The Fact Chronology of Case # 63-6

Fact Time Qualifier
1. Engineer A <reviews and analyzes> Water Supply, Flood Control, & Production of Electric Power. Pre-existing fact
2. Engineer B <reviews and analyzes> Water Supply, Flood Control, & Production of Electric Power. Pre-existing fact
3. The State Legislature <calls a hearing regarding> Water Supply, Flood Control, & Production of Electric Power. Pre-existing fact
4. Engineer A <is retained by> the State Power Commission <as a technical consultant for a legal or arbitration proceeding.> After the start of 3
5. Engineer B <is retained by> a Private Power Company <as a technical consultant for a legal or arbitration proceeding.> After the start of 3
6. Engineer A <provides expert testimony for> the State Power Commission <regarding> Water Supply, Flood Control, & Production of Electric Power. After the start of 4, After the conclusion of 1
7. Engineer B <provides expert testimony for> a Private Power Company <regarding> Water Supply, Flood Control, & Production of Electric Power. After the start of 4, After the conclusion of 2
8. Engineer A <proposes the solution> Series of Low Dams. Occurs during 6
9. Engineer B <proposes the solution> One High Dam. Occurs during 7
10. Engineer A <criticizes> ((Engineer B <reviews and analyzes> Water Supply, Flood Control, & Production of Electric Power) & (Engineer B <proposes the solution> One High Dam)) <to> Court. [Questioned Fact 1] Occurs during 6
11. Engineer B <criticizes> ((Engineer A <reviews and analyzes> Water Supply, Flood Control, & Production of Electric Power) & (Engineer A <proposes the solution> Series of Low Dams)) <to> Court. [Questioned Fact 2] Occurs during 7

Actor and Object Types

1.
Engineer A --> Engineer.
2.
Engineer B --> Engineer.
3.
Water Supply, Flood Control, and Production of Electric Power --> Engineering Artifact.
4.
The State Legislature --> Governmental Body.
5.
The State Power Commission --> Governmental Body.
6.
A Private Power Company --> Commercial Organization.
7.
Series of Low Dams --> Engineering Artifact.
8.
One High Dam --> Engineering Artifact.
9.
Court --> Court of Law or Arbitration Board.

The Board's Analysis

Questioned Fact(s) 1: Fact 10
Questioned Actor or Actors: Engineer A
The Board's Conclusion: Ethical

The board cited the following evidence in support of their conclusion:

Code Code Status How Cited Grouped With Over rides Why Relevant? Why Violated, Not Violated, Changed, or Not Applicable?
C5. Not Violated Explicitly Discussed C7. None ^ Engineer serves as a witness before a court, commission or other tribunal [6] 

Engineer expresses an opinion [10] ^ 

^ Engineer's opinion is based on adequate knowledge [1] 

Engineer's opinion is based on honest conviction [1, Inference based on facts] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

C7. Not Violated Explicitly Discussed C5. None ^ Engineer publicly expresses an opinion on an engineering subject [10] ^  ^ Engineer has adequate knowledge of the facts [1] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

R6:10 Not Violated Explicitly Discussed None None ^ Engineer advocates the enactment of a community law, rule, or regulation [8, 10] ^  ^ Engineer believes the law, rule, or regulation is in the public interest [1, Inference based on facts] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

C24 Not Violated Explicitly Discussed None None ^ Engineer publicly criticizes another engineer's work [6, 10] ^  ^ Engineer exercises due restraint in criticizing the engineer [Hypo: "... provided such criticism is offered on a high level of professional deportment."] 

Engineer does not use the engineering society or engineering press as the forum for criticism [6, 10] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

The board cited the following evidence that conflicts with their conclusion:

None.

The board cited the following background information that neither directly supports nor directly conflicts with their conclusion:

None.

Questioned Fact(s) 2: Fact 11
Questioned Actor or Actors: Engineer B
The Board's Conclusion: Ethical

The board cited the following evidence in support of their conclusion:

Code Code Status How Cited Grouped With Over rides Why Relevant? Why Violated, Not Violated, Changed, or Not Applicable?
C5. Not Violated Explicitly Discussed C7. None ^ Engineer serves as a witness before a court, commission or other tribunal [7] 

Engineer expresses an opinion [11] ^ 

^ Engineer's opinion is based on adequate knowledge [2] 

Engineer's opinion is based on honest conviction [2, Inference based on facts] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

C7 Not Violated Explicitly Discussed C5. None ^ Engineer publicly expresses an opinion on an engineering subject [11] ^  ^ Engineer has adequate knowledge of the facts [2] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

R6:10 Not Violated Explicitly Discussed None None ^ Engineer advocates the enactment of a community law, rule, or regulation [9, 11] ^  ^ Engineer believes the law, rule, or regulation is in the public interest [2, Inference based on facts] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

C24 Not Violated Explicitly Discussed None None ^ Engineer publicly criticizes another engineer's work [7, 11] ^  ^ Engineer exercises due restraint in criticizing the engineer [Hypo: "... provided such criticism is offered on a high level of professional deportment."] 

Engineer does not use the engineering society or engineering press as the forum for criticism [7, 11] 

%Engineer is entitled to a different opinion/conclusion than another engineer% [Hypo: "There may ... be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts."] ^ 

The board cited the following evidence that conflicts with their conclusion:

None.

The board cited the following background information that neither directly supports nor directly conflicts with their conclusion:

None.

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