After serving the County for many years as evaluator of the engineering aspects of County zoning petitions, Svensen, an engineer, retires and opens a consulting office to engage in similar kinds of work for private clients. Svensen is then retained by a development company petitioning the County board for a zoning variance. He is to testify about the technical feasibility of a major water system and its environmental impact on adjacent communities.
While still in public service, Svensen made preliminary technical evaluations regarding this petition. Citizens' groups opposing the granting of the variance have formally objected to the development company's use of Svensen as an expert witness in support of the petition.
Does Svensen have a conflict of interest? How important is it that Svensen made a preliminary evaluation of this petition while still working for the County? Is there additional information that would change your judgment of the situation?
--adapted from NSPE Case No. 78-10
NSPE Code of Ethics An earlier version may have been used in this case.
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