Post-Public Employment - City Engineer Transitioning to Consultant

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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.

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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...

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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.

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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?

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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 ...
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D-tuple Component Breakdown

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Total Entities

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Roles R
w=0.12 384D
Transitioning Municipal Engineer
A senior licensed professional engineering role held by a public official who is actively transitioning from a...
Cooling-Off Period Engineer
A licensed professional engineering role in which a former senior public official voluntarily or mandatorily...
AE Firm Recruiting Former Public Official
A private architectural-engineering firm stakeholder role in which the firm recruits and employs a former senior...
BER 58-1 US Government Engineers
Engineers employed by a US government agency who prepared preliminary plans for a hydroelectric project, then while...
Engineer D Former City Engineer
Former City Engineer of a mid-sized municipality who resigned and shortly thereafter accepted an associate position...
Firm AE&R Recruiting Former City Engineer
Private consulting AE firm that regularly conducted business with the municipality during Engineer D's tenure as...
Mid-Sized Municipality City Client
City government that employed Engineer D as City Engineer and continued to engage Firm AE&R for consulting services,...
Engineer B Part-Time City Engineer BER 63-5
Professional engineer retained part-time as city engineer while maintaining full-time private practice, who was also...
Engineer D City Engineer
Served as City Engineer with primary contracting authority and senior review responsibilities for AE firms and...
Engineer D Revolving Door Engineer
Transitions from City Engineer role with contracting authority over AE&R to associate position at AE&R, which plans...
Municipal Engineering Contracting Authority
A senior licensed professional engineering role within a municipal government that serves as the primary point of...
Post-Public-Service Private Engineering Associate
A licensed professional engineering role in which a former senior municipal engineering official joins a private AE...
Preferred AE Firm with Incumbent Advantage
A private architectural-engineering firm that has established a pattern of successful contract awards with a public...
Firm AE&R Preferred Engineering Contractor
Private AE firm that completed many projects for the City during Engineer D's tenure as City Engineer, subsequently...
Municipality Public Responsibility Role
The mid-sized municipality experiencing rapid growth that employed Engineer D as City Engineer, awarded contracts to...
Government Engineer Transitioning to Private Sector
A licensed professional engineering role held by a government engineer who, while still employed in a public...
Dual-Role Part-Time Municipal Engineer
A licensed professional engineering role in which a private-practice engineer serves simultaneously as a part-time...
Private-to-Public Transitioning Engineer
A licensed professional engineering role in which an engineer transitions from private employment to a public agency...
Engineer A Private-to-State Transition BER 14-8
Engineer who stamped a water rights analysis for a private client while at a private firm, then resigned and joined...
Engineer A Part-Time Town Engineer BER 11-12
Part-time town engineer with concurrent consulting practice who advised on selection of Engineer B for a road...
Engineer P Highway Department to AE Firm BER 15-8
Top official in State X highway department who sought to join an AE firm doing business with the department, was...
21 entities
Principles P
w=0.2 384D
Public Welfare Paramount Invoked in Engineer D Revolving Door Case
The public's interest in fair, unbiased municipal engineering procurement and in government officials not converting...
Professional Accountability Invoked for Engineer D Revolving Door Conduct
Engineer D bears professional accountability for the decision to accept a position at AE&R immediately after leaving...
Revolving Door Integrity
Professional principle requiring engineers who transition from public agency roles with contracting authority to...
Post-Public-Service Conflict Avoidance
Relational principle requiring engineers who have held public positions with authority over private firms to avoid...
Incumbent Advantage Prohibition in Public Procurement
Domain-specific principle requiring that private AE firms refrain from structuring their competitive positioning to...
Post-Public-Service Conflict Avoidance Invoked for Engineer D and AE&R
The immediate timing of Engineer D's transition from City Engineer to AE&R associate - combined with AE&R's history...
