Ethics Cases in Professional Practice PDF

Forum ETHICS CASES IN PROFESSIONAL PRACTICE This Forum article is a continuation Last weekend your wife invited mu- university and at the same time had built of a regular series of columns on engi- tual friends, Ted and A...

Forum ETHICS CASES IN PROFESSIONAL PRACTICE This Forum article is a continuation Last weekend your wife invited mu- university and at the same time had built of a regular series of columns on engi- tual friends, Ted and Alice Hammer, to a large addition to Ray Vandergrafft’s neering ethics. The column has been spend the weekend with you at your cot- kitchen because his wife, Olga, was a generated, in part, by an interactive dis- tage on a lake in the northern part of the gourmet chef. Ted said he had decided cussion on the Internet. state. Ted is a senior project manager not to make an issue of it, since the The focus of the Ethics Case program with Quality Construction Co., a local project had been completed for some is to present real situations taken from commercial and institutional building time, and he had been told that the con- professional practice in order to stimu- construction firm. His wife, Alice, is an struction materials and appliances for late greater attention to ethical issues, activist in the Placidville community, the kitchen had come from surplus ma- and to allow Internet Web site visitors and generally known for her ongoing terials from the new lab site and incen- the opportunity to avoid similar pitfalls campaign for integrity in government. tive gifts from the laboratory equipment in their own careers. In addition to pro- During the weekend, Alice mentioned suppliers. He also had learned that the viding an opportunity for individuals to that at a recent zoning board meeting, construction crew worked on the read and respond to the case histories, Gus Olson, one of the other board mem- kitchen when there was not enough to it may also provide a convenient focus bers, told her that the construction com- do at the new engineering test facility for informal brown bag discussions in pany he works for as a carpenter site. firms and agencies. (Shreud Contractors) has assigned him At that point your wife said she had Those interested in this program are as the construction foreman for a garage driven by Fred Facade’s house a few encouraged to visit the new Web site at being built for Ray Vandergrafft. Alice days ago, saw a Shreud pickup truck the following Internet address: recognized the name and knew that Ray parked in the driveway and noted that is one of several project managers for there was remodeling going on at the http://www.engr.washington.edu/epp/ the Capital Construction Projects Office house, apparently to raise the roof and Pepl/Ethics at the university. Gus laughed and said add more space on the second floor. (Use of the capitalized letters as shown that something as small as a wood- Fred is the University Architect. is important.) framed garage was an unusual project You have done architectural design for Shreud Contractors, since they nor- work for the university over the years Results and discussions will also ap- mally were involved in heavy steel erec- and have contributed to their alumni pear in the Forum section of the Journal tion projects for large structures in the giving campaign. In the past, you sus- of Professional Issues in Engineering region. pected that some contractors and archi- Education and Practice. A more de- Ted interjected that he had heard tects received favored treatment from tailed description of this program ap- Shreud Contractors recently was the university, especially the Office of peared in the January 1998 issue of this awarded a contract with an estimated the University Architect, but this is the journal. budget of $500,000 to make remedial first time you have heard anyone detail THE FETID FAVOR FIASCO repairs to the steel superstructure of the a specific situation. You know the uni- university’s aging football stadium. He versity president on a first-name basis, You are an architect with a 10-person understood the contract had been as well as the Vice President for Fi- firm in Placidville, in the central part of awarded directly to Shreud on a time- nance, to whom the University Architect the state. Placidville is a small city with and-materials basis to avoid the expense reports. You have also known Fred Fa- a population of 83,576, based on a 1996 to the university of preparing extensive cade on a casual basis for more than 18 census. It also is the location of the bid documents and going through a years. state’s largest university (about 23,000 competitive selection process. He said it What, if anything, do you do? students). Due to the business and rec- was interesting that the garage construc- reational opportunities in the state, the tion for Vandergrafft was going on at the Solutions Proposed with the Case population has been steadily increasing same time as the remedial work on the History over the past 15 years, and an aggres- stadium. sive building program was initiated at In fact, Ted said, he had