Smith and Wells, Professional Ethics
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Transcript of Smith and Wells, Professional Ethics
‘Tireless advocates for
ethics in engineering’
Bob Nichols1926 - 2015
Jim Nichols1923 - 2016
WHAT IS ETHICS?Moral set of principles or valuesGoverning principlesGuiding philosophyPersonal code of conduct
Definitions on p. 1-2
ETHICS CODES ARE DYNAMICReevaluated when ethical dilemmas ariseMust be applicableChange over the years:
Early Years• Advertising• Competitive
bidding• Self promotion
Today• Signing and sealing
work• Whistleblowing• Conflict of interests
RESOURCES For Advice:
Arthur Schwartz, Legal CounselNational Society of Professional [email protected]
National Society of Professional Engineers
Texas Tech Murdough Center for Engineering Professionalism
LIKELY CAUSES OF UNETHICAL BEHAVIOR
LEADING FACTORS:1. business objectives and deadlines 2. desires to further one’s career3. protect one’s livelihood
By Arthur Schwartz
http://cenews.com/article/4484/likely-causes-of-corporate-unethical-behavior
NSPE CODE OF ETHICSpage 5
FUNDAMENTAL CANNON 1
Health Safety Welfare
FUNDAMENTAL CANNON 2
Competent service
FUNDAMENTAL CANNON 3
Factual in public statements
FUNDAMENTAL CANNON 4
Act as a faithful agent
FUNDAMENTAL CANNON 5
Avoid deceptive acts
FUNDAMENTAL CANNON 6
Enhance reputation of profession
HOUSE BILL 23 - RECENT CHANGES
Disclosure required when working with local government officials
Now includes Water Districts & River Authorities
Must disclose any benefit (gift) in excess of $100 (meals and beverages not included)
HOUSE BILL 1295
A governmental entity or state agency may not enter into certain contracts with a business entity without a disclosure.
Paperwork – paperwork – paperwork
PRACTICE CASE Ralph works for Early & Under firm. Ralph is working on a project for a private company, Company X. The fees on the project have exceeded the budget. Ralph’s supervisor at Early & Under, tells him to charge his future time on the project for Company X to the budget of Company Y, which is well under budget.
The services for Company X and Company Y are not related, however neither Company X nor Company Y are a governmental agency, so the budgets involved do not relate to any public funds.
The additional charges will not cause Early & Under to exceed its budget with Company Y.
BER Case No. 14-6 (abbreviated)
PRACTICE CASEQUESTIONS:1.Would it be ethical for Ralph to charge his
time for Company X to the budget of Company Y?
2. Was it ethical for Ralph’s supervisor to direct Ralph to charge his time for Company X to the budget of Company Y?
BER Case No. 14-6 (abbreviated)
PRACTICE CASECONCLUSION: It would be UNETHICAL for Ralph to charge his time for Company X to the budget of Company Y.
It was UNETHICAL for Ralph’s supervisor to direct Ralph to charge his time for Company X to the budget of Company Y.
BER Case No. 14-6 (abbreviated)
CASE NO. 14-7
PAGE 7Read facts:
ANSWER QUESTIONSA’s Ethical ObligationsB’s Ethical Obligations
CASE NO. 14-7PAGE 18Board of Ethical Review:
A acted EthicallyRecuse if Conflict of Interest
B’s Ethical ObligationDevelop Policy Guidance
CASE NO. 14-12
PAGE 11Read facts:
ANSWER QUESTIONSWas A Ethical? Was C Unethical to file complaint?
CASE NO. 14-12PAGE 33
Board of Ethical Review:Not unethical for A
Should have advised C
Not unethical for CShould have included that advise was helpful
CASE NO. 14-5
PAGE 8READ FACTS:
ANSWER QUESTIONSWas It Ethical To Make Changes
CASE NO. 14-5
PAGE 21
Board of Ethical Review:Unethical for B to make changesProfessional Respect
PAGE 9READ FACTS:
ANSWER QUESTIONWhat are A’s ethical obligations?
BER CASE 14-8
CASE NO. 14-8
PAGE 25Board of Ethical Review:
Ongoing duty to honor obligations former employer and private client
CASE NO. 14-10PAGE 10READ FACTS:
ANSWER QUESTIONSEthical to call firm “PXL Engineering of State Z”?
Ethical to use similar “statements of Firm Principles” on website?
CASE NO. 14-10
PAGE 30
Board of Ethical Review: Unethical to call firm “PXL Engineering of State Z” Unethical. Legal issues may arise!