Transparency Principle Invoked for Disclosure of Engineer D Transition
Both Engineer D and AE&R have transparency obligations to disclose the nature of their prior relationship - D as the...
Fairness in Professional Competition Invoked Against AE&R Incumbent Advantage
AE&R's recruitment of Engineer D immediately after D's departure from the City Engineer role - with plans to...
Revolving Door Integrity Invoked for Engineer D Transition
Engineer D's transition from City Engineer with primary contracting authority over AE&R to an associate position at...
Loyalty Principle Tension in Engineer D Dual Obligations
Engineer D's prior loyalty obligations to the City as City Engineer - including the duty to serve the City's...
Procurement Integrity in Public Engineering Invoked for Engineer D Case
Engineer D's transition from City Engineer - the primary contracting authority - to AE&R, a firm that regularly...
Incumbent Advantage Prohibition Invoked Against AE&R Recruitment Strategy
AE&R's recruitment of Engineer D - the City's primary contracting authority during AE&R's period of extensive City...
12 entities
Obligations O
w=0.15 384D
Engineer D Post-Public-Service Recusal Obligation Instance
Engineer D was obligated to recuse themselves from any involvement in AE&R's preparation, submission, or negotiation...
Firm AE&R Honorable Professional Conduct in Procurement Obligation Instance
Firm AE&R was obligated to conduct itself honorably and responsibly in its recruitment of Engineer D and in all...
Revolving Door Employment Acceptance Integrity Obligation
Duty of a licensed professional engineer serving in a senior public agency role with contracting authority over...
AE Firm Incumbent Advantage Non-Exploitation Obligation
Duty of a private AE firm that recruits a former senior public official who held contracting authority over the firm...
Engineer D Revolving Door Conflict Disclosure Obligation Instance
Engineer D was obligated to proactively disclose to the City and to AE&R the nature and extent of their prior...
Engineer D Revolving Door Employment Acceptance Integrity Obligation Instance
Engineer D was obligated to evaluate the conflict-of-interest implications of accepting employment at AE&R - a firm...
Firm AE&R Incumbent Advantage Non-Exploitation Obligation Instance
Firm AE&R was obligated to refrain from exploiting the incumbent advantage created by recruiting Engineer D - the...
Engineer D Concurrent Employment Negotiation Conflict Avoidance Obligation Instance
Engineer D was obligated to disclose to the City any employment negotiations with AE&R immediately upon their...
Engineer D Competitive Procurement Fairness Obligation Instance
Engineer D was obligated, as City Engineer with primary contracting authority, to ensure that all AE firm contracts...
Concurrent Employment Negotiation Conflict Avoidance Obligation
Duty of a licensed professional engineer serving in a public agency role with contracting authority to refrain from...
Post-Public-Service Recusal Obligation
Duty of a licensed professional engineer who has transitioned from a senior public agency role with contracting...
Engineer D Honorable Professional Conduct in Procurement Obligation Instance
Engineer D was obligated to conduct themselves honorably, responsibly, and fairly in all procurement-related matters...
Revolving Door Conflict Disclosure Obligation
Duty of a licensed professional engineer who transitions from a senior public agency role with contracting authority...
Engineer D Faithful Agent Obligation Instance
Engineer D was obligated to act as a faithful agent and trustee for the City throughout their tenure as City...
14 entities
States S
w=0.1 384D
Cross-Side Employment Transition State
State in which a professional engineer transitions from employment with one party in an active legal or regulatory...
Engineer D Client Relationship Established with City
Engineer D's prior professional relationship with the City as City Engineer, including senior-level oversight of AE...
Engineer D Post-Employment Conflict of Interest
Engineer D's transition from City Engineer to associate at AE&R
Insider Knowledge Advantage State
State in which a professional possesses personal, intimate, or privileged knowledge of a project, client, or...
Dual Role Advisory and Design State
State in which a professional engineer simultaneously holds an advisory or oversight role for a public client (e.g.,...
Cooling-Off Period Circumvention State
State in which a professional subject to a mandatory or customary waiting period before accepting private employment...
Engineer D Revolving Door Employment
Engineer D transitioning from City Engineer to associate at Firm AE&R
Engineer D Confidential Information Held Post-Employment
Engineer D holding confidential information acquired during tenure as City Engineer
Engineer A BER 11-12 Dual Role Advisory and Design with Termination
Engineer A serving as part-time town engineer who reviewed and terminated Engineer B then offered own firm for design work
Engineer P BER 15-8 Cooling-Off Period Circumvention