learned a few 1. Do nothing. You do not know that the university five years ago to construct years ago that his own firm had previ- there is anything illegal or under- and equip approximately 16 new class- ously been involved in a similar situa- handed going on based on what you room and laboratory buildings over the tion when they were the contractor for have heard so far. Just because following 20 years. a new engineering test facility at the Ted Hammer’s firm participated in 2 / JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE / JANUARY 1999 Forum the construction of Vandergrafft’s the labor and/or materials. It may be tives in the form of labor and ma- kitchen a number of years ago, that Shreud has a contract with Van- terials for the Vandergrafft garage. things have changed in the industry dergrafft to build the garage, and Indicate that you are concerned be- and it is highly unlikely anyone Gus Olson, not being part of the cause you have contributed to the would do that kind of thing in this Shreud management group, may be university’s fund-raising campaigns day and age. assuming things that are unwar- on a regular basis for years and do ranted or unsubstantiated. not like to see the money spent on Percentage of votes agreeing: 1% personal projects for selected fac- Percentage of votes agreeing: 33% ulty or members of the university’s 2. Leave it alone. This sounds like a administration. case of sour grapes on the part of 6. Arrange with Ted Hammer to have Gus Olson for having been put on one of his people ask around the lo- Percentage of votes agreeing: 16% such a small project while the really cal carpenters, teamsters, and labor interesting remedial work on the union halls to gather as much in- 10. Arrange for lunch with the univer- stadium is being carried out by oth- formation as possible about Shreud sity president to discuss what you ers in Shreud Contractors. Also, Ted doing both the stadium project and have heard, and to express your Hammer is not about to say any- Vandergrafft’s garage at the same concerns about what appears to be thing supportive of Shreud Contrac- time so that you and Ted can put a kickback incentives in the form of tors anyway, since Shreud got the coherent case together before talk- labor and materials for the Vander- stadium remedial repairs project ing with anyone else. grafft garage. Indicate that you are handed to them directly without concerned because you have con- bidding. After all, Quality Con- Percentage of votes agreeing: 6% tributed to the university’s fund struction and Shreud Contractors raising campaigns on a regular basis are competing contractors in the 7. Make some discreet inquiries for years and feel that your firm has same town and often go after the around town, particularly among not been getting their fair share of same construction projects. lumber supplies, to see if either the architectural design work at the Vandergrafft or Shreud Contractors university. Percentage of votes agreeing: 1% has recently purchased lumber and had it delivered to the Vandergrafft Percentage of votes agreeing: 1% 3. Do nothing. It is commonly recog- home. nized that this sort of thing goes on 11. Arrange for lunch with the univer- all the time, and making an issue Percentage of votes agreeing: 5% sity president to discuss what you about it is not going to put you in have heard, and to express your a positive position for more archi- 8. Arrange for a quiet lunch away concerns about what appears to be tectural design work with the uni- from the campus with the Vice kickback incentives in the form of versity. President for Finance at the univer- labor and materials for the Vander- sity to discuss what you have heard, grafft garage. Indicate that you are Percentage of votes agreeing: 2% and to express your concerns about concerned because you have con- what appears to be kickback incen- tributed to the university’s fund 4. You are outraged! Call Vandergrafft tives in the form of labor and ma- raising campaigns on a regular basis at his house and tell what you have terials for the Vandergrafft garage. for years and do not like to see the heard. Also tell him that if you ever Indicate that you are concerned be- money spent on personal projects hear of his doing such a thing again, cause you have contributed to the for selected faculty or members of you’ll raise such a stink that he will university’s fund-raising campaigns the university’s administration. be forced to resign from his posi- on a regular basis for years and feel tion as a project manager with the that your firm has not been getting Percentage of votes agreeing: 12% Capital Construction Projects Office their fair share of the architectural at the university and will have dif- design work at the university. 