Public Welfare at What Cost?
Case 58
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It would not be ethical for Engineer Intern D to accede to Engineer W’s veiled directive to revise the design so that the old water main is impacted by the DOT project. It would not be ethical for Engineer W to sign off on a design altered so that the old water main is impacted by the DOT project. Engineer W would not be acting as a faithful agent of the DOT.
1. It would not be ethical for Engineer Intern D to accede to Engineer W’s veiled directive to revise the design so that the old water main is impacted by the DOT project.
2. It would not be ethical for Engineer W to sign off on a design altered so that the old water main is impacted by the DOT project. Engineer W would not be acting as a faithful agent of the DOT.
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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...
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A consultant recently determined the existing water main in Shadyvale is generally in good condition but extremely old. Further, the water main is no longer large enough for all the properties served. The cost to replace is an unaffordable $750,000.
The State DOT is planning a highway reconstruction project in Shadyvale. Engineer W is the senior DOT engineer responsible for this project Engineer W delegates the project to Engineer Intern D, who is about to sit for the PE exam. State DOT policy unambiguously requires that only unavoidable utility conflicts will be paid for as part of highway projects, and that other utility work is to be considered as a betterment that must be paid for by the local municipality. Engineer Intern D initiates the design layout for the Shadyvale DOT project to avoid conflicts with the existing utilities, including separation of a new closed drainage system from the old water main.
During design development review, Engineer W conveys to Engineer Intern D in an indirect way that the design should be revised so that the old water main is impacted. In that case, the cost to Shadyvale would be only the difference in price between the existing size of the water main and the proposed larger size, rather than the entire water main replacement cost. As a result, Shadyvale would pay an affordable $50,000 for the water main upgrade, an amount they can afford. Engineer W tells Engineer Intern D, “I’ll sign off on it.”
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Would it be ethical for Engineer Intern D to revise the design so that the old water main is impacted by the DOT project? Would it be unethical for Engineer W to sign off on the design where the old water main is impacted by the DOT project?
1. Would it be ethical for Engineer Intern D to revise the design so that the old water main is impacted by the DOT project?
2. Would it be unethical for Engineer W to sign off on the design where the old water main is impacted by the DOT project?
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I.3. Issue public statements only in an objective and truthful manner. Subject Reference Public Statements and Criticism I.4. Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees I.5. Avoid deceptive acts. Subject Reference Advertising I.6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.
I.3. Issue public statements only in an objective and truthful manner. Subject Reference Public Statements and Criticism
I.3. Issue public statements only in an objective and truthful manner. Subject Reference Public Statements and Criticism
I.3.
I.3.
Issue public statements only in an objective and truthful manner. Subject Reference Public Statements and Criticism
Issue public statements only in an objective and truthful manner.
Issue public statements only in an objective and truthful manner.
Subject Reference Public Statements and Criticism
Subject Reference
Public Statements and Criticism
Public Statements and Criticism
I.4. Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees
I.4. Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees
I.4.
I.4.
Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees
Act for each employer or client as faithful agents or trustees.
Act for each employer or client as faithful agents or trustees.
Subject Reference Employer Faithful Agents and Trustees
Subject Reference
Employer Faithful Agents and Trustees
Employer
Faithful Agents and Trustees
I.5. Avoid deceptive acts. Subject Reference Advertising
I.5. Avoid deceptive acts. Subject Reference Advertising
I.5.
I.5.
Avoid deceptive acts. Subject Reference Advertising
Avoid deceptive acts.
Avoid deceptive acts.
Subject Reference Advertising
Subject Ref...
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57
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer W Faithful Agent of Employer
The Board holds that Engineer W's willingness to overlook DOT policy is inconsistent with Canon 4, the duty to act...
Engineer W Senior DOT Engineer
Senior DOT engineer responsible for the Shadyvale highway reconstruction project. Delegates the project to Engineer...
Consultant Water Main Assessor
Recently determined that the existing Shadyvale water main is generally in good condition but extremely old, no...
Board of Ethical Review Adjudicator
Adjudicates the present case, concluding that helping the residents of Shadyvale cannot be accomplished at the...
Engineer Intern D Project Designer
Delegated the Shadyvale DOT project by Engineer W. Initiates the design layout to avoid conflicts with existing...
State DOT Highway Project Agency
State agency planning the highway reconstruction project in Shadyvale and employing Engineer W. Its policy...
Shadyvale Municipality
Local municipality whose old, undersized water main serves the properties in the highway project area. Cannot afford...
