Obligation-Conflict Resolution

Case 22-6 (2022) · Siting a Truck Stop

Professional obligations conflict, and the board applies no fixed rule for which one wins. Each resolution is recorded as three edges: competesWith (the tension), prevailsOver (the obligation the board allowed to win in this case), and defeasibleUnder (the situation under which the yielding obligation gives way). The same tension is then traced across comparable cases, where its resolution shifts with context. Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
Engineer H Sustainable Development Environmental Testimony ZZZ Truck Stop prevails over Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer H Potential Unlicensed Practice at Public Hearing
  • Engineer H Testimony Evasion of Tank Leak Concerns
  • Unlicensed Practice by Engineer H in State I
Engineer H Out-of-State Licensure Compliance ZZZ Truck Stop Drainage Board prevails over Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer H Potential Unlicensed Practice at Public Hearing
  • Engineer H Testimony Evasion of Tank Leak Concerns
  • Unlicensed Practice by Engineer H in State I
Engineer H Public Hearing Testimony Completeness ZZZ Truck Stop prevails over Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer H Potential Unlicensed Practice at Public Hearing
  • Engineer H Testimony Evasion of Tank Leak Concerns
  • Unlicensed Practice by Engineer H in State I
Engineer R Public Interest Environmental Testimony ZZZ Truck Stop Drainage Board prevails over Engineer R Fact Grounded Technical Opinion Drainage Board
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer R Confirmed Risk Without Adequate Safeguards
  • Engineer R Post-Hearing Escalation Obligation
  • Engineer R Public Testimony Safety Concern Dismissed by Drainage Board
Featured
Engineer H Objective Complete Reporting Drainage Board Testimony prevails over Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer H Potential Unlicensed Practice at Public Hearing
  • Engineer H Testimony Evasion of Tank Leak Concerns
  • Unlicensed Practice by Engineer H in State I
What the board concluded
  • Engineer R fulfilled ethical obligations regarding environmental concerns at the site of the truck stop through public testimony.
  • Engineer H did not act ethically by failing to address the potential for leaks in underground storage tanks during the presentation and questioning, whether by explaining how the issue had been addressed or by agreeing to re-examine the plans in light of the issue.