DP6

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

DP6

At what point should Engineer A have disclosed his prospective employment transition to the State and sought consent from the former private client — before stamping the final water-rights analysis, upon formally accepting the State position, or upon learning that the State was an active objector in the specific proceeding — and what disclosure and consent actions were required to satisfy Code Sections II.4.a. and III.4.b.?

Engineer A Pre-Transition Conduct: Timing of Conflict Disclosure and Consent Obligation Before Stamping and Accepting State Employment

Disclose the prospective State employment relationship to the private firm and client before stamping the final water-rights analysis, seek the former client's informed consent to the employment transition under Code Section III.4.b., and if consent is withheld, decline to stamp the document and arrange for reassignment of the stamping responsibility to an engineer without a prospective adverse relationship

Complete and stamp the water-rights analysis as assigned, then disclose the employment transition and seek the former client's consent upon formally accepting the State position — treating the disclosure obligation as crystallizing at the moment of formal employment acceptance rather than at the earlier stage of contemplation or negotiation

Complete and stamp the water-rights analysis, accept the State position, and rely on the State's subsequent implementation of an isolation protocol as a sufficient remedial substitute for pre-transition consent — on the ground that the public-interest dimension of State employment and the non-absolute character of former client loyalty under BER Case No. 98-4 together permit the transition without prospective client consent when robust isolation is implemented

Engineer