Engineer K should present both approaches to the City if Engineer K believes both are viable solutions.Because Engineer K has entered into a contract to design the new flood water control system, Engineer K has an ethical obligation to act as a faithful agent or trustee. Engineer K is ethically obligated to fulfill their contractual obligations to the City and continue to design the Traditional Approach as approved by the City.

The Board of Ethical Review (BER) begin this discussion by reviewing the Fundamental Canons of the NSPE Code of Ethics (Code). Engineer K is hired by the City with a specific task in mind—design a new flood control system to protect a rapidly growing urban area; the goal of the completed system will be to protect the public health, safety, and welfare. Engineer K, as a professional engineer, has an obligation to the City to act as a faithful agent or trustee. We will explore the distinction between an agent and trustee with a somewhat simplified description: If the City hires Engineer K and tells them what to do, then Engineer K is acting as the City’s agent—Engineer K should do what the city instructs them to do. If the City hires Engineer K and gives them discretion in how to complete a task, Engineer K is acting as a trustee — the City trusts that Engineer K will do the job as if they were doing it themselves. During the design phase, the City trusts Engineer K to develop a design. What should be included in the design is where the analysis of the Code is required. Certainly, the system should be functional; any non-functional design brings into play the obligation to advise a client or employer if a project will not be successful under Code section III.1.b. When reporting about their design, Engineer K shall be objective and truthful in their professional reports, statements, or testimony. Per Code section II.3.a, they “shall include all relevant and pertinent information in such reports . . . .” Under Code section III.1.f, professional engineers shall treat all persons with dignity, respect, fairness, and without discrimination, and under Code section III.2.d, they are encouraged to adhere to the principles of sustainable development. The BER have referenced multiple Code citations, and there are others that could be added to the list. Generally, Engineer K should use all of their knowledge and ability to study the problem, develop solutions, and recommend to t...

Engineer K, a licensed professional engineer, is hired by the City to design a new flood control system to protect a rapidly growing urban area that has experienced increasingly severe flooding. The City has policies in place to develop new infrastructure projects with resiliency due to climate change in mind. The project’s goal is to create a resilient infrastructure that balances immediate protection needs with long-term sustainability.During the initial design phase, Engineer K identifies two potential approaches, both of which could be successfully designed and implemented:Traditional Approach: Build a concrete floodwall system to provide immediate protection at a relatively low cost. While effective in the short term, the floodwall system has a high carbon footprint, is prone to deterioration, and may require significant repairs or upgrades within 15 years. Further, the system does not provide for expandability should future flooding risk expand or increase and would require complete demolition and rebuilding if the capacity proved insufficient in the future.Sustainable Approach: Develop a green infrastructure system incorporating wetland restoration and other biodynamic controls. This approach would mitigate flooding while enhancing local biodiversity and reducing carbon emissions. Further, the natural aspects of this approach could readily be expanded if additional capacity is necessary should future flooding risk expand or increase. However, the initial cost is significantly higher than the traditional approach and the system requires several years to fully mature before offering optimal protection.As part of the project development process, the City directed Engineer K to hold stakeholder meetings to gather feedback on the project. During stakeholder meetings, some commentors expressed a preference for the Traditional Approach due to its lower upfront cost and faster implementation timeline. However, other community and environmental organizations advocated...

Engineer K personally believes the Sustainable Approach is better. Should Engineer K have only presented information about the Sustainable Approach?Does Engineer K have any ethical obligations after the City approves the Traditional Approach?

I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public I.4. Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees II.3.a. Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. Subject Reference Misrepresentation/Omission of Facts Professional Reports, Statements, Testimony 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.1.b. Engineers shall advise their clients or employers when they believe a project will not be successful. Subject Reference Duty to Disclose III.1.f. Engineers shall treat all persons with dignity, respect, fairness and without discrimination. Subject Reference Harassment and Anti-Discrimination III.2.a. Engineers are encouraged to participate in civic affairs; career guidance for youths; and work for the advancement of the safety, health, and well-being of their community. Subject Reference Community Service/Civic Affairs Duty to the Public ...