Boundary Between Professional Engineering Society and State Licensing Board
I
The New Wyoming State Board of Professional Engineers
performs regulatory functions (e.g., licensing of engineers)
for the state. Members of the Board are appointed by the state
governor. Most of the Board members are also members of the New
Wyoming Society of Professional Engineers (NWSPE), a voluntary
umbrella organization of professional engineers in New Wyoming.
Membership in NWSPE is controlled by its own board and is not
subject to approval by the State Board.
NWSPE holds annual meetings at pleasant resort area in New
Wyoming. This year the NWSPE meeting will begin the day after
one of the State Board meetings. Since they share many common
concerns about the engineering profession, the Executive
Committee of NWSPE has recently expressed a strong interest in
improving communication between NWSPE and the State Board.
Ordinarily the State Board meets in the State Capitol Building.
Because the NWSPE annual meeting and the State Board meeting
will occur so close together--and most of the Board members
will be attending the NWSPE meeting anyway--the NWSPE Executive
Committee extends an invitation to the State Board to hold its
meeting at the resort area. The Board is invited to stay on for
the NWSPE meeting, and an NWSPE session is planned for the
Board to conduct a roundtable discussion of State Board
activities and concerns. NWSPE offers to pay the travel and
lodging expenses of State Board members.
Should the State Board accept the invitation?
- Yes, the Board should accept the invitation.
[Comment.]
- No, the Board should not accept the invitation.
[Comment.]
II
The State Board accepts the invitation, agreeing that this
would be a good opportunity to improve communication with
NWSPE. Several days later Brian Simpson begins to have second
thoughts. A new appointee to the Board, and the only Board
member who does not belong to NWSPE, Brian wonders if the Board
has set itself up for a conflict of interest situation.
Although he knows of no instances in which the Board has
directly ruled on any NWSPE activities, it occurs to him that
NWSPE and its members come within the purview of the Board's
regulatory functions. Finally, Brian writes to Harold Brock,
Chair of the State Board:
Dear Mr. Brock:
I have some serious reservations regarding our acceptance of
the hospitality offered by NWSPE to hold our August meeting at
the Lakeshore Resort. While I agree about the desirability for
communication between the Board and NWSPE, it is inappropriate
for us as a regulatory body to accept anything of substantial
value from the organization representing those whose profession
we regulate. Acceptance of hospitality in the form of lodging
and meals creates the appearance of a conflict of interest.
Therefore, it is my intention to pay any expenses not otherwise
covered by the State of New Wyoming.
Sincerely,
Brian Simpson, P.E.
Before sending the letter, Brian shows it to you. He
discusses his concerns with you and asks your advice about the
letter.
You advise:
- Send the letter as is.
- Send the letter, but with the following revisions.
[Explain.]
- Don't send the letter. Just drop the matter.
[Explain.]
- Other.
III
Brian sends the letter as is. When Harold Brock receives the
letter, he must decide what to do next. Should he:
- Share the letter with other Board members, inviting each
to decide for himself or herself whether to follow Brian's
example.
- Call a special Board meeting to discuss the matter.
- Decide, on behalf of the Board, to withdraw acceptance of
the hospitality.
- Other.
IV
Harold sends the letter to the other Board members, inviting
them to decide for themselves whether to follow Brian's
example. One other member, Ellen Price, agrees with Brian and
indicates that she, too, will pay her own expenses. None of the
others, including Harold Brock, think the issue raised by Brian
warrants refusal of the hospitality. Should Brian and Ellen do
anything further, or should they simply quietly continue their
rejection of the offer of hospitality?
- They should simply quietly continue their rejection of
the offer.
- Other.
V
Brian and Ellen do not press the issue further but continue
to insist that they will pay their own expenses. During the
panel discussion at the NWSPE meeting an engineer in the
audience asks: "It seems like everyone is talking about ethics
these days. What kinds of ethical questions does your Board
have to deal with?" Should either Brian or Ellen mention their
concerns about a conflict of interest?
VI
Brian and Ellen do not press the issue further but continue
to insist that they will pay their own expenses. While the
annual NWSPE meeting is taking place, a resort area reporter
learns (not through Brian or Ellen) that NWSPE is hosting the
State Board. Like Brian and Ellen, the reporter thinks this
might create a conflict of interest. She attempts to interview
members of the Board about how they see the situation. She
approaches Brian and Ellen. What should they say?