Obligation-Conflict Resolution

Case 22-5 (2022) · Professional Responsibility if Appropriate Authority Fails to Act

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
EngineerB_NonAcquiescenceToClientSafetyOverride prevails over EngineerB_ABCEmployerLoyaltyBoundary
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Confirmed Lead Leaching Risk Without Safeguards
  • Lead Exposure Risk from Deferred Water Treatment
  • MWC Decision to Proceed Without Concurrent Treatment
EngineerB_PublicWelfareSafetyEscalation prevails over EngineerB_ABCEmployerLoyaltyBoundary
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Confirmed Lead Leaching Risk Without Safeguards
  • Lead Exposure Risk from Deferred Water Treatment
  • MWC Decision to Proceed Without Concurrent Treatment
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EngineerB_StateAgencyReporting prevails over EngineerB_GraduatedInternalEscalation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Internal Escalation to MWC Exhausted
  • MWC Decision to Proceed Without Concurrent Treatment
Structural Engineer Building Sale Code Violation Reporting Obligation prevails over StructuralEngineer_ConfidentialityVsPublicSafetyObligation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Confirmed Lead Leaching Risk Without Safeguards
EngineerDoe_PublicInterestEnvironmentalTestimony prevails over Engineer Doe Public Hearing Reporting Obligation Industry Process Evaluation
the two obligations are in tension (competesWith)
No State context committed for this edge.
Engineer B Formal Reporting Obligation Discharge Sufficiency Recognition MWC Water Source prevails over EngineerB_PostRegulatoryApprovalEscalationConsideration
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer B Professional-Citizen Boundary Determination
  • Engineer B Regulatory Reporting Completed - Authority Inaction
  • State Department Approval with Five-Year Deferred Treatment
EngineerB_PublicWelfareSafetyEscalation prevails over Engineer B Post-Obligation Citizen Advocacy ABC Engineers Concurrence MWC Water Source
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineer B Discharge Following Safety Escalation
  • Lead Exposure Risk from Deferred Water Treatment
Open tensions recorded without a resolution: Engineer B Prior Safety Report Sufficiency Self-Assessment MWC Water Source vs EngineerB_PostRegulatoryApprovalEscalationConsideration EngineerB_CitizenAdvocacyEmployerConsideration vs EngineerB_PostRegulatoryApprovalEscalationConsideration
What the board concluded
  • Any additional steps taken beyond the notification of appropriate authorities are not an obligation of Engineer B but rather a personal choice as a citizen, and should be taken with due consideration of the multiple stakeholders in this matter and the engineer’s many ethical obligations.