HomeMy WebLinkAbout80-595 BakowiczTO:
RE: Status of Engineers
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
February 21, 1980
ADVICE OF CHIEF COUNSEL
John R. Bakowicz, P. E.
RD #2, Box 348 -E
Sunbury, PA 17801
Advice # 80 -595
On February 6, 1980 John R. Bakowicz, Professional
Engineer, wrote this Commission requesting an advisory opinion
concerning the status of engineers who are not "township
engineers," "borough engineers," or engineers hired on a
regular basis, but rather those engineers hired only on a
"per job basis" by municipal entities and private clients.
Mr. Bakowicz contends that the Statement of Financial
Interests is in conflict with the Code of Ethics of Engineers
and, therefore, exempts him from any disclosure requirement.
The issue is whether an engineer hired only on a per
job basis, as opposed to being designated as a regular muncipal
engineer is covered as a public employee. The second issue is
whether the Code of Ethics for engineers exempts them from
requirements of the State Ethics Act.
Where an engineer is employed only for a particular
project and is not the regular engineer employed by a particular
governmental body, that engineer or engineering firm is not
considered a public employee and is not subject to the State
Ethics Act. Where, however, the engineering firm is designated
as the township engineer or borough engineer, for example, the
Code of Ethics relating to engineers does not exempt them from
any requirements of the State Ethics Act. Engineers are no more
exempt from ethical standards than attorneys. Lowery, 79 -64.
An engineering firm cannot avoid the State Ethics Act by
negotiating a contract on a per job basis when in reality it is
employed on a continuing basis from one project to the other. The
nature of suctr employment would be deemed to be that of township
engineer, regardless of the wording in any contract.
John R. Bakowicz, P. E.
February 21, 1980
Page 2
CONCLUSION:
DRM /rdp -2
An engineer or engineering firm which is employed exclusively
on a "per job" basis by a governmental body, and is not normally
associated with that governmental body in the representation of
it for engineering work is not a "public employee" and is not
subject to the disclosure requirement of the State Ethics Act.
The Code of Ethics with respect to engineers does not exempt
a township engineer, borough engineer, or other engineer
associated with the governmental body from filing a Statement of
Financial Interests.
Pursuant to Section 7(9)(ii), this advice is a
complete defense in any enforcement proceeding initiated
by the Commission, and evidence of good faith conduct in
any other civil or criminal proceeding, providing the
requestor has disclsoed truthfully all the material facts
and committed the acts complained of in reliance on the
advice given.
A personal appearance before the Commission and a
formal opinion will be issued upon your request if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DAVID RITTENHOUSE�MORRISON
Chief Counsel