Conflict Of Interest—Public Employee Serving As Part-Time Consultant

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Created
2026-02-13 16:13
Updated
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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.

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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 ...

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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.

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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?
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D-tuple Component Breakdown

38

Total Entities

9/9

Components Populated

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Combined Embedding
Roles R
w=0.12 384D
Engineer A Prospective Part-Time Consultant
Approached by his former consulting engineering firm to serve on a part-time basis in seeking contracts with...
Former Consulting Firm Consultant
Engineer A's former employer, a consulting engineering firm that approaches Engineer A to serve part-time in seeking...
State DOT Employer
Employs Engineer A as a traffic engineer in its traffic engineering division.
State DOT Airport Grant Agency
Contracts directly with municipalities by grant agreement to fund municipal airport improvements, without...
NSPE Board of Ethical Review Adjudicator
Adjudicates the present case, foreseeing the potential for a conflict of interest between Engineer A's state highway...
Engineer A State DOT Traffic Engineer
Serves as a traffic engineer for the State DOT, reviewing private engineering firm contracts and traffic signal...
Municipalities Airport Client
Local governments that receive State DOT grant funding for municipal airport improvements and hire their own...
7 entities
Principles P
w=0.2 384D
Faithful Agent Loyalty in Dual Employment
The Board grounds its finding of a Code violation in Engineer A's obligation to serve as faithful agent and trustee,...
Conflict of Interest in Municipal Relations
The Board foresees the potential for a conflict of interest in Engineer A's relations with municipalities as both a...
2 entities
Obligations O
w=0.15 384D
Engineer A Faithful Agent Duty
Engineer A must act as a faithful agent of the State DOT while serving as its traffic engineer, including during any...
Engineer A Government Procedures Compliance
Engineer A must be mindful of the need to carefully follow all applicable government procedures and policies, and of...
Engineer A Plan Review Duty
Engineer A must, on behalf of the State DOT, review private engineering firm contracts and traffic signal plans,...
3 entities
States S
w=0.1 384D
Part Time Engagement Offer Pending
Engineer A. Triggered when Engineer A's former consulting engineering firm approaches him to serve on a part-time...
DOT Municipal Airport Grant Arrangement
State DOT grant agreements with municipalities for airport improvements. Triggered when Execution of grant...
State Consultant Selection Non-Involvement
State DOT, with respect to consultants hired by municipalities for airport improvements. Triggered when The State...
Firm Outside Traffic Signal Review Scope
Engineer A's former consulting engineering firm, relative to Engineer A's State DOT traffic signal review duties....
Engineer A Dual Role Conflict
Engineer A, serving as a state highway employee while representing the consulting firm to the same municipalities on...
Dual Role Ethical Appearance Issues
Engineer A's dual service to the same municipalities in the state highway and airport consulting spheres. Triggered...
6 entities
Resources Rs
w=0.1 384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: conflicts of interest and the faithful agent and trustee obligation in dual employment)
FAA Consultant Selection Guidelines
FAA guidelines (topic: consultant qualifications-based selection procedures)
BER Case 97-1
BER Case 97-1 (topic: moonlighting and dual employment of an engineer holding full-time governmental and part-time...
Case 97-1
Cited to discuss the general ethical framework for engineer moonlighting cases involving dual employment, noting...
4 entities
Actions A
w=0.1 384D
Dual Employment Acceptance
Prior Consulting Employment
Public Employment Acceptance
Contract Plan Review
Part-Time Employment Offer
5 entities
Events E
w=0.08 384D
Grant Agreement Establishment
Conflict Potential Emergence
Ethics Violation Finding
3 entities
Capabilities Ca
w=0.07 384D
Engineer A Airport Design Competence
Engineer A possesses engineering design competence gained through performing airport design at a consulting firm...
Engineer A Plan Review Competence
Engineer A exercises this competence as the State DOT traffic engineer by reviewing private engineering firm...
Engineer A Procedures Compliance Competence
Engineer A's duty to be mindful of and carefully follow all applicable government procedures and policies...
NSPE Board Code Application
The Board applies the governing normative framework, the NSPE Code faithful agent and trustee obligation together...
NSPE Board Conflict Foresight
The Board exercises situation recognition by foreseeing the potential conflict of interest between Engineer A's...
NSPE Board Precedent Reasoning
The Board exercises precedent reasoning in adjudicating the present case by retrieving Case 97-1, applying its...
6 entities
Constraints Cs
w=0.08 384D
Engineer A Public Resource Use Limit
Engineer A must not use the materials, equipment, and resources of the State DOT, his full-time public employer, in...
Engineer A Dual Municipality Representation Limit
Engineer A must not, while serving as a State DOT highway employee dealing with municipalities, act as a...
2 entities
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