12. Fred Facade is a fellow professional ficulty finding another job within and respected in the community. He 2,000 miles, if then. Percentage of votes agreeing: 1% undoubtedly has not realized the appearance he has created, nor the Percentage of votes agreeing: 0% 9. Arrange for a quiet lunch away harm it could do to him personally from the campus with the Vice and professionally. You owe him 5. Do nothing until you get verifica- President for Finance at the univer- the courtesy of letting him know tion from someone else that Shreud sity to discuss what you have heard, that you know, and giving him time Contractors is working on Vander- and to express your concerns about to clean up his act. Take Fred to grafft’s garage without charging for what appears to be kickback incen- lunch and have a heart-to-heart JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE / JANUARY 1999 / 3 Forum chat. Let him know that it is wrong with opinions differing in some regard tempting to gather more facts about to accept kickbacks and suggest he to the proposed alternatives. They are the case ran too high a risk of un- find a quiet way of terminating his not necessarily indicative of the opin- fairly harming the reputation of the relationship with the contractors. ions of this program, its supporters, the individual in question. This seemed program’s board of review, or the pro- to represent the mainstream ethical Percentage of votes agreeing: 18% fessional organizations associated with thinking in this particular group of 13. You have absolutely no respect for the program. colleagues. In this case, however, I Fred Facade. He has tarnished the 1. Get the facts. Cocktail party trials do not think that it would be ethical stature of architects in the commu- and convictions are often reversed to ignore the allegations. nity and deserves severe sanctions. by a higher court. 8. You are obligated to make your You vow to collect as much incrim- 2. Substantiate the rumors, then notify questions known, without making inating evidence as you can over those who have the authority to per- accusations and without raising the the next couple of weeks, then send form a criminal investigation of topic of your previous donations. it off to the state Board of Registra- your suspicions. Find the lowest-ranking person in tion for Architects, as well as the 3. Suggest to Ted’s wife that she find the university hierarchy who is suf- American Institute of Architects, out what means is necessary for the ficiently independent, and simply and accuse Fred of unethical prac- city to justify an investigation of the tell that person what you have heard tices. You will also demand that his business being carried out by the and observed. Make no more direct license be suspended pending a full university. If the facts are sufficient, accusations, but suggest that the is- and thorough investigation. let the city investigate. sue needs to be explored. To ignore 4. Remember the source of the infor- this is to shirk your responsibility Percentage of votes agreeing: 1% mation. Ted is a competing contrac- as a citizen; to get further involved tor and likely is carrying some hard or to try to use undue influence is 14. You know that the administration at feelings about losing a big contract. meddling. the university would probably not Alice is an activist who is looking 9. Invite both the university president admit the situation, especially if it for this sort of thing, so she may be and vice president of finance to a is a case of kickbacks and doing jumping to conclusions because it quiet lunch. During this lunch ex- work under the table for selected supports her cause. Either one plain the rumors that have been university personnel without pay- should not be enlisted to further re- heard and that the individuals may ment from these individuals. There- search the issue. Make inquiries (or may not) have good intentions, fore, you should call the local yourself or through others who are but that the outward appearance is newspaper publisher and confiden- detached from the situation. If in- very bad. It is up to the university tially transmit the information you dependent research indicates some- to address this issue as it sees ap- obtained last weekend at your cot- thing is going on, report it to the propriate. I would not discuss my tage about Shreud Contractors, president of the university. contributions to the university fund without giving the names of your 5. I have a hard time believing kick- nor that I also pursue work at the sources, but indicating that these in- backs are legal, so another alterna- university (these are not relevant to dividuals are ‘‘usually reliable tive, which might actually be more the situation). I would request that sources of information.’’ ethical than giving the university a one of the two get back to me to let Percentage of votes agreeing: 1% chance to cover things up, might be me know what they had found. to report the allegations to legal au- 10. The appropriate line of action is to 15. Write a letter to the local newspaper thorities, and let them decide about report what you have heard to either for publication on the ‘‘Letters to investigating. the Campus Ethics Committee in the Editor’’ page recounting the in- 6. Staying anonymous will allow me written form, or to the President’s formation you received last week- to separate business from friend- office in written form, or both. A end (but not naming your sources), ship. Fred Facade may be a friend copy of the material should be re- and registering a heartfelt concern of mine, but his practice is keeping tained for future reference. It’s not about the way the university shows food off of my table. I’d rather not the job of the person reporting al- favoritism and does business in the go to the president or vice president leged incidents to investigate/judi- local community, at the expense of because they could be getting the ciate [sic] cases. the fund donors and taxpayers. same kickback and it’s just not as 11. A confidential complaint to the state well known. architectural licensing board should Percentage of votes agreeing: 2% 7. In a vaguely similar case, several of be enough to start an investigation. Comments my colleagues simply refused to act If there is impropriety, it will be The following comments synopsize on allegations of misbehavior with- clearly shown. The individuals in- the views of individuals responding out ‘‘proof.’’ They also felt that at- volved deserve to be investigated as 4 / JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE / JANUARY 1999 Forum there is an obligation to avoid the began to learn that much of the bunk tion credit for professional registration appearance of impropriety. that the seniors sprouted forth wasn’t seems related to this, but it seems un- 12. Do nothing. As they do here in Cal- such bunk after all. I began to under- focused so far, and possibly of more ifornia, he (Fred Facade) will be stand the bigger picture. In any en- benefit to a bureaucracy than to practic- blessed with praise and promotion deavor where human beings are in- ing engineers. and probably get assigned a teach- volved, there is imperfection. Civil I suppose it’s impossible to know ing position with buffered tenure. engineers in particular butt up against everything about everything (which is 13. I’m not sure what to think about all sorts of conflicting motivations. In what I really want). The trick, then, is your use of names for parties in the any one project, the goal is not the ‘‘op- to be able to find the right balance be- case that give clues about the be- timal’’ solution of one constraint, but a tween the details and the bigger havior of the parties. For example solution which satisfies many different picture—to be able to live in the forest, Vandergrafft, Facade and Shreud constraints. Sometimes the constraints and appreciate the trees. are clearly guilty! I think I might aren’t easy to quantify by numbers. BRIAN BRENNER prefer to have neutral names As the old saying goes, ‘‘He couldn’t (Smith, Jones, Acme) and make my see the forest for the trees.’’ Or perhaps, own mind up about their behavior. taking into account the progression of Engineers of the Future: In my experience you cannot judge time, ‘‘He couldn’t see any of the trees PEs or PhDs—Bidders the ethics of someone’s actions in the forest.’’ Considering my career or Proposers from their name! path as a practicing engineer, it got me Ronald E. Bucknam, Director thinking: Is it possible to live in the for- FROM NATIONAL HEROES TO Professional Engineering Practice est and still appreciate the trees? UNDERPAID TECHNICIANS Liaison Program In terms of engineering information 168 Wilcox Hall and responsibilities, the forest is getting Engineering was in the not-too- University of Washington a whole lot bigger, and the trees are distant past among the most highly Box 352700 more dense. For example, what was regarded professions in this country. Seattle, WA 98195-2700 once a relatively simple seismic struc- Herbert Hoover called it ‘‘a great pro- tural code has gotten progressively more fession.’’ George Goethals, a renowned complicated. You used to be able to do engineer, was summoned to meet the The Forest and the Trees things like pseudostatic loading and cal- challenges that arose in building and op- When I was a younger engineer, I culation of simple base shears. Not any erating the Panama Canal. The Brook- lived among the trees. As a bridge de- more. With each new earthquake, we lyn Bridge was built and run by Wash- signer, I was familiar with all the details learn new information about how struc- ington Roebling, another world-famous of AASHTO, ACI, AREA, and other tures behave. This trend of increasing engineer. Chief Engineer Grenville codes. My structural analyses were information is true for every engineer- Dodge was called upon to solve the Un- good, my details were detailed. At this ing discipline. To use the forest analogy, ion Pacific Railroad’s problems in 1864. time, the computer revolution was start- more trees sprout, and the canopy thick- Today, with the status of our engineers ing to sweep through the civil engineer- ens. rapidly eroding to the point where they ing world. I rode on the crest of the I think that our engineering education are in danger of becoming little more waves. I was up-to-speed in the latest system can do a better job to assist more than underpaid technicians, much needs nuts and bolts of all the programs. I senior engineers in understanding the to be done to protect this ‘‘great profes- could make spreadsheets sing, with au- details. There is an expectation that en- sion.’’ It’s not too late to turn the situ- tomated macros that did all the analysis gineering students and young engineers ation around as long as educators and and design, well, automatically. participate in all classes focusing on an- engineers are willing to grapple with the I was told by my seniors that engi- alytical skills and the details (the trees). following challenges. neering is not just a science but an art. Older engineers are expected to master CHALLENGE #1: OVERHAUL THE They said that not everything was a pre- ‘‘the bigger picture’’ (the forest). Clas- EDUCATIONAL SYSTEM cise, quantifiable, analytical problem. ses for them focus on management, hu- There were nuances, shades of gray in man resources, etc. I wish there were The first challenge is addressed to every situation. There was more than more classes like ‘‘Intensive Bridge those who control the education of our one way to solve each problem. But of Analysis for Managing Engineers Who nation’s future engineers, particularly course, I was convinced that the seniors Don’t Need to Know How to Do It, but the professors and heads of our colleges were wrong. They couldn’t see the trees, It Would Be Nice If They Did.’’ With and universities. We need to offer pro- but I could, living next to them each such classes needs to come an expecta- grams that provide engineering students working day. tion that this is the type of thing senior with more than just technical knowl- As I got older, I started to move away engineers should participate in. The edge: it is equally important to endow from the trees and live in the forest. I movement towards continuing educa- them with other practical skills needed JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE / JANUARY 1999 / 5 Forum in today’s workplace, such as written ative work study programs need to be united engineering association that and verbal communication, ‘‘people,’’ expanded. represents all professional engineers, and business skills. If you’ve ever at- Encourage engineering practitioners we remain divided and lack political tended public meetings, you’ve proba- to teach. Today, a PhD is generally re- clout. A current effort to model the bly witnessed this scene: an engineer garded as a prerequisite for becoming success of the American Association gets up and gives a technically correct, an engineering professor. For exam- of Retired Persons by the American but somewhat dry, presentation, and is ple: a review of the February issue of Engineering Alliance needs to be en- then upstaged by a lawyer, who sways the American Society for Engineering couraged. the audience with more persuasive rhet- Education Prism showed that of 32 Develop and promote a code of ethics. oric. Engineers need to be able to think faculty positions listed, 24 stated a Along these same lines, doctors and on their feet and come away looking PhD was mandatory. This prevents lawyers don’t make a practice of bid- just as polished and capable as a lawyer most engineering practitioners from ding against each other or suing each or any other professional. becoming professors, further alienat- other, as engineers and architects reg- To this end, the following are some ing engineering students from practi- ularly do today. Once a united engi- suggestions for our educational institu- cal workplace issues and problem- neering association is in place, a code tions: solving skills. The PhD requirement of professional ethics should be pro- Incorporate more communication and should be eliminated, allowing work moted, which will lead to our working business courses into the engineering experience to substitute for graduate- together instead of against each other. curriculum. This should be accom- level education, in order to round out So, instead of suing each other, we plished not by adding credits or years engineering faculties. might sue the government agencies to to existing programs, but by eliminat- eliminate the bidding wars and return CHALLENGE #2: ENGINEERS, to qualification-based selection of en- ing some of the currently required UNITE! GET INVOLVED! technical courses to make room gineers. Legal efforts may be needed for the added communication/business The second challenge is addressed to to overcome roadblocks to this. courses. For example, mathematics this nation’s professional engineers. It is Get politically involved. Dwight Ei- requirements such as calculus might a call for engineers to start acting like a senhower once said, ‘‘Politics should profession, to work together, to get in- be the part-time profession of every be reduced or even eliminated. (This volved. Unfortunately, too many of us citizen.’’ Yet few engineers are in- may come as a shock to educators, prefer to work by ourselves, in a corner, volved in public affairs. By becoming who tend to concentrate on the needs solving problems, and don’t want to politically active, engineers will help of research engineers instead of those step in and get involved. We tend to say, empower the profession and, as a side of the overwhelming majority, who ‘‘It’s somebody else’s job. That’s not benefit, will also upgrade their ability don’t pursue careers in research.) Per- something I’m supposed to do.’’ This to communicate and deal with the haps engineering schools can study must stop, because so much needs to be public. This political involvement can and borrow from law school curricula done in order to safeguard and promote range from the local level, such as in establishing revised engineering the goals and status of our profession. participation on community planning programs with a greater emphasis on Here are a few proposed initiatives in boards, to much larger arenas, includ- nontechnical, real-world skills. which all engineers should play a part: ing service in elected offices. In Con- Provide more ‘‘hands-on’’ learning Form a united engineering associa- gress today, there are only four engi- situations. We need to break the tion. A crucial difference between en- neers out of a total of 535 seats. Of current mold of university textbook gineering and some of the more the 5,000 positions in state legisla- teaching. An excellent model for this prominent professions, such as medi- tures, only 13 are held by engineers. has been provided by the Air Force cine and law, is that engineers lack Engineers should look towards this Academy’s Field Engineering and one united professional organization. politically active minority for their Readiness Laboratory. Sophomore en- Doctors have the American Medical role models. For example, there is gineering students at the Air Force Association, and lawyers have the Bar Bob Beel, a civil engineer and assem- Academy are sent to a field labora- Association. Engineers have a frag- blyman from Anchorage, Alaska, who tory, where they spend six weeks ac- mented array of associations: the successfully campaigned under the tually building things: a septic tank, a American Society of Civil Engineers, slogan, ‘‘Lawyers are trained to keep bridge, a building. In the process, American Society of Mechanical En- things from happening; engineers are these students learn communication gineers, American Society of Engi- trained to make things happen.’’ In skills, teamwork, problem solving, neering Educators, Society of Ameri- Curitiba, Brazil, an architect was and what works and doesn’t work— can Military Engineers, American named mayor. His 92% popularity not just in theory, but in actual prac- Consulting Engineers Council, Na- rate has been attributed to the fact that tice. Other programs such as Manhat- tional Society of Professional Engi- architects are used to solving prob- tan College’s ‘‘office’’ lab or cooper- neers, and so on. Without one strong lems. In Guam, civil engineer Thomas 6 / JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE / JANUARY 1999 Forum Ada is a lieutenant colonel in the and to develop curricula that will bet- tionably worthwhile: elevating and safe- Army Reserves, as well as the head of ter prepare engineering students for guarding the status of engineering as a the Water and Sewer Committee for the workplace. Engineering firms can true profession, worthy of respect and the Guam Senate. Closer to home, do this by taking part in the ‘‘Adopt fair compensation, and perpetuating the there is Frank Padavan, the only en- a School’’ program of the Water En- profession well into the next century by gineer in the New York state legisla- vironment Federation to begin edu- drawing talented young people into the ture, who recently received the ‘‘Dis- cating young people, at the junior fold and ensuring that their education tinguished Engineer in Legislative high school level, about what engi- prepares them for new and even greater Government Service’’ award from the neers do and hopefully plant seeds of challenges. New York Association of Consulting interest in the minds of some future Note: This paper is based on remarks Engineers. He also happens to be a engineers. Firms should also encour- by the writer presented at the New York retired colonel in the Army Reserves. age their employees to participate Water Environment Association, Met- Get involved in education. Practicing with the Accreditation Board for En- ropolitan Chapter Dinner Meeting, No- engineers shouldn’t leave the prob- gineering and Technology (ABET) in vember 14, 1995, and the Concrete In- lems in engineering education to en- its visits to universities to evaluate dustry Board Dinner Meeting, gineering educators alone. There is curricula. September 26, 1996. much that engineers can do in this re- ROBERT E. ADAMSKI, P.E. gard. Become a mentor to an engi- CONCLUSIONS Deputy Commissioner neering student. Petition the Accredi- Bureau of Wastewater Pollution tation Board of Engineering and The challenges described above are Control Technology to eliminate the PhD re- formidable, but not insurmountable. The New York City Department of quirement for engineering professors, benefits make these challenges unques- Environmental Protection JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE / JANUARY 1999 / 7