Engineer P joining AE firm as independent contractor to circumvent one-year waiting period
Engineer D Insider Knowledge Advantage
Engineer D's possession of insider knowledge, contacts, and associations from City Engineer tenure
Engineer D Absence of Revolving Door Contractual Constraint
Engineer D's professional situation at the intersection of prior public authority and new private employment
Engineer D No Formal Revolving Door Prohibition
Engineer D's transition from City Engineer to associate at Firm AE&R without contractual revolving-door restriction
Revolving Door Employment State
State in which a former high-level government official or public-sector engineer has left public employment and...
No Formal Revolving Door Prohibition State
State in which a professional engineer who has left public employment to join a private firm does so without any...
Engineers BER 58-1 Insider Knowledge Advantage
US Government engineers who prepared preliminary plans for hydroelectric project
Engineers BER 58-1 Revolving Door Employment
US Government engineers transitioning to private corporation for hydroelectric project
Engineer B BER 63-5 Dual Role Advisory and Design
Engineer B serving as part-time city engineer while also performing design services for the same city
Engineer A BER 14-8 Cross-Side Employment Transition
Engineer A who prepared water rights analysis for private client then joined the State as objector to that analysis
19 entities
Resources Rs
w=0.1 384D
Public Official Conflict of Interest Standard
Professional norms, ethical obligations, and regulatory standards governing the conduct of engineers serving in...
BER-Cases-Public-Official-Private-Employment
BER precedents addressing analogous situations where engineers in public roles (city engineers, government...
Cooling-Off Period Framework
A professional practice framework specifying an embargo or waiting period (typically one year) during which a...
Transitional Employment Ethics Framework
A professional ethics framework governing the ethical obligations and constraints applicable to engineers and public...
BER-Case-14-8
Precedent directly analogous (as converse) to Engineer D's situation, establishing that an engineer who transitions...
BER-Case-15-8
Precedent establishing that a top state highway official cannot circumvent a one-year revolving door waiting period...
NSPE-Code-Section-II-4-c
Specific code provision prohibiting engineers from advancing their professional careers by any improper or...
NSPE-Code-Section-II-4-e
Specific code provision establishing that an engineer who is an officer or principal of a firm is not eligible to...
NSPE-Code-Section-III-4
Specific code provision establishing that confidentiality obligations continue after an engineer severs employment,...
Revolving Door Employment Policy
Municipal or governmental policies, contractual provisions, or regulatory frameworks that restrict or govern the...
Cooling-Off-Period-One-Year-Standard
A voluntary or mandated one-year embargo period during which Engineer D abstains from participation in procurement...
Public-Official-Conflict-of-Interest-Standard
Governs Engineer D's obligations arising from the intersection of public procurement authority and private...
NSPE-Code-Fundamental-Canon-1-6
Fundamental canon establishing that engineers must conduct themselves honorably, responsibly, ethically, and...
BER-Case-58-1
Foundational precedent establishing that engineers have a basic right to change employment but must not unfairly...
BER-Case-63-5
Precedent addressing dual employment of a part-time city engineer who also performs design work for the same...
BER-Case-74-2
Precedent establishing that a consulting firm principal serving as municipal engineer and providing engineering...
BER-Case-11-12
Precedent establishing that a part-time town engineer who participates in selecting and then terminating a...
NSPE-Code-Section-II-4-a
Specific code provision requiring disclosure of known or potential conflicts of interest that could influence or...
NSPE-Code-Section-II-5-b
Specific code provision prohibiting firm principals from inducing an engineer to join the firm as a way of...
NSPE-Code-Section-III-6
Specific code provision prohibiting engineers from advancing their professional careers by improper or questionable...
NSPE-Code-of-Ethics
Primary normative authority governing Engineer D's obligations as a licensed professional engineer, including duties...
City-Revolving-Door-Policy-Absence
The explicit absence of revolving door provisions in the City's senior-level employment contracts is a material fact...
Qualification-Based-Selection-Procurement-Law-Municipal
Establishes the procurement framework within which Engineer D exercised contract negotiation and award authority,...
23 entities
Actions A
w=0.1 384D
Accepting Employment with AE&R
Disclosure and City Acceptance Seeking
Voluntary Recusal from City Projects
Adopting One-Year Cooling-Off Period
AE&R Assigns Engineer D to City Contracts
Participation in Contract Negotiations
Resignation and Partial Disclosure
7 entities
Events E
w=0.08 384D
Prior AE&R Contract History Exposed
Conflict of Interest State Established
