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Avoid Conflicts of Interest Group 23 Presentation Kyle Terry, Alex Schilling, Tim Burke, Tom Canataro CIEG 125 Professor McNeil Chapter 14 4 December 2005
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The Situation (part one): Joe calls you into his office with Sarah explaining he needs you to make a trip to Atlanta to negotiate a contract with P20 (a large consulting engineering and construction company) Joe calls you into his office with Sarah explaining he needs you to make a trip to Atlanta to negotiate a contract with P20 (a large consulting engineering and construction company) you remember the engineer Gina from your days at Lehigh and you are also familiar with her husband you remember the engineer Gina from your days at Lehigh and you are also familiar with her husband in effort to get back on good terms, Joe has arranged for you to stay the weekend taking into consideration your love for baseball and potential invite to two games in effort to get back on good terms, Joe has arranged for you to stay the weekend taking into consideration your love for baseball and potential invite to two games Sarah briefs you on the job explaining P20 isn’t doing the work in-house because they landed more big projects than they can handle Sarah briefs you on the job explaining P20 isn’t doing the work in-house because they landed more big projects than they can handle Gina invites you to both games, you accept Gina invites you to both games, you accept business goes smoothly all Friday and you attend game one of two that evening business goes smoothly all Friday and you attend game one of two that evening Over lunch on Saturday, Gina explains a problem with her husband, Sherman: Over lunch on Saturday, Gina explains a problem with her husband, Sherman: Sherman is simultaneously a consultant for the Costal Commission and working for a client that wants to build a marina Sherman is simultaneously a consultant for the Costal Commission and working for a client that wants to build a marina last month Sherman got a letter from the State of Georgia Board of Professional Registration addressing a complaint that Sherman was dealing with a conflict of interest last month Sherman got a letter from the State of Georgia Board of Professional Registration addressing a complaint that Sherman was dealing with a conflict of interest Gina isn’t sure that the coastal commission knows Sherman is also working for a developer Gina isn’t sure that the coastal commission knows Sherman is also working for a developer everyone wants Sherman to help out with insider information everyone wants Sherman to help out with insider information
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The Situation (Part 2): Sherm feels as though he can handle the multi-tasking Sherm feels as though he can handle the multi-tasking He has hired an attorney to write letters to the state board disputing the letters sent to him He has hired an attorney to write letters to the state board disputing the letters sent to him The Board has stalled on the case, getting advice from ethics consultants on what they should do The Board has stalled on the case, getting advice from ethics consultants on what they should do You tell Gina that he has a choice to make because of a conflict with the Code of Ethics You tell Gina that he has a choice to make because of a conflict with the Code of Ethics You agree with his attorney in that board will give Sherm an adequate amount of time to resolve this before they bring this to court and punish him You agree with his attorney in that board will give Sherm an adequate amount of time to resolve this before they bring this to court and punish him You think Sherm should back off of the one end of environmental activism, or he may loose credibility with both sides of his work You think Sherm should back off of the one end of environmental activism, or he may loose credibility with both sides of his work The next day you go to the baseball game with Gina and Sherman The next day you go to the baseball game with Gina and Sherman You and Sherm talk about the conversation you had with Gina yesterday during an inning break when Gina goes to the bathroom You and Sherm talk about the conversation you had with Gina yesterday during an inning break when Gina goes to the bathroom Sherm thinks he can handle both jobs, and is the best suited man for both of them Sherm thinks he can handle both jobs, and is the best suited man for both of them You tell Sherm that it is the perception of the conflict, not the action of it, therefore he should back off the one end You tell Sherm that it is the perception of the conflict, not the action of it, therefore he should back off the one end Sherm responds loudly and aggressively, disagreeing with what you had said Sherm responds loudly and aggressively, disagreeing with what you had said He says he has worked to hard to back off of one end now just because the perception isn’t right. Sherm thinks he is now cashing in on his hard work, and doesn’t want to back out He says he has worked to hard to back off of one end now just because the perception isn’t right. Sherm thinks he is now cashing in on his hard work, and doesn’t want to back out You are left not knowing what to do or how to respond You are left not knowing what to do or how to respond
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Safety How safe is safe? How safe is safe? “If the risks judged are to be acceptable” “If the risks judged are to be acceptable” Communication of risks Communication of risks The Ford Pinto- unethical The Ford Pinto- unethical Safety of streets in Atlanta Safety of streets in Atlanta
