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.

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. We start the discussion by reviewing the first case the Board of Ethical Review published, BER Case 58-1 . 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 which they had prepared preliminary plans as employees of the Government?” In Case 58-1 , the Board began by noting “there can be no quest...

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?

I.4. Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees I.6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession. II.4.a. 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. Subject Reference Conflict of Interest II.4.c. Engineers shall not solicit or accept financial or other valuable consideration, directly or indirectly, from outside agents in connection with the work for which they are responsible. Subject Reference Conflict of Interest II.4.e. Engineers shall not solicit or accept a contract from a governmental body on which a principal or officer of their organization serves as a member. Subject Reference Conflict of Interest II.5.b. Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to influence the award of a contract by public authority, or which may be reasonably construed by the public as having the effect or intent of influencing the awarding of a contract. They shall not offer any gift or other valuable consideration in order to secure work. They shall not pay a commission, percentage, or brokerage fee in order to secure work, except to a bona fide employee or bona fide established commercial or marketing agencies retained by them. Subject Reference Political Contributions, Gifts, Commissions III.4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. Subject Reference Confidential Information ...