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WSPE eNews
A monthly publication from the Wisconsin Society of Professional
Engineers
November 1, 2006 Edition
1. |
WSPE's President Corner |
As we head into the middle of fall, Halloween has come and gone,
and November elections are upon us. Although not a presidential election
year, elections in Wisconsin are exciting. The governorship on the line,
control of the legislature in Washington in the balance, the importance of
the WI election is clear from the continual sighting of former presidents
and other high profile politicians in the state. And to top it off,
constitutional amendments don't come along every year.
The WSPE mission calls for promoting the engineering profession and
enhancing the well being of our members - licensed professional engineers.
Keeping abreast of legislative activities and educating our representatives
regarding the technical field of engineering so they can make informed
decisions on issues that effect us is important to our livelihood and
important to our nation. This requires our collective effort through WSPE
as an organization as well as on each of us individually.
It takes effort to learn about candidates and issues so we can make an
informed decision. In our busy lives, this effort can get put aside until
something very important slips by. And then we react, possibly too late.
One tool our organization provides to make learning about our candidates
and engineering issues easier is the NSPE Legislative Action Center on our
national website www.nspe.com.
It has alerts and updates on engineering legislation, scorecards on how your
representatives voted on recent engineering issues, details about who to
contact and how, and much more. I encourage you to visit this site prior to
the election and periodically to keep up on the legislative activity.
WSPE also has a state legislative committee and is associated with a group
of technical organizations to monitor and participate in state legislative
activities. There are practice of engineering and licensure issues in the
state right now to be addressed. We need some members to participate on our
legislative committee.
As citizens we know about our duty to be involved in our government and to
vote. As members of the licensed engineering community, we need to watch out
for our profession, which means participating in our society of professional
engineers.
Happy Thanksgiving,
Robb Peebles
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2. |
Welcome New WSPE Members! |
| The WSPE board of directors would like to
extend a heart-felt welcome to the following new WSPE members:
SW Chapter:
Philip I. Van Styn, P.E., Pearson Engineering LLP
John C. Kustka, P.E., Kustka & Associates Engineering
LLC
Greater Milwaukee Chapter:
Ravindra Keshavrao Talwalker, P.E., Key Engineering Group,
Ltd
Anthony J. Luciano, P.E., AG Architecture
Jakob R. Drucker, P.E., IL Water Technologies
New members contribute to the growth, strength, and leadership
of the WSPE in enhancing its recognition as a leading voice
for Professional Engineers throughout Wisconsin and promoting
excellence in engineering.
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3. |
Governor's New Product Awards |
| You are invited to enter WSPE's 2007 Governor's New Product Awards (GNPA) competition.
The official call for entries is now available (Direct link to call on Web site) and on our state website
(www.wspe.org). Entries are due February 12, 2007 and the GNPA awards
ceremony and banquet is Thursday evening, April 19, 2007, at the Sheraton Milwaukee Brookfield, Brookfield, WI.
YOUR NEW PRODUCT DESERVES AN AWARD
Please contact me if you have any questions or referrals.
Dale R. Swenson, P.E.
WSPE 2007 GNPA Chair
414-343-8452 wk ph
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4. |
2007 Discovery Conference Update |
| The Waukesha Chapter will be hosting the 2007 Discovery Conference (DC)
on Thursday, April 19, 2007 at the Brookfield Sheraton. The DC will be held during the
day with the Governor's New Product Award (GNPA) presentation to take place that evening. This
revised schedule is designed to allow attendees to take part in each event, as each is an
important event for our society. Please set aside this date, as the DC committee is now
putting together a program that is focused on the development of our existing and future engineers.
Look for additional information in the coming months!
Chris M. Stamborski, P.E.
