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ProfessionalEthics and Conduct

Presentation

Feb. 28, 2013Portland, Oreg.

Phil Scoles, CPSS"

•  To set high standards of practice."•  To instill integrity to the profession of

soil science. "•  To provide consistency for the health,

property and welfare of the public."

•  To build bridges among professionals, not widen gaps."

Why Professional Ethics?"

Personal Ethics are a set of beliefs and/or

guidelines desired for personal conduct."

Professional Ethics are a mutually agreed set of rules and/or guidelines

established for professional conduct."

Personal Ethics"

Professional Ethics"

Professional And

Personal Ethics"

Foundation of Ethical Conduct Knowledge Experience Constraint Peer Review

Ethical Pressures 1.  Produce results beneficial to

client or agency. 2.  Make conclusions based on

limited information or resources. 3.  Discredit another professional’s

work. 4.  Advocating for projects. 5.  Disclosures to regulatory

agencies.

•  All professional soil scientists should endeavor to build their reputation on the merit of their knowledge and practical experience."

•  Professional soil scientists should not solicit work and/or employment in a manner contrary to high professional standards or beyond their ability.

Reputation Importance"

They are specialists within a niche that overlaps with generalists in other professions.

Professional soil scientists are selling technical expertise, not convenience or easy answers.

Soil Scientists Offer A Unique Set of Services"

That means help your client and/or property owner interpret information.

Don’t spin it for them.

We Are Not … Public Relation Firms"

We sell our knowledge of the earth / land capability.

Not market the real estate.

We Are Not …Real Estate Professionals"

Winning by any means does not mean being right.

Being right means being scientifically correct.

We Are Not …Lawyers"

•  Should the soil scientist accommodate the owner and attempt the work?

•  Should the soil scientist subcontract the work to a qualified party?

•  Should the soil scientist arrange for the property owner to subcontract with a qualified party?

Situation: A property owner asks a soil scientist to conduct work the soil scientist is not qualified to perform (or lacks experience).

•  That is, professionals practice only in field(s) in which they are qualified by education and experience.

•  And, a professional soil scientist affixes his/her signature (or stamp) to subject matter that they are qualified for and can exercise dependable judgment.

Answer: Professional soil scientists are individuals who are qualified by education and experience"

§  Recognize your professional limitations -- collaborate when needed.

§  Always be completely objective, truthful and include all relevant and pertinent information in reports, statements or testimony.

§  Hire qualified peers or provide referrals when beyond one’s limitations.

Practice Within Your Competence"

§ Has a breach of “consultant-client confidentiality” occurred?

§ Maybe … maybe not.

Situation: A professional soil scientist releases a draft report to a client’s engineer or planner. "

§ Release of confidential material or private information of a client or employer, current or former, should not occur, especially to the disadvantage of such client or employer.

Client/Employer Confidences "

§ When can the professional soil scientist release the field results to the property owner?

Situation: A property owner requests a copy of a field investigation contracted by a developer. "

Potentially never."

§ A professional soil scientist must protect the information for the client that paid for it, not the property owner, if different.

§ The client has a right to control the distribution of that information, unless otherwise specified by contract.

"

§ Confident ia l mater ia l or pr ivate information of a client or employer for the advantage of a third person should only occur when a client or employer consents after full disclosure.

§  Confidential matters or private information of a client or employer should be protected, even after the work relationship ends.

Furthermore … "

§ When a client or employer consents after full disclosure.

§ When required by law or court order. § When necessary to establish legal proof of

client relationship or employer in a court action to recover salaried, fees or other compensation due.

§ When necessary to defend yourself , employees or associates in matters of law.

Exceptions To Client/ Employer Confidentiality"

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Is the professional soil scientist obligated to disclose such evidence or data?"

Can the professional soil scientist selectively report only the data that is favorable to the client?

Situation: During site work, a soil scientist encounters off-site evidence that is adverse to the client’s interest.

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Furthermore, a professional soil scientist should assure the facts are: "

" " Objective"

Factual" Unbiased"

A Professional Soil Scientist Should Always Disclose The Facts Regardless If Adverse To Any Party."

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Situation: While conducting a site investigation, a soil scientist finds evidence of a violation.

What is the soil scientist’s responsibility to the client? "What is the soil scientist’s responsibility to the regulatory agencies?

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You Have A Professional Obligation ..."

To give your client ample opportunity to report their own non-compliance, or illegal, activities first. Ample, being based on your professional judgment of the potential danger of the activity to society and the environment.

You have the legal obligation to report illegal actions,

No matter who pays you.

• Is this a conflict of interest? "• If so, what is the appropriate course of action? ""

Situation: A professional soil scientist conducts a field investigation for a developer, while also working for local group that could oppose the developer."

A conflict of interest exists if one’s judgment is influenced by matters other than those of the client and the facts. "

Examples of Conflicts of Interest"§  "Opposing Clients"§  "Prior Knowledge"§  "Volunteer Activities"§  "Friendships ""

Conflict of Interest"

•  If a conflict of interest is unavoidable, then a professional soil scientist shall immediately disclose the nature (and details) that might influence their professional judgments, decisions, practices, or services.

•  It is a conflict of interest to solicit or accept any benefits that creates a clandestine obligation or otherwise compromises one’s judgment.

More on Conflict of Interest"

•  It is unethical to offer services to a governmental entity that one serves on, or employed by, unless there is full disclosure.

Still More …"

•  Ask Permission"

•  Discuss and Disclose With Client"

•  Don’t Hesitate To Call Another Professional Soil Scientist, or an attorney if still unsure.

If In Doubt …"

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Situation: During investigative phase, a soil scientist determines that future work may be adverse to client’s interests."When should soil scientist notify the owner? Immediately? End of contract? After new contract is executed?"When should soil scientist recommend a second opinion?"

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"• A professional soil scientist has a obligation to immediately inform an owner if continuing the work cannot further benefit the client."• A professional soil scientist also has an obligation to notify owner if hiring a someone else or having peer review (second opinion) would better serve the client’s interests."

•  When reviewing another professional’s work, one should focus on issues of fact and interpretation, rather than assessment of an individual’s proficiency. Said differently, leave the character assassination to those unable address the facts.

Reviewing Another Professional’s Work"

Assist peers in findingcorrect conclusions,"The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then

insert it again.The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again.

Trapping them into making a

mistake is unethical. "

•  It is not unethical to make a mistake. It is unethical to knowingly make a mistake or produce an inferior quality of workmanship, or to hide a mistake.

•  Always be guided by standards set forth by professional organizations, such as SSSA, NCSS, & NSCSS.

Regarding mistakes …"

•  Know the other professional. •  Review examples of their work. •  Be an expert in that type of work. •  Have familiarity with locale. •  Don’t hesitate to say “no”.

Serving As A Reference"

The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again.The value of being a

professional soil scientist is having peers … … to ask for help in solving ethical dilemmas."

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And the value of helping fellow professional soil scientists is … … a stronger profession and greater contribution to society."

Thank You For Participating In This Professional Ethics and Conduct PresentationPhil Scoles, CPSS"