Volume 04 | Issue 01
January - March 2006

President’s Message

Legislative Update

A Case For The Political Arm Of NJSPE’s Governmental Affairs Efforts – PEPAC

NJSPE Board Addresses Key Business Matters

PESMC Honors Its Best

Pennsylvania Contemplates MCPC

Liaisons Sought for State Board

Engineering Expo 2006

Malpractice Issues

Thomas J. Sharp & Associates

PESMC Honors Its Best
The Professional Engineers Society of Mercer County conducted its 46th Annual Awards Dinner on Saturday, February 25.  Culminating the celebration of Engineers Week, this event honors members, their outstanding work, and others in the community who help improve the quality of life.

The event was highlighted at the beginning and end by the appearance of some special guests.  Through the efforts of NJSPE President Tim McGough, PE, who is a member of the chapter, Mercer County Executive Brian Hughes opened the ceremonies by presenting a proclamation to highlight the contributions of engineers to society.

In conjunction with the presentation of the most prestigious award at the end of the evening, Assemblyman John Wisniewski, who chairs the Transportation Sub-committee, presented a joint resolution from the Legislature to James J. Purcell, PE, PESMC’s Engineer of the Year.  Wisniewski has been a strong advocate for replenishing the State’s Transportation Trust Fund and has worked with Purcell and others in this regard.

A special Government Service Award was bestowed on George G. Alexandridis, PE who is the Chief Engineer of the Delaware River Joint Toll Bridge Commission.

The Young Engineer of the Year is Lori J. Duguid, PE, who is affiliated with Michael Baker, Jr., Inc. and works in the firm’s Princeton office.

For her relief work accompanied by her special canine companion in recent hurricane catastrophes, Linda Cardell was given the Citizen of the Year Award.

The Project of the Year was a special pedestrian bridge over U.S. Route 1 in Mercer County.  This bridge, owned by NJ Department of Environmental Protection, permits hikers on the Delaware & Raritan Canal State Park to safely traverse the canal’s route that connects Trenton and New Brunswick.  The ornate bridge with period décor was designed by Arora and Associates in Lawrenceville and constructed by the IEW Construction Group of Trenton.

David West, a former practicing engineer, was named as Math Teacher of the Year.  He has been affiliated for the past six years with Central High School in Trenton and has also assisted students in some of their extra curricula design competitions.

Attending the dinner was Ms. Tanvi Goel and her parents.  A student at Princeton Day School, she is the recipient of the chapter’s Michael Valenti Scholarship, valued this year at $2,500.

The Master of Ceremonies was William Colon, PE, PESMC President, who is affiliated with DMJM Harris.  McGough delivered the invocation.

Click on the pictures below for a larger view of the evening's festivities.

New Jersey Assemblyman John Wisniewski presents joint Legislature Resolution to Jim Purcell, PE, who was honored as PESMC Engineer of the Year.

George Alexandridis, PE, recipient of a special PESMC Government Service Award, is seated with his wife at the head table.

Lori Duguid, PE holds the plaque in recognition of her being PESMC Young Engineer of the Year with MC Bill Colon, PE (left) and Jim Yeager, her colleague from Michael Baker Jr., Inc who introduced her.

PESMC Math Teacher of the Year David West from Trenton Central High School is seen with his wife at the head table.

Flanked by her husband and daughter, who introduced her, Linda Cardell is seen at the head table prior to being presented with her award as PESMC Citizen of the Year.

Accepting plaques for the PESMC Project of the Year, The D & R Canal Pedestrian Bridge over U.S. Route 1, left to right, are Don Olla, representing the NJ Department of Transportation (construction manager); Eric Yermack, PE, representing Arora and Associates, PC and accepting for Bala Tangirala, P.E., (designer); and Matthew Kearney Jr., representing IEW Construction Group, Inc. (contractor).

Recipient of PESMC’s 2006 Michael Valenti Scholarship of $2,500, Tanvi Goel (left) who attends Princeton Day School, is shown with her parents Mr. & Mrs. Anil Goel.

