The New York State Society of Professional Engineers and NSPE are opposing plans by the New York City Council and Mayor Michael Bloomberg to remove a licensed design professional requirement for the Department of Buildings commissioner, following controversy over several fatal construction accidents this year.

In a May 5 statement, NYSSPE expressed its opposition to city council legislation, as directed by Bloomberg, that would remove the requirement for the commissioner to be a licensed PE or registered architect. NYSSPE believes that licensed design professionals are uniquely qualified to provide leadership to the department because of rigorous education, examination, and experience requirements and regulations that require design professionals to uphold public safety and maintain strict standards of professional conduct and moral character.

"In a time when the residents of New York have seen 13 construction related deaths in the past four months, it makes no sense to downgrade the requirement of New York's top building official," said NYSSPE President Robert Stelianou, P.E. "Having the Department of Buildings led by anyone other than a licensed professional jeopardizes public safety in a manner equivalent to having the Department of Health led by anyone other than a medical doctor. There is a breadth and depth of knowledge required by the commissioner that can only be successfully executed by a licensed professional."

Read more about this issue in the June PE.

Minnesota lawmakers have removed language from a transportation bill that would have required the deputy commissioner/chief engineer of the state transportation department to be a PE. The provision was supported by the Minnesota Society of Professional Engineers, NSPE, and many other engineering groups.

"Just as the public expects the attorney general to be an attorney, I believe it is appropriate to require the person in responsible charge of Minnesota DOT to be a licensed professional engineer," said MSPE member David Martini, P.E., in testimony to the House Finance Committee.

Governor Tim Pawlenty disagreed, arguing that he wanted the flexibility to decide who should fill the position. He threatened to veto the entire omnibus transportation bill if the provision remained. [ return to top ]

At a National Academies Summit on America's Energy Future held in March, industry and government leaders discussed how the development of new technologies is critical to addressing the world's energy challenges. U.S. Secretary of Energy Samuel Bodman explained at the summit that securing our energy future is critical for economic growth, environmental health, and international security and neither current technology nor incremental improvements can meet the energy challenges we're facing. "We need transformational discoveries....that fundamentally change the rules of the game," he said.

In an effort to propel this movement,  the Department of Energy's Office of Science has established a $100 million Energy Frontier Research Centers program, which will award grants to universities, labs, and other institutions beginning in FY 2009. The centers will pursue basic research in areas such as solar energy, electrical energy storage, superconductivity, biofuels, advanced nuclear energy, and hydrogen productions, storage, and use.

Bob Marley, P.E., as deputy director of the U.S. Climate Change Technology Program, sees energy solutions arising out of research in areas such as nanotubes for super-ultra capacitators, which can act like batteries; the actions of enzymes in biology; or newly discovered phenomena in physics, like quantum dots.

"Engineers are very good at improving technologies building on successes of the past," he says. "and this kind of progress is very important. But I think some of the really new technologies are probably going to arise from the new knowledge that has yet to be discovered in basic research."

Read the complete article in the June issue of PE. [ return to top ]

Did you miss the 2008 Lockheed Martin MATHCOUNTS National Competition? If so, you can still watch the exciting Countdown Round online. Or you can just keep reading for all the details....

A set of distinct positive integers has a total of 11 digits, and all the digits are 1s. What is the smallest possible sum of the integers in the set? This was the question posed to Darryl Wu of Bellevue, Washington, and Bobby Shen of Sugarland, Texas, the finalists in the 2008 Lockheed Martin MATHCOUNTS National Competition in Denver on May 9. Wu, 11 years old and the only sixth grader in the individual competition, answered correctly (11,234), becoming the youngest MATHCOUNTS National Champion ever. Shen placed second and Evan Miller of Kentucky and Anderson Wang of Pennsylvania were semifinalists.

The Texas team, coached by Jeff Boyd of Sugarland, captured the title of National Team Champions for the second year in a row. Team members included second place finisher Bobby Shen, Kevin Tian of Austin, Ding Zhoe of Houston, and Kevin Li of College Station. Winning teams and individuals received medals, trophies, and college scholarships. Washington placed second in the team competition and Maryland placed third.

