussion by reviewing the first case the Board of Ethical Review published, <a href="https://www.nspe.org/resources/ethics/ethics-resources/board-ethical-review-cases/case-number-58-1" target="_blank">BER Case 58-1</a>. In that case a foreign government agency invited proposals to complete a design and supervise construction of a hydroelectric project. The basic plans for the project were in place and were prepared by a team of engineers working for a US government agency. Several of those engineers negotiated with at least two AE firms with the intent of taking part in the design and supervision of the work. The engineers formed a corporation to be part of a joint venture to design the hydroelectric project. At about the time the various contract negotiations were wrapping up, the engineers resigned from their US government positions and entered into a contract with the foreign government to work on the hydroelectric project. The Board was asked, “Was it a violation of the Canons of Ethics or the Rules of Professional Conduct for employees of the US Government, while still employed, to organize a new private company and negotiate a contract to take part in the design of a project for w...

Engineer D, a licensed professional engineer, works as the City Engineer in a mid-sized municipality that has been experiencing rapid growth along with rapid infrastructure growth. Engineer D has been one of the City's main points of contact for AE firms and contractors in the area, both with respect to contract negotiation and award (consultant and construction) and senior-level review of major project issues that arise from time to time.Engineer D announces plans to step down as the City Engineer and indicates that they accepted a position at an unnamed engineering firm in the City. Of significance is that the City does not include “revolving door” provisions in employment contracts for its senior-level employees.Shortly after Engineer D's announcement, Firm AE&R announces Engineer D as a newly hired associate. AE&R completed many projects for the City during Engineer D's tenure as City Engineer, and the firm plans to continue submitting proposals and performing consulting work for the City.

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?

<div class="field__items"> <div class="field__item"><div> <h2> <div class="field field--name-name field--type-string field--label-hidden field__item">I.4.</div> </h2> <div> <div class="clearfix text-formatted field field--name-description field--type-text-long field--label-hidden field__item"><p>Act for each employer or client as faithful agents or trustees.</p> </div> <div> <div>Subject Reference</div> <div class="field__items"> <div class="field__item"><a href="https://www.nspe.org/categories/subject-reference-guide-code-ethics/employer" target="_blank">Employer</a></div> <div class="field__item"><a href="https://www.nspe.org/categories/subject-reference-guide-code-ethics/faithful-agents-and-trustees" target="_blank">Faithful Agents and Trustees</a></div> </div> </div> </div> </div> </div> <div class="field__item"><div> <h2> <div class="field field--name-name field--type-string field--label-hidden field__item">I.6.</div> </h2> <div> <div class="clearfix text-formatted field field--name-description field--type-text-long field--label-hidden field__item"><p>Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.</p> </div> </div> </div> </div> <div class="field__item"><div> <h2> <div class="field field--name-name field--type-string field--label-hidden field__item">II.4.a.</div> </h2> <div> <div class="clearfix text-formatted field field--name-description field--type-text-long field--label-hidden field__item"><p>Engineers shall disclose all known or potential conflicts of interest that could influence or appear to influence their judgment or the quality of their services.</p> </div> <div> <div>Subject Reference</div> <div class="field__items"> <div class="field__item"><a href="https://www.nspe.org/categories/subject-reference-guide-code-ethics/conflict-interest" target="_blank">Conflict of Interest</a></div> </div> </div> </div> </div> </div> <div class="field__item"><div> <h2> <div c...