Whistleblowing City Engineer
Mario, the City Engineer/Director of Public Works for a
medium-sized city, is the only licensed professional engineer
in a position of responsibility within the city government.
This city has several large food-processing plants that
discharge large amounts of waste into the sanitary system
during canning season. Mario is responsible for the disposal
plant and reports to James about its operation.
Mario tells James that the plant is not capable of handling
potential overflow during the rainy season and offers several
possible solutions. James replies that they will face the
problem when it happens.
Mario privately notifies other city officials about the
plant problem, but James removes the responsibility for the
sanitation system from Mario and gives it to Chris, a
technician who is normally under Mario's supervision. James
instructs Chris to report directly to him and confirms this
arrangement with a memo, which is copied to Mario. Mario is
also placed on probation. He is warned that if he discusses the
matter further, he will be terminated.
Mario continues to work for the government as City
Engineer/Director of Public Works; he assumes no responsibility
for the disposal plant, but continues to advise Chris without
James's knowledge. During the winter, heavy storms occur in the
city. It becomes clear to those involved that if the plant's
waste water is not released into the local river, the ponds
will overflow and dump all of the waste into the river. Under
state law, this condition must be reported to the State Water
Pollution Control Authority.
How would you respond to this situation? How do you assess
Mario's actions? What about James's actions? What about Chris?
What are Mario's obligations to either James or
the Public Works Department? What are Mario's responsibilities for the
environmental health of city residents? How might these
responsibilities be fulfilled simultaneously? Which takes
precedence in case of conflict? What additional information
would you like to have, and what difference would it make to
your assessment?
--adapted from NSPE Case No. 88-6
1996 NSPE Code of Ethics
This is the version of the code archived in the OEC. An earlier
version may have been used in this case.
Original Case and BER Judgement