| Fact | Time Qualifier |
|---|---|
| 1. Engineer A <resides next to> Highway Spur. | Pre-existing fact |
| 2. State <proposes the solution> Highway Spur. | Pre-existing fact |
| 3. State <hires the services of> Engineer A <for> (Engineer A <reviews and analyzes> Highway Spur). | After the start of 1, 2 |
| 4. Engineer A <informs> State <that> (Engineer A <resides next to> Highway Spur). | After the start of 3 Occurs during 3 |
| 5. State <does not object to> (Engineer A <reviews and analyzes> Highway Spur). | After the conclusion of 4, Occurs during 3 |
| 6. Engineer A <reviews and analyzes> Highway Spur. [Questioned Fact] | After the conclusion of 5, Occurs during 3 ^ |
| 7. Engineer A <provides a favorable recommendation of> Highway Spur <to> State. | After the start of 6 Occurs during 6 |
| Questioned Fact(s): | Fact 6 |
| Questioned Actor or Actors: | Engineer A |
| The Board's Conclusion: | Ethical |
| Code | Code Status | How Cited | Grouped With | Over rides | Why Relevant? | Why Violated, Not Violated, Changed, or Not Applicable? |
|---|---|---|---|---|---|---|
| II.4. | Not Violated | Explicitly Discussed | II.4.a. | None | ^ Engineer has a client [3] ^ | ^ Engineer acts as a faithful agent or trustee for the client [4] ^ |
| II.4.a. | Not Violated | Explicitly Discussed | II.4. | None | ^ Engineer has a client [3]
Engineer has a known conflict of interest [1] ^ |
^ Engineer promptly informs the client of association, interest
or other circumstances which could influence his judgment or the quality
of his services [4]
Engineer promptly informs the client of association, interest or other circumstances which could appear to influence his judgment or the quality of his services [4] ^ |
| Case | Citation Type | How Cited | Grouped with | Q # | Why Relevant? | Why Distinguished or Analogous? |
|---|---|---|---|---|---|---|
| 69-13-C | Distinguishing Precedent | Explicitly Discussed | None | 3 | ^ % Engineer has a land interest % [1]
% Engineer is hired to make a professional judgment that will affect his land interest % [3, 6] ^ |
^ % Engineer reveals his land interest to the client % [4]
% The client does not object to the land interest % [5] % The Code has changed % (See below) ^ |
| Code | Code Status | How Cited | Grouped With | Over rides | Why Relevant? | Why Violated, Not Violated, Changed, or Not Applicable? |
|---|---|---|---|---|---|---|
| II.4.a. | Changed | Explicitly Discussed | 8., 8(a). | None | ^ Engineer has a client [3]
Engineer has a known conflict of interest [1, 3] ^ |
^ % Engineer's primary obligation is to reveal his conflict of interest (rather than "endeavoring to avoid the conflict of interest" as in old code) % [4] ^ |