Waukesha Chapter President, DC Committee Member
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5. |
Board of Engineers Professional Responsibility
(BEPR) Case Study |
| BEPR Case Study
October 2, 2006
The Situation:
A highly placed appointed official of a State Department
of Transportation is building a new house and hosts a backyard
barbeque to showcase his barbeque cooking, his new residence
and to also raise donations for his boss' re-election campaign
fund (State Governor). He sends invitations through his personal
and private e-mail account to a group of his acquaintances
that are involved in the design and construction of state
highway facilities. Included in this group were engineers,
some of which are Registered Professional Engineers and members
of NSPE. Because landscape construction was not complete at
the official's residence, the event was held at another nearby
residence. The residence owner was not a state employee.
Persons attending the BBQ were allegedly asked to and/or
did make monetary contributions to the Governors' campaign.
The event was reported by local and state media who had previously
published stories alleging linkages to the award of certain
major state contracts to subsequent campaign contributions
to the Governor. Following the media reports, the State Ethics
Board initiated an investigation to determine if the DOT official
hosting the BBQ had violated the State Ethics Code. The State
Ethics Board found no evidence that any state resources were
used to organize the fund raiser, nor did they find any evidence
that any promise was made to give or withhold influence in
any matter before the DOT dependent upon whether or not any
attendee made or did not make a contribution.
The Issue:
Did the PE's attending the event commit professional misconduct
by attending this event and/or making a political campaign
contribution?
Discussion:
With the ever increasing cost of conducting a campaign seeking
election to political office in our democratic society, it
has become an accepted practice for candidates and/or their
supporters to conduct a great variety of fund raising activities
in order to contact potential campaign contributors.
During the 19th , 20th and 21st
centuries, campaigns for election to local, state and federal
office have taken advantage of newer and more expensive technologies
available to deliver the various candidates messages to the
voters. As a consequence, campaigns for election to office
have required ever greater financial resources.
In order to provide control over the acquisition of campaign
funds and to prevent inappropriate methods of collection,
Federal and State governments have enacted laws, policies
and/or regulations with respect to the persons contributing
funds and the amount of money allowed to be donated to a candidate.
At the Federal level, the Hatch Act Reform Act amendments
of 1993 and 5 CFR part 734, address how Federal Employees
may or may not participate in Partisan Activities.
In this particular situation, BEPR is concerned as to the
applicability of the NSPE Code of Ethics. NSPE Code of Ethics
Section II.5.b states:
“b. Engineers shall not offer, give, solicit
or receive, either directly or indirectly, any contribution
to influence the award of a contract by public authority,
or which may be reasonably construed by the public as having
the effect of intent to influencing the awarding of a contract.
They shall not offer any gift or other valuable consideration
in order to secure work. They shall not pay a commission,
percentage, or brokerage fee in order to secure work, except
to a bona fide employee or bona fide established commercial
or marketing agencies retained by them .”
BEPR sought guidance from NSPE relative to the Code of Ethics.
NSPE Professional Policy 146 - Political Contributions, states
as follows:
“It is the policy of the National Society of
Professional Engineers (NSPE) to encourage all engineers to
support political candidates who have demonstrated through
their activities a commitment to ethical professional practices.
NSPE cautions, however, that consistent with
its Code of Ethics, NSPE believes that it is unprofessional
for engineers, either on their own behalf or on behalf of
their firm or employer, to make political contributions either
in the form of cash or services in a manner intended to influence
the award and administration of contracts involving a public
authority, or which may have the appearance of influencing
the award and administration of contracts involving a public
authority.
Therefore, consistent with its values, goals
and Code of Ethics, NSPE
1. Encourages, endorses, and supports the enactment
of public disclosure laws, which identify political contributions
to federal, state and local candidates.
2. Endorses the enactment of laws and rules,
administered by state ethics and election commissions and
professional and trade licensing boards, which are intended
to assist candidates for public office and professionals in
avoiding ethical and legal conflicts relating to political
contributions.