7 entities
Principles
P
w=0.2
384D
Public Welfare of Shadyvale Residents
Engineer W's indirect suggestion to revise the design so the old, undersized water main is impacted, reducing...
Objectivity in DOT Design
Engineer Intern D's design layout avoiding the old water main in adherence to DOT policy, which the Board finds in...
Profession Honor in Shadyvale
The Board finds that the deception involved in secretly diverting DOT funds challenges Canon 6, protecting the...
Honesty in Water Main Design
The suggested revision would manufacture a utility conflict that Engineer Intern D's original layout had...
Truth at Stake in Shadyvale
The Board holds that secretly diverting $700,000 of state DOT funds for Shadyvale's benefit sacrifices the truth,...
Faithful Agent Loyalty to DOT
Engineer Intern D's initial design layout avoids conflicts with existing utilities, in keeping with the DOT policy...
Transparency as Ethical Alternative
The Board states that if Engineer W were willing to try an open and transparent way to help Shadyvale, such as...
Public Welfare in Shadyvale Water
Engineer W's altruistic motivation to help the impoverished residents of Shadyvale obtain an adequate water main is...
8 entities
Obligations
O
w=0.15
384D
Engineer W Truthfulness Duty
Engineer W must pursue any help for the residents of Shadyvale truthfully, without sacrificing the truth by secretly...
Engineer Intern D Objectivity Duty
Engineer Intern D must produce a design layout that is objective and truthful, avoiding the old water main in...
Engineer W Profession Honor Duty
Engineer W must conduct professional practice so as to protect the honor, reputation, and usefulness of the...
Engineer Intern D Faithful Agent Duty
Engineer Intern D must act as a faithful agent of the State DOT in performing the delegated design work, laying out...
Engineer Intern D Design Truthfulness Duty
Engineer Intern D must ensure the design layout truthfully reflects whether a conflict with the existing water main...
Engineer W Design Truthfulness Duty
Engineer W must be truthful in directing and approving the project design, not steering a revision that would...
Engineer W Faithful Agent Duty
Engineer W, as the senior DOT engineer responsible for the project, must act as a faithful agent of the State DOT...
7 entities
States
S
w=0.1
384D
Intern D Pre-Licensure Delegation
Engineer Intern D
Shadyvale Replacement Cost Unaffordability
Shadyvale municipality
Conflict-Avoiding Initial Design Layout
Shadyvale DOT project design layout
Aged Undersized Shadyvale Water Main
Shadyvale water main
DOT Betterment Policy In Force
Shadyvale DOT highway reconstruction project
Engineer W Interest Misalignment
Engineer W
Prospective DOT Fund Diversion Concealment
Shadyvale DOT highway project cost allocation
Available Transparent Alternatives Shadyvale
Engineer W
Supervisor Directive To Impact Main
Engineer Intern D
9 entities
Resources
Rs
w=0.1
384D
State DOT Utility Policy
NSPE Code of Ethics
BER Case 05-5
BER Case 98-5
BER Case 86-6
5 entities
Actions
A
w=0.1
384D
Project Delegation
Sign-Off Commitment
Infrastructure Condition Assessment
Policy-Compliant Design Layout
Design Revision Directive
5 entities
Events
E
w=0.08
384D
Water Main Deficiency Finding
Highway Project Initiation
Fund Diversion
3 entities
Capabilities
Ca
w=0.07
384D
Engineer Intern D Design Capability
Consultant Water Main Assessment
Engineer Intern D Objectivity Maintenance
Board Precedent Reasoning
Engineer W Stakeholder Engagement
Engineer W Engineering Competence
Engineer W Supervisory Control
Board Canon Application
8 entities
Constraints
Cs
w=0.08
384D
Engineer Intern D Non-Deception Boundary
Engineer Intern D must not produce a revised design layout that deceptively presents an avoidable conflict with the...
Engineer W Non-Deception Boundary
Engineer W must not steer or approve a design revision that represents an avoidable water main conflict as...
Engineer Intern D Betterment Funding Boundary
Engineer Intern D must not revise the compliant design layout to create an avoidable conflict with the existing...
Engineer W Benevolent Justification Bar
Engineer W must not treat his altruistic motivation to help the residents of Shadyvale as justifying the secret...
Engineer W Betterment Funding Boundary
Engineer W must not direct that the Shadyvale project design be revised to impact the old water main when the...
5 entities
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