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Engineer Intern D’s adherence to DOT policy (avoiding the old water main) is in accord with the Canon 3 requirements of objectivity and truthfulness. Engineer W’s willingness to overlook DOT policy is inconsistent with Canon 4, the engineer’s obligation to act as faithful agent or trustee of one’s employer and with Canon 5, to avoid deception, which, of course, challenges Canon 6, protecting the honor, reputation, and usefulness of the profession.
Of course, situations like this have happened before. In BER Case 98-5 , Engineer Charlie served as director of a building department in a major city where, as a result of a series of budget cutbacks and more rigid code enforcement requirements, he became concerned that his staff would be unable to perform adequate and timely building inspections. Engineer Charlie met with the chairman of the local city council to discuss his concerns. The chairman indicated that he would be willing to issue an order to permit the hiring of additional code officials for the building department. However, the chairman sought Engineer Charlie’s concurrence on a city ordinance that would permit certain specified buildings under construction to be “grandfathered” under the older existing enforcement requirements and not the newer, more rigid requirements now in effect. Engineer Charlie agreed.
The Board acknowledged that Engineer Charlie might interpret the situation as one involving “trade-offs” in which one must weigh one “public good” (a better building inspection process) against a competing or concurrent ”public good” (a consistent code enforcement process). In such a situation, the engineer could arguably rationalize a decision to compromise, something frequently done in the political arena. However, the Board rejected the logic of compromise for Case 98-5 , concluding that Engineer Charlie had a responsibility to make it plain and clear to the chairman that “righting a wrong with another wrong,” increases risk of grave damage to the publ...