DP2

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP2

What must the consulting firm principal disclose to the municipality prior to accepting the municipal engineer appointment, and how must those disclosures be structured to satisfy the engineer-to-client relationship prerequisite?

Before accepting the municipal engineer designation, the consulting firm principal must decide what disclosures to make to the municipality regarding the firm's financial interest in subsequent capital project design work. The engineer knows that the low retainer arrangement is economically viable for the firm only if it leads to more lucrative design contracts, creating a structural incentive that could compromise the objectivity of advisory services. The timing and completeness of disclosure at this threshold moment determines whether the municipality can give informed consent to the arrangement.

Before accepting the appointment, formally disclose in writing: (1) the identity and financial structure of the consulting firm and the principal's ownership interest; (2) the firm's intention or expectation to be considered for capital improvement project design work; (3) the specific advisory duties from which the principal will recuse when the firm is a candidate for retention; and (4) the mechanism by which the municipality will independently approve or reject the firm's retention without the municipal engineer's participation. Renew these disclosures each time the firm is proposed for a new engagement.

Inform the municipality that the principal is a partner in the consulting firm that will provide municipal engineering services, but omit detailed disclosure of the financial incentive structure, the recusal protocol, or the renewal obligation — relying on the municipality's general awareness that consulting firms seek design work as sufficient constructive notice of the conflict.

Accept the municipal engineer appointment without pre-appointment conflict disclosure, on the theory that no actual conflict exists until the firm is specifically proposed for a capital project, and make disclosures only at that future point — thereby avoiding the appearance of a predetermined arrangement but leaving the municipality without the information needed to structure independent approval mechanisms from the outset.

Consulting Firm Principal (Prospective Municipal Engineer)