GEOD Corporation

EI Associates

SCHOOR DEPALMA

Parsons Brinckerhoff

Haley & Aldrich

Keller & Kirkpatrick

President’s Message
By Timothy F. McGough, PE
An organization is only as strong as it’s members.  NJSPE has enjoyed a great many successes over the years because of the caliber of our members and the strength of our numbers.  Every year, the staff at Headquarters does a great job of providing member services, and service to the Executive Committee and Board of Trustees.

One of those services is to track the membership roles.  Some of us are on an anniversary date member renewal and some are on an end of the year member renewal.  The number varies throughout the year; however, at this point there are over three hundred members currently listed on the delinquent list, which is essentially a list of members whose renewal date has passed.

Often, due to the complexity of our lives, we forget to do routine tasks like renewing our professional society memberships.  For this reason, although the list is called, by National, a delinquent list, members who appear on the list are not automatically removed from their membership.  Rather, headquarters staff at NJSPE will send out reminders, and we generally have great success in retaining our membership.

I am certain that some members look at the expense and weigh it against the benefits derived from membership in the Society.  NJSPE performs a great many functions in the interests of our licensed profession.  My tenure as your President for almost two years now, and my three years prior as NJSPE’s Legislative Committee Chairperson have been marked by, and sometimes I am pressed to say consumed by, legislative issues that negatively impact licensed professional engineers.  In all cases, with hard work by your leadership, and by many volunteers, we have been able to ensure our interests are addressed.

In addition we have a tremendous Practice Division in the Professional Engineers in Construction (PEC).  They are a vibrant, strong organization that has a wealth of activities going on throughout the year.  It is a pleasure to be a part of these activities.  Through the efforts of a number of interested volunteers, the Professional Engineers in Private Practice (PEPP) Division is being reinvigorated, and is off to a great start.

NSPE will officially launch its new form of governance this July at the Annual Meeting in Boston.  This is the result of a gargantuan effort from people from all over the country on the Future Directions Task Force to reshape and evolve NSPE to be more responsive to the membership’s needs.  I have appointed a Blue Ribbon Panel to look at changes in the way NJSPE operates to improve member services, and to make membership enjoyable, fruitful, and accommodating to our busy lives.

NJSPE has begun a program to provide opportunities for our members to obtain the required level of education for licensure in New York.  This program will continue to expand.  NJSPE runs the Institute for Professional Leadership, a tremendous program that provides leadership skills to engineers.

The bottom line is that your membership in NSPE and NJSPE is valuable to you, and certainly valuable to the Society as a whole.  I urge you to check on your membership status, and if you are not current, please send in your renewal.  It is worth every penny.

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Legislative Update
The NJSPE legislative committee met on February 15, 2006 and reviewed a series of issues facing the licensed professional engineer.  The meeting focused on several regulatory and legislative issues that affect the practice of engineering. 

On the regulatory front, the Legislative Committee was given an update on the work of the NJSPE Task Force on Engineering Measurements.  The NJSPE has been active on the issue of engineering measurements, most recently when NJSPE Counsel Larry Powers and Task Force Chair Bernie Berson testified before the State Board expressing opposition to the new language that appeared in the proposed regulations.  As a result of the confusion created by the proposed language and the testimony provided by NJSPE, the Board eliminated those provisions that addressed engineering measurements with respect to topographic surveys prior to readopting the sunsetted regulations.   The task force has since met with representatives from the NJSME and the ACEC-NJ to discus the status of the regulations published by the State Board of Professional Engineers and Land Surveyors.  The task force also sought input from representatives from the NJSPLS with respect to the topic of engineering measurements as they pertain to topographic surveys.

On the legislative front, below is a summary of recommendations of the Legislative Committee on several issues of concern.

