NSPE Code of Ethics Case Study (CONFLICT OF INTEREST – CONSULTANT SERVING AS CITY ENGINEER)
Facts: Engineer A is the president of WXY Engineers, an engineering firm. For many years, WXY has provided services directly to City H (a small city), and WXY currently has three contracts directly with the city for separate projects with City H. Engineer B, the full-time city engineer, has resigned from his position with City H. City H officials are currently considering whether to replace Engineer B with another full-time city engineer or, as a cost cutting and efficiency measure, to hire a consultant (such as WXY Engineers) as the city engineer to perform general consulting services and be under contract to provide specific design services on individual city projects. One city official has raised a concern that because WXY is under contract with City H, having WXY serve as city engineer would constitute a conflict of interest. WXY does not perform any private work for developers or other private parties within City H and, therefore, if it were designated city engineer for City H, WXY would not be reviewing the work it performed for private clients. Question: Would it be ethical for Engineer A’s firm, WXY Engineers, to serve as city engineer for City H, perform general consulting services, and be under contract to provide specific design services on individual city projects?