Is this considered Unethical?

[NJPE]

I recently attended a Planning Board meeting in which the Municipal Engineer (ME) for the town's Planning Board was a consulting engineer (not employed by the town). At the meeting the ME said he reviewed the geotech report. The geotech report was prepared by the ME's firm for the applicant (developer). Since the Municipal Engineer is responsible for reviewing the plans and geotech report would there be a conflict of interest since the ME is essentially reviewing a geotech report prepared by an Engineer from his firm? If yes, should this be reported?

 

[beej67]

Yes.
Maybe.


Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[Ron]

Assuming from your handle that you are from New Jersey and that the act you described also occurred in New Jersey, then according to New Jersey's engineering law, the engineer has possibly committed misconduct (items i and ii), and the firm has possibly committed misconduct as well (item iii) based on the following statement in NJ Administative Code, Section 13:40-3.5 (a)....

4. Engaging in any activity which involves him in a conflict of interest, including without limitation:
[highlight]i. A licensee shall inform his client or employer of any business connection, interest or circumstance which might be deemed as influencing his judgment or the quality of his services to the client or employer.[/highlight]
[highlight]ii. When in public service as a member, advisor or employee of a governmental agency, a licensee shall not participate in the deliberations or actions of such agency with respect to services rendered or to be rendered by the licensee or any firm or organization with which he is associated in private practice.[/highlight]
[highlight green]iii. A licensee shall not solicit or accept a professional contract from a governmental agency upon which a principal, officer or employee of his firm or organization serves as a member, advisor or employee[/highlight]

 

[IRstuff]

It seems to me that your pursuit of this matter will result in a potentially permanent rift in any relationship you might have with this agency.

The regulations cited above seem to be written so that they appear to be covering the bases, yet leave loopholes that could allow your description of events to be legal:

i> He only needs to let the board know that the report is from his company
ii> His task to review the report does not necessarily constitute "participation in deliberations or actions," so long as he is keep from the actual deliberation
iii> His firm's report does not constitute being "a member, advisor or employee," so he can accept his own contract. His company can accept their portion of the contract so long as person in the company that accepted the contract is not a licensee.

TTFN
faq731-376

 

[patprimmer]

Appart from what Ron says which makes good sense, when it comes to ethics and conflict of interest, disclosure goes a long way.

As to legality vs ethics, that's aq whole other argument.

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &

http://eng-tips.com/market.cfm

for site rules

 

[jmw]

When it comes to local government, they can put central government to shame for some of the things they do (and in the UK they get paid more than CG).

I think the ethics of the ME might be the least of the concerns if this is anything like our local council where we can only assume the planning department is for sale to the highest bidder.

But in small councils with part time staff there will necessarily be occasions like this because the council members and officials have to earn a living.
Just so long as it is all out in the open.

JMW

http://www.ViscoAnalyser.com

 

[Ron]

Pat...you are exactly right.

When I originally wrote my reply, it was completely about disclosure and then decided to change it to put in the excerpt from the law...which is also mostly about disclosure.

Many of the states in the US have similar provisions in their engineering practice rules and law. There is generally no conflict of interest when all parties are aware of the potential for conflict and accept that going forward.

As to legality and ethics for engineers in the US, they are often one and the same as some of the engineering laws in US states also pull in prohibitions of ethics violations.

 

[MacGyverS2000]

Being close to D.C., the news is always filled with which member of the district council is being investigated for improper conduct. In the last year, several members have been either indicted (or going through the indictment process) of embezzlement, contract favoritism, and on and on. When the FBI broke down the door to one member's house, the wife was busy stuffing cash in her bra and checks down the toilet... they had their cell's tapped and got it all on tape him telling her to "flush it all" while they were breaking down the door.

At least federal government has the decency to hide it better... these local yahoos, well, they're just too inexperienced at it.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[jmw]

Flushing it down the toilet.... don't they watch TV? they just set up an intercept in the sewage lines.

JMW

http://www.ViscoAnalyser.com

 

[FeX32]

Haha. Obviously doesn't know how to hide his money properly.


Fe (IronX32)

 

[btrueblood]

Ron,

Are you a Packers fan by any chance?

 

[Ron]

btb....nope. Just wasn't smart enough to figure out different colors!!