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Professional Registration 1500-1600’s – long apprenticeship 1500-1600’s – long apprenticeship Modern Engineering- Ecole Polytechnique Modern Engineering- Ecole Polytechnique Accredited schooling Accredited schooling Fundamentals of Engineering Exam Fundamentals of Engineering Exam 4 year apprenticeship 4 year apprenticeship Professional Engineering Exam Professional Engineering Exam Alternative Route Alternative Route
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Conflict of Interest I “the servant of two masters” “the servant of two masters” “Chinese Wall” “Chinese Wall” Avoid Conflicts of Interests Avoid Conflicts of Interests Be seen acting ethically Be seen acting ethically
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Conflict of Interest 2 The American Society of Civil Engineers (ASCE) Code of Ethics does not define conflict of interest directly. It gives important generalities about the issue, but no true definition. The American Society of Civil Engineers (ASCE) Code of Ethics does not define conflict of interest directly. It gives important generalities about the issue, but no true definition. CANON 4 in the Code states: CANON 4 in the Code states: a. Engineers shall avoid all known or potential conflicts of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interests, or circumstances which could influence their judgment or quality of their services. a. Engineers shall avoid all known or potential conflicts of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interests, or circumstances which could influence their judgment or quality of their services. b. Engineers shall not accept compensation from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all parties. b. Engineers shall not accept compensation from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all parties. d. Engineers in public service as members, advisors, or employees of a governmental body or department shall not participate in considerations or actions with respect to services solicited or provided by them or their organization in private or public engineering practice. d. Engineers in public service as members, advisors, or employees of a governmental body or department shall not participate in considerations or actions with respect to services solicited or provided by them or their organization in private or public engineering practice. g. Engineers shall not accept professional employment outside of their regular work or interest without the knowledge of their employers. g. Engineers shall not accept professional employment outside of their regular work or interest without the knowledge of their employers.
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The National Institute for Engineering Ethics (NIEE) states: The National Institute for Engineering Ethics (NIEE) states: Engineers shall act as faithful agents for their employers or clients and maintain confidentiality; they shall avoid conflicts of interest whenever possible, disclosing unavoidable conflicts. Engineers shall act as faithful agents for their employers or clients and maintain confidentiality; they shall avoid conflicts of interest whenever possible, disclosing unavoidable conflicts. There is not a definition for conflict of interest but just farther explains ethics relating to it There is not a definition for conflict of interest but just farther explains ethics relating to it For Sherman, him not telling his companies that he is working for another breaks ethics in the ASCE Canon 4 Part a. If a project with both employers came up then it is a conflict of interest and that breaks the ethics of ASCE and NIEE. For Sherman, him not telling his companies that he is working for another breaks ethics in the ASCE Canon 4 Part a. If a project with both employers came up then it is a conflict of interest and that breaks the ethics of ASCE and NIEE.
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Why Be a Good Engineer? In addition to being good at technical skill, to be a good engineer, one must have high moral standards, obey the law, and obey the code of ethics. In addition to being good at technical skill, to be a good engineer, one must have high moral standards, obey the law, and obey the code of ethics. In order to maintain a viable engineering profession, engineers should demonstrate good professional manners and warn others for crude behavior. They shouldn’t be criminals and should have high morals and abide by the law In order to maintain a viable engineering profession, engineers should demonstrate good professional manners and warn others for crude behavior. They shouldn’t be criminals and should have high morals and abide by the law All engineers have a responsibility to uphold the honor of professional engineering and create a culture where all engineers con flourish All engineers have a responsibility to uphold the honor of professional engineering and create a culture where all engineers con flourish Bad manners result in ridicule and immoral conduct can result in the loss of a client or business. Law breaking may result in jail time or fines. Bad manners result in ridicule and immoral conduct can result in the loss of a client or business. Law breaking may result in jail time or fines. All engineers are from a community, the engineering community, which they all benefit from when all act ethically. All engineers are from a community, the engineering community, which they all benefit from when all act ethically. Any antisocial act has a personal cost. Every lie or antisocial act by a person reduces one’s standing as an honorable human being. Any antisocial act has a personal cost. Every lie or antisocial act by a person reduces one’s standing as an honorable human being.
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