Step 3: Temporal Dynamics Pass (Facts)

Section Content:

Facts:
Engineer A works in a metropolitan area bordering on two states, and designs bridges and culverts as an employee of ABC Consultants, working in both State Q and State Z.
ABC’s competitors, XYZ Engineers, hired a new project manager, Engineer B, with extensive experience in responsible charge of projects in another region, and began to market bridge and culvert designs in both states.
Engineer B’s projects completed while in previous employment did not involve proprietary design concepts, and the capabilities of project team members on those projects were within Engineer B’s areas of expertise.
XYZ Engineers’ qualifications statements accompanying their project proposals clearly indicate their projects in the body of the proposal.
In addition, at the beginning of an individual qualification section, Engineer B’s projects for a different firm are identified as a part of Engineer B’s experience, identifying the prior employer and the associated client for each project.
However, while this notice appears to indicate an intent to provide transparency, this notice was not included in all paragraphs of the lengthy individual descriptions of those projects.
Engineer A questions whether this proposal/marketing practice is misleading to clients and unethical.
Engineer A decides to review the NSPE Code of Ethics and the engineering licensing board law and rules of professional conduct in both states.
The State Q Licensing Board Rules, patterned after the NCEES Model Rules, indicate in relevant part that “presentations incidental to the solicitation of employment shall not misrepresent facts concerning employers, employees, associates, joint ventures or past accomplishments”.
Engineer Q finds that the Rules in State Z, which have a long and unique legislative history, are much more specific, indicating in part that “a licensee who has been an employee of another design firm may not claim unconditional credit for design projects contracted for in the name of a previous employer”, and that “any list of such projects must include, next to the specific project listing, detailed information naming the previous firm and the licensee’s specific involvement in the project”.
The Rules in both states require a licensee who has knowledge or reason to believe that a person or firm has violated those Rules to report such knowledge or belief to the Board of Licensure in writing.
Engineer Q considers whether this proposal/marketing practice is unethical in accordance with the NSPE Code of Ethics and whether Engineer A has an obligation to report to the two licensing jurisdictions.