  1. NJSPE support for Good Samaritan legislation
  2. NJSPE opposes bill A-910 which would allow NJDEP to establish a list of environmentally responsible companies and allowing these companies to be given preference when awarding State contracts.
  3. NJSPE is reviewing S-783 legislation that establishes a certification program for septic system inspectors. At a minimum, NJSPE will be pushing for PE’S be exempted from the certifications.
  4. NJSPE will continue to oppose bills requiring the award of contracts for professional services solely on the basis of lowest bid
  5. NJSPE will continue to oppose bills on the privatization of State professional services
  6. NJSPE  will continue to oppose bills that permit project labor agreements for municipal and county projects A-1688
  7. NJSPE will be monitoring bill A2312 which would require small municipalities to share services of licensed professionals

The NJSPE legislative committee will continue to work on all issues of concern for the NJSPE.  We encourage all members to participate in this process, whether its to join the committee, submit ideas or concerns, or volunteer to testify at hearings in the NJ legislature as a representative of the Society.  To become more involved, please contact NJSPE headquarters.

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A Case For The Political Arm Of NJSPE’s Governmental Affairs Efforts – PEPAC
NJSPE has always been in the forefront of governmental affairs for its members and their profession.  To that end NJSPE established a Political Action Committee, Professional Engineers Political Action Committee (PE-PAC) in the early 80’s when it was establishing, through statute,  the right to hire a Professional Engineer to be the prime professional for any building design project.  It also instituted a voluntary dues check off and a dedicated portion of the state dues to this effort.  Additionally, PE-PAC has held several events in order to raise funds such as golf outings, cocktail receptions and dinners honoring elected officials who have been supportive of NJSPE’s political agenda.

PE-PAC funds are used to educate policymakers on the role of PE’s and their practice in both government and the private sector.  Its goals are to promote the ethical and legal practice of Professional Engineering through statutes and regulations.   We support individuals who run for elective office and who have shown an understanding and support for the Professional Engineer and their value to the citizens of the State.  PE-PAC accomplishes this through attendance at fundraisers and the appropriation of funds for their political campaigns.

PE-PAC exists for several reasons.  Political Action Committees (PACS) are the vehicle whereby individuals of like interests are able to pool their financial resources to make campaign contributions that make a difference.  PACS were established in the 70’s as a reform of the political contribution system.  Before that, small contributions by individuals without the ability to pool resources were heavily outweighed by “fat cat” contributors.  Therefore the little guy’s voice in the political process was a distance whisper.  PACS changed this.  For the first time individuals were able to join together and in doing so establish their position as one needing and deserving of attention.  Almost every profession, trade, and individual can be associated with a PAC, teachers, unions, dentists, doctors, realtors, cosmetologists, retired persons, gun enthusiasts, environmentalists, etc.

NJSPE’s enormous activity in the governmental process requires a PAC.  The Professional Engineer and his practice is highly regulated and NJSPE and its issues need to be constantly in the minds of policy makers.  Why are PACS, and thereby money, necessary in the political process?  Media!  In order for individuals to be successful in their bid for elective office they need to purchase large blocks of media time, whether it be print or air media.  And NJ is sandwiched in between the country’s most expensive media market, New York and Philadelphia.  It is imperative that NJSPE and its PAC be there for those policy makers who are there for us and therefore contributing to their campaign is only logical and appropriate.

But a weak PAC can have the reverse effect.  Without the resources necessary to support our proponents NJSPE and the profession face an uphill battle when trying to have our issue rise above the fray.  To that end YOUR participation is critical to its success.

How can you help? DONATE, DONATE, and DONATE to PE-PAC.  You can do this by checking off the voluntary contribution on your dues renewal form and by supplementing that with a personal contribution.  You can mail your contributions to: PE-PAC, 414 Riverview Plaza, Trenton, NJ 08611.  Your active participation is the assurance that the message of Professional Engineers and their profession is heard.

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NJSPE Board Addresses Key Business Matters
The NJSPE Board of Trustees conducted a meeting at NJSPE headquarters on December 