It would be unethical for Engineer A to serve on a part-time basis in seeking contracts with municipalities for design work associated with the airport improvements (master plans, runway extensions, etc.) while continuing to work as an employee with the State DOT.

The issue of engineer “moonlighting” has been an issue considered by the NSPE Board of Ethical Review (BER) in the past. While at one time, there was serious ethical concern over such practice on the part of employed engineers, in recent years, the issue has been somewhat muted as an ethical matter. Among the more significant considerations in this area are the extent to which such practice may constitute a conflict of interest, whether the individual is using the materials, equipment, and resources of the individual’s full-time employer in pursuing and performing part-time work, and whether such practices are consistent with the policies and procedures of the employer. Other questions arise relating to whether such practices may have an adverse effect on the professional liability of the employer and other professional practice areas. As with all such cases, a review of all of the facts and circumstances is critical to a determination of the ethical issues. The Board noted in Case 97-1 that these cases frequently raise the question of whether an engineer can ethically devote sufficient attention to the responsibilities involved. In Case 97-1, Engineer A held a full-time engineering position with a governmental agency and was also employed on a part-time basis by an engineering firm. Finding no ethical violation, the Board noted that with regard to Engineer A’s dual role as an governmental employee and a private employee, both the state governmental agency and the engineering firm were aware of Engineer A’s activities as a dual employee and did not object to these activities. However, the Board also indicated that should a conflict-of-interest arise (e.g., where Engineer A or the firm’s activities conflict with the governmental employer’s activities or interests) Engineer A would need to carefully address those activities consistent with NSPE Code Sections III.6.b., II.4.d., II.4.e. and other applicable provisions of the NSPE Code. Turning to the facts in ...

Engineer A serves as a traffic engineer for the State DOT. Engineer A reviews private engineering firm contracts and traffic signal plans, specifications, and estimates submitted from outside entities (developers, municipalities) for traffic signal work performed on the state highway system. Prior to Engineer A’s employment with the State DOT’s traffic engineering division, Engineer A performed airport design through a consulting firm which currently does no traffic signal work in the state highway system.The State DOT contracts directly with municipalities by means of a grant agreement to fund improvements to municipal airports. The State DOT does not contract directly with consultants hired by the municipalities for their airport improvements, nor is the state involved in the selection of airport consultants other than to provide FAA guidelines with respect to consultant qualifications-based selection procedures.Engineer A is approached by his former consulting engineering firm to serve on a part-time basis in seeking contracts with municipalities for design work associated with the airport improvements (master plans, runway extensions, etc.) while continuing to work as an employee with the State DOT.

Would it be ethical for Engineer A to serve on a part-time basis in seeking contracts with municipalities for design work associated with the airport improvements (master plans, runway extensions, etc.) while continuing to work as an employee with the State DOT?