3. Endorses the establishment of state ethics
and election commissions to monitor these laws in those states
where such commissions do not currently exist, and advocates
that state ethics and election commissions and licensing boards
for all professions and trades be empowered to establish rules
and limits for contributions. NSPE, furthermore, endorses
that these boards and commissions be empowered to establish
penalties and to take appropriate enforcement action against
parties, which fail to follow the requirements of the laws
and rules.”
In addition,
BEPR researched this matter as follows:
- Reviewed media articles appearing in the local press.
- Provided the Deputy Executive Director and General Counsel
of NSPE with media articles and sought National's opinion
as noted above.
- Reviewed the Findings of Facts and conclusions of the
State Ethics Board.
- Conducted informal interviews of several members of NSPE
attending the event.
- Reviewed the NSPE Code of Ethics.
Findings:
-
Any Engineer has the right to contribute to a political
campaign consistent with NSPE's goals, values and Code
of Ethics.
-
Members of BEPR interviewed those WSPE-member engineers
who attended the fundraiser and finds that those engineers
were not intending to influence the award of any contract
with them or their firm by attending the event or making
a contribution to the fundraiser. The attending engineers
believed the State official hosting the event was not
in a position to affect the award of a contract to them
or their firm. BEPR believes there is no evidence to conclude
any professional misconduct by WSPE-member engineers in
attendance at the BBQ fundraiser.
-
BEPR does find, however, that participation in this particular
event in combination with the subsequent media coverage
, has likely resulted in a perception by the general public
of impropriety. Perceptions whether based on fact or fiction
are none-the-less real. In this case, had the event been
hosted by someone other than a state official or state
employee, there likely would have been no adverse media
coverage and no general public perception of an impropriety.
- Political fundraising events are common occurrences and
present opportunities for engineers to support political
candidates.
a. Fundraising events which are initiated and
sponsored by organized professional groups and to which
all members are invited are considered an ethical event
for engineers to attend.
b. Fundraising events which are initiated by
local, State and Federal employees should not be sponsored
by or contributions made by any professional person with
ethical standards and codes to be complied with, and who
might benefit by a contract for financial gain now or
in the future, because the public will likely believe
it has the effect of influencing the award of a contract.
-
BEPR believes that legislation similar to the Federal
Hatch Act, should be introduced and adopted at the state
level.
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6. |
Put the Brakes on Fatalities Day Update |
| Wisconsin Governor Jim Doyle issued a proclamation
declaring October 10th, 2006 "Put the Brakes on Fatalities
Day®". Put the Brakes on Fatalities Day is a national
program founded by NSPE with the goal to heighten consciousness
about what people can do - and what official steps they should
support - to reduce transportation fatalities. WSPE and other
state societies of NSPE have supported and promoted this program
since it's inception six years ago by a NSPE member.
We are happy to report that per the Wisconsin Department of
Transportation, Wisconsin was transportation Death Free on
Tuesday, October, 10, 2006! Congratulations to all!
This years theme for the nationwide program was “How
many LIVES have you SAVED Today?”. Because every LIFE
is precious... Drive as if Your LIFE Depends On It! Help spread
the word. Visit www.brakesonfatalities.org
for more information.
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7. |
University of Wisconsin-Madison Engineering
Executive Forum 2006 |
| November 30 - December 1, 2006
“Engineering Sustainability in the Global Enterprise” is
the focus of the University of Wisconsin-Madison Engineering
Executive Forum 2006. Expected to draw more than 100 engineering
executive and managers from across the country, Forum 2006
will examine critical challenges to business from global warming,
peaking oil production and global water shortages. The presentations
will enable attendees to
- Understand the science behind the headlines
- Put new developments in context
- Evaluate the business impact of sustainability
- Look ahead- past current pump prices, headlines and buzzwords
The presentation will also examine engineering design alternatives
and other measures that businesses can implement to manage
and prosper from these challenges. Persons interested in attending
can inquire or enroll toll free 800-462-0876 or http://epd.engr.wisc.edu/webH875.
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