Case 63-9

Code Citations: [C2] [C22] [C3] [R1:3] [R20:31] [R22:42] [R2:5]

Case Citations: NONE

Facts:

Question:

References:

Code C2

"He will not advertise his work or merit in a self-laudatory manner and he will avoid all conduct or practice likely to discredit or do injury to the dignity and honor of his profession."

Code C3

"The engineer will endeavor to extend public knowledge of engineering, and will discourage the spreading of untrue, unfair and exaggerated statements regarding engineering."

Code C22

"He will endeavor to provide opportunity for the professional development and advancement of engineers in his employ."

Code R1:3

"He should seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health and well-being of his community."

Code R2:5

"Circumspect advertising may be properly employed by the engineer to announce his practice and availability. The form and manner of such advertising shall satisfy in all respects the dictate and intent of the Canons. Only those media shall be used as are necessary to reach directly an interested and potential client or employer, and such media shall in themselves be dignified, reputable and characteristically free of any factor or circumstance that would bring disrepute to the profession or to the professional using them. The substance of such advertising shall be limited to fact and shall contain no statement or offer intended to discredit or displace another engineer, either specifically or by implication."

Code R20:31

"Whenever possible, he will name the person or persons who may be individually responsible for designs, inventions, writings, or other accomplishments."

Code R22:42

"He will urge his engineer employees to become registered at the earliest possible date."

Discussion:

Distribution of the publication to employees is not specifically mentioned in Code R2:5, but we consider this a most desirable practice as being in line with Code C22 and Code R1:3. The type of material contained in the publication relative to personnel of the firm, public service activities, registration of employees, etc., is a commendable method of imparting professional concepts to employees and to other readers of the journal. A "house organ" prepared and edited with the required restraint and good taste also serves to implement Code R20:31 in giving credit to engineers responsible for professional accomplishments and can serve, as has been done in the particular example, to encourage employees to become registered as stated in Code R22:42.

Nevertheless, the practice of issuing "house organs" poses considerable danger unless rigidly controlled to prevent their becoming unprofessional in tone. In addition to meeting the ethical restrictions and limitations already noted, such publications should be prepared with a critical eye to good taste in format, color, illustrations or other techniques which might reflect adversely upon the dignity of the profession.

Conclusion:

BOARD OF ETHICAL REVIEW

P. T. ELLIOTT, P.E., A. C. KIRKWOOD, P. E., W. S. NELSON, P.E., M. C. NICHOLS, P.E., E. K. NICHOLSON. P.E., N. O. SAULTER, P.E., L. R. DURKEE, P.E., Chairman

*NOTE-Member Nichols agrees with the conclusion that it is ethical to distribute to employees a monthly publication of the type described, provided it is not self-laudatory, undignified or in violation of good taste. It would also be proper to send copies of the publication to other persons when the publication has an item of special interest or significance to such persons.

To maintain a regular or indiscriminate mailing list for the publication to clients and potential clients is unethical. Member Nichols believes the distribution of the publication in the manner stated was likely to discredit and do injury to the dignity and honor of the profession, and therefore, was in violation of Canon C2. He further believes that such a publication is an improper media within the meaning and intent of Rule R2:5, and is in violation of this Rule.
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