This year marked MATHCOUNTS 25th anniversary, with over seven million participants over the years. Students enrolled in sixth, seventh, and eighth grades are eligible to participate in MATHCOUNTS competitions, which are organized into four levels: school, chapter (local), state, and national. Winners of the state competition are invited to participate in the national competition. Participants represent all 50 states, Washington, D.C., U.S. territories, and schools from the Department of Defense and state departments. The organization was co-founded by NSPE, the National Council of Teachers of Mathematics, and the CNA Foundation. [ return to top ]

Question: A former employee of my engineering firm recently resigned from the firm and, and using a list of our firm's clients, established his own firm in competition with my firm. I understand that some states have business conspiracy statutes that impose liability on those who willfully and maliciously injure one another in his reputation, trade, or business or professional, by whatever means. Would such a statute apply to this type of situation? (Wisconsin)

Answer: A recent case addressed the application of such a provision. In Mt. Area Realty v. Wintergreen Partners Inc. 2007 U.S. Dist. LEXIS 93727 (W.D. Va., December 21, 2007), a company sued under a business conspiracy statute, claiming that a competitor conspired to suppress competition and thereby injured the company's business. The court ruled that in order to prevail under such a statute, the company must prove that the harm was intended to be directed specifically at the company and not at the market in general. It would therefore appear that having a strong written employment and separation agreement for your employees would be the best method of protecting your company from this type of unfair competition.

Responses are based on questions posed to NSPE Legal Counsel Arthur Schwartz. This question and answer does not, in any way, constitute legal advice. Always consult your own attorney before reaching any conclusions or acting upon any information presented in this forum. Also note that legal precedents change: an answer based on a case from several years ago may have a new perspective today. Send your legal questions to Arthur Schwartz, 1420 King St., Alexandria, VA 22314-2794; fax: 703-836-4875. [ return to top ]

The NSPE Board of Directors has selected the 2008 NSPE Fellows. The Fellows program, established in 2000, recognizes active members who have significantly contributed to the profession, the Society, and the community. New fellows are selected annually for this honor.

The following are the 2008 NSPE Fellows:

• T. Richard Andreson, P.E., F.NSPE  (MN)
• Robert G. Becnel, P.E., F.NSPE  (MO)
• Darrel H. Berkowitz, P.E., F.NSPE  (MN)
• Larry L. Britt, P.E., F.NSPE (MS)
• Kent D. Buehrer, P.E., F.NSPE (OH)
• Louise Carosi Doyle, P.E., F.NSPE (NY)
• Harry E. Garman, P.E., F.NSPE (PA)
• T. Michael Garrison, P.E., F.NSPE (KS)
• Ronald G. Hansen, P.E., F.NSPE (AK)
• Richard W. Liesse, P.E., F.NSPE (TX)
• Wayne D. Moore, P.E., F.NSPE (RI)
• Ali M. Mustapha, P.E., F.NSPE (LA)
• Jorge L. Pardo, P.E., F.NSPE (FL)
• Michael R. Pender, P.E., F.NSPE (FL)
• David L. Pond, P.E., F.NSPE (NC)
• Matthew R. Purcell, P.E., F.NSPE (NH)
• Henn Rebane, P.E., F.NSPE (FL)
• Deborah M. Shive, P.E., F.NSPE (NC)
• John A. Talbot, P.E., F.NSPE (OR)
• Willem S. Van Hemert, P.E., F.NSPE (AK)
• Charlie F. Vaughn, P.E., F.NSPE (NV)

To be eligible for Fellow status, involvement in NSPE must include holding at least one office at the chapter, state, or national level and service at the national level. Candidates should also exhibit continuing effort in NSPE involvement, professional activities, and community involvement.

Visit the NSPE Web site for details on the Fellows program.

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The National Academy of Forensic Engineers, a chartered affinity group of NSPE, will present an all day seminar worth eight professional development hours on Saturday, July 26 in Portland, Oregon. Held in conjunction with the NSPE Annual Conference, the seminar will cover the following topics: effect of computer evidence on FE practice, multiple vehicle accidents, product liability, sprinkler head damages, golf course safety, children falling from windows, firearms trigger incidents, motor home fatality, automotive engine corrosion, and a first-hand report on forensic engineering practice in New Zealand. Emphasis is made on the application of the art and science of engineering in the legal system.

Register by contacting NAFE Executive Director and NSPE Past President Marvin Specter, P.E., L.S., F.NSPE at 866-623-3674 (toll free) or e-mail: specter@nafe.org. [ return to top ]