It was unethical for Engineer A to accept the position as county surveyor.

The Board notes that its evaluation of the facts of this case is limited to an interpretation of the NSPE Code of Ethics and in no way constitutes an interpretation of any state engineering or surveying registration law in recognition of the great disparity in state registration laws and rules of professional conduct. The Code provisions under consideration in the case have been interpreted in the past by this Board in the context of consulting engineering services and not in the context of an employment relationship. In BER Case 71-2, a case involving the brokerage of engineering services by two firms competing for government work, this Board, in examining predecessor Section 6, recognized "the propriety and value of the prime professional or client retaining the services of experts and specialists in the interests of the project," and noted that a prime professional will be expected to retain or recommend the retention of experts and specialists in situations in which the prime professional is performing substantial services on the project. A second BER case, Case 78-5, involved an effort by a consulting firm under consideration to perform services to a public utility in which the firm sought to alter its qualifications following its interview with the public utility in order to improve its position to secure the contract. This Board affirmed its decision rendered in Case 71-2 that in the field of consulting practice, engineers have an ethical obligation to seek work only in areas where they possess educational background and experience or to retain individuals who possess the necessary educational background and experience to perform the work. While the facts of the two aforementioned cases are quite dissimilar with the instant case, those two cases do relate to the same Code provisions, and do have some bearing upon our understanding of those provisions. Obviously, there are important distinctions in applying the Code language to a consulting practice and app...

A local county ordinance requires that the position of county surveyor be filled by a P.E. The first appointee to the position was not a P.E. and was therefore deemed unqualified to continue in the position. The county commissioners met and decided to appoint Engineer A, a P.E. with experience and educational background solely in the field of chemical engineering. Engineer A accepted the position.The duties and responsibilities of the position of county surveyor include oversight of surveying reports and highway improvement projects but do not include actual preparation of engineering or surveying documents.

Was it ethical for Engineer A to accept the position of county surveyor?