Case Repository

1. Given the facts, the Board interprets that Engineer J’s transition from the private sector to the public sector was not recent and there does not appear to be a conflict between J’s former work at BWJ and their current work for City C.
2. Although flood damage and independent consultant Firm IBM’s analysis show larger flows, Principal Engineer R and Principal Engineers R’s firm should confirm whether an error exists – essentially, they should re-review Firm IBM’s analysis. If Firm BWJ determines they made a mistake, Principal Engineer R is responsible to acknowledge errors.

1. Inasmuch as no “revolving door” contractual (i.e., legal) prohibition exists to private employment, it would be ethical for Engineer D to accept employment with firm AE&R. This finding is consistent with a long history of NSPE cases; engineers are free to move and work where they would like.
2. As to whether it would be ethical for Engineer D to be immediately, directly involved with AE&R's projects with the City, the answer is mixed as multiple considerations and details will affect the outcome. For example, participation in ongoing projects for which Engineer D has particular specialized knowledge may be ethical with disclosure and consent. Likewise, situations such as negotiating change orders (potential conflict of interest) might also be cured by disclosure and consent. However, for complex situations (e.g., perception of influence relative to solicitation of a contract) or prohibitive situations (e.g., divulging confidential information) a voluntary embargo by Engineer D for a specified period of time may be efficacious. In positive ways, such practices facilitate conduct which is honorable, responsible, ethical and lawful so as to enhance the honor, reputation and usefulness of the engineering profession.

1. Clear reporting of unresolved public health and safety risks to “appropriate authorities” satisfies Engineer B’s obligation to protect public health, safety and welfare.
2. 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.

1. Engineer A has an ethical obligation to include information about the utility generation mix and potential rolling blackouts in a report to the organization’s board.
2. Engineer A’s report should also include information about cost of battery storage and the potential consequences of not having battery storage on system reliability relative to public safety, health, and welfare.

1. Engineer A’s role as a private forensic engineering expert should not present any clear or apparent conflict of interest.
2. Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee within an engineering society, and (2) advise Attorney X that Engineer B serves a member of one of the technical subcommittees within the boiler code standards and safety committee.
3. Engineer A has an obligation to be respectful of Engineer B in his role as a member of one of the technical subcommittees within the boiler code standards and safety committee and also not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel.

It would not be unethical for Engineer A and his firm ABC Engineering to participate in a design-build joint venture and submit a proposal for the major road transportation project, as long as the state agency approves and the work complies with state laws and regulations.

Engineer A has an obligation to advise the state on all feasible and reasonable solutions in an attempt to reach an amicable resolution of this matter, consistent with the interests of the public, including physically moving the historic farmhouse to another appropriate site owned by the family or another party.

It is unethical (and perhaps illegal) for Engineer A to privately discuss constructability issues with Contractor B or any contractor who may bid on the water treatment facility construction contract following the design phase. Instead, Engineer A could conduct a publically advertised constructability meeting, inviting all interested contractors to provide Engineer A with the input necessary to achieve a better design and construction outcome. Engineer A may also want to consider hiring a consultant to advise on constructability issues.

Engineer A clearly has an ongoing duty to honor his obligations both to his former employer and the private client. Engineer A should be assigned other duties by the state remain isolated from the State's water rights case involving Engineer A's former employer and its client—and the state should recognize and respect Engineer A's ethical obligations in this matter.

1. It is ethical for Engineer A to contact Smithtown and advise the town that Engineer B’s performance on the contract did not meet the standards as outlined in Engineer B’s contract with the town.
2. It would not be ethical for Engineer A to offer and agree to perform the work for Smithtown.

It was ethical for Engineer B to make the FOIA request in connection with the state’s procurement of engineering services, pursuant to the State’s RFQ procedures. However, in order to avoid any appearance of impropriety, Engineer B should have made the FOIA request subsequent to Engineer B’s firm’s submitting its RFQ.

It was not ethical for Engineer A to indicate that if prompt measures are not taken to correct the problem, he will be compelled to report the matter to an appropriate federal regulatory agency. Instead, Engineer A should have sought to determine what internal steps are being taken to address the concerns. However, if after making additional inquiries, Engineer A determined that no meaningful action was being taken to address the issue, Engineer A should have explored internal mechanisms within MedTech to seek further recourse regarding this issue. Only if such efforts did not produce satisfactory results should Engineer A consider exploring external avenues for action.

It was not ethical for Engineer C to promise to select Engineer A’s firm on a future engineering project for City X.

1. It was unethical for Engineer A to provide expert testimony in the manner described.
2. It was unethical for Engineer A to serve as a expert witness under the circumstances.

It was not unethical for Engineer X to fail to volunteer the fact that the anticipated commercial development could increase traffic, as well as noise and air pollution.

Engineer A should contact the client and inquire about the actions the client has taken and point out the action is a violation of the law and that steps need to be take to remedy the violation or obtain a variance from the proper authorities. In this connection, the engineer should advise that the remedial actions should be in full compliance with all applicable environmental laws and regulations, which may include the review of a licensed engineer. If appropriate steps are not taken by the client, Engineer A has an obligation to bring this matter to the attention of the appropriate authorities.

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.

It would be ethical for Engineer A’s firm, WXY Engineers, to serve as city engineer for City H, perform general consulting services, and be under contract to provide specific design services.

It was ethical for Engineer A to provide services to the parties in the manner described under the facts.

It was ethical for Engineer A not to report to Client B the ethics complaint filed against Engineer A by Client C.

1. It was ethical for Engineer A to establish his own firm in Clover City.
2. It was ethical for Engineer A to begin soliciting work from ABC’s clients, including Clover City after a year had passed.

It was unethical for Engineer A to serve as city engineer and also provide review and inspection services for private developers within the city.

1. Engineer B's act of notifying Engineer A of his relationship with franchiser was not consistent with the Code.
2. The Board was split on the second question and could not reach agreement.

It would be unethical for Engineer A to have found in the Owner's favor, contrary to his considered professional findings in this matter.

It was unethical for Engineer A not to report the safety violations to the appropriate public authorities.

Engineer A did not fulfill her ethical obligations by informing the City Administrator and certain members of the city council of her concerns.

It was unethical for Engineer A to agree to provide a separate engineering and safety analysis report.

Engineer A acted unethically in submitting a copy of the home inspection to the real estate firm representing the owners.