Cooling-Off Period Obligation Activated
City Project Involvement Risk Created
Engineer D's Resignation Announced
AE&R Public Hire Announcement
6 entities
Capabilities Ca
w=0.07 384D
Engineer D Post-Public-Service Recusal Judgment
Engineer D required the capability to determine the scope of recusal obligations arising from their transition from...
Engineer D Concurrent Conflict Disclosure Timing
Engineer D required the capability to recognize that employment negotiations with AE&R triggered an immediate...
Firm AE&R Revolving Door Regulatory Gap Navigation
Firm AE&R required the capability to recognize that the absence of formal revolving door provisions in the City's...
Engineer D Competitive Procurement Fairness Assessment
Engineer D required the capability to evaluate whether the pattern of contract awards to AE&R during their tenure as...
Engineer D Revolving Door Regulatory Gap Navigation
Engineer D required the capability to recognize that the City's absence of revolving door provisions did not...
Concurrent Conflict Disclosure Timing Capability
Capability to recognize the precise moment at which employment negotiations with a private firm create a conflict of...
Post-Public-Service Recusal Judgment Capability
Capability to correctly identify the scope and duration of recusal obligations that arise when a licensed...
Revolving Door Conflict Recognition Capability
Capability to recognize when a transition from a senior public agency role with contracting authority to a private...
Incumbent Advantage Non-Exploitation Assessment Capability
Capability of a private AE firm to assess whether recruiting a former senior public official creates an unfair...
Public Contracting Authority Integrity Maintenance Capability
Capability to maintain the integrity of public contracting authority throughout a tenure as a senior public agency...
Engineer D Precedent-Based Ethical Reasoning Revolving Door
Engineer D required the capability to identify and apply relevant BER precedents - including BER 58-1 (government...
Revolving Door Regulatory Gap Navigation Capability
Capability to recognize when formal institutional safeguards - such as revolving door provisions, cooling-off period...
Engineer D Revolving Door Conflict Recognition
Engineer D required the capability to recognize that their transition from City Engineer - with primary contracting...
Engineer D Faithful Agent Obligation Capability
Engineer D required the capability to correctly identify their role as a trustee and faithful agent of the City...
Firm AE&R Incumbent Advantage Non-Exploitation Assessment
Firm AE&R required the capability to assess whether recruiting Engineer D - the City's former primary contracting...
Engineer D Public Contracting Authority Integrity Maintenance
Engineer D required the capability to maintain the integrity of their contracting authority throughout their tenure...
16 entities
Constraints Cs
w=0.08 384D
Concurrent Employment Negotiation Disclosure Constraint
Ethical and procedural constraint requiring that a licensed professional engineer serving in a public agency role...
Engineer D Revolving Door Ethics Constraint Instance
Engineer D was constrained from immediately joining Firm AE&R and participating in that firm's procurement...
Engineer D Conflict of Interest Avoidance Constraint Instance
Engineer D was constrained from accepting employment at AE&R without first disclosing the conflict of interest...
Engineer D Concurrent Employment Negotiation Disclosure Constraint Instance
Engineer D was constrained from negotiating employment with AE&R while still serving as City Engineer with...
Post-Employment Confidential Information Non-Exploitation Constraint
Ethical and regulatory constraint prohibiting a licensed professional engineer who has left public employment from...
Engineer D Post-Employment Confidential Information Non-Exploitation Constraint Instance
Engineer D was constrained from exploiting confidential information, insider knowledge of City procurement...
Firm AE&R Private Firm Improper Recruitment Prohibition Constraint Instance
Firm AE&R was constrained from recruiting Engineer D as a means of improperly influencing future City contract...
Engineer D No Formal Revolving Door Provision Gap Constraint Instance
Engineer D was constrained from treating the City's absence of formal revolving door provisions in senior employment...
No Formal Revolving Door Provision Gap Constraint
Ethical constraint arising when a public agency's employment contracts for senior officials lack explicit revolving...
Engineer D Competitive Procurement Fairness Constraint Instance
Engineer D was constrained, during their tenure as City Engineer, from exercising contracting authority in a manner...
Engineer D Confidential Client Information Constraint Instance
Engineer D was constrained from disclosing or exploiting confidential City information - including non-public...
Private Firm Improper Recruitment Prohibition Constraint
Ethical and regulatory constraint prohibiting a private AE firm from recruiting or inducing a public official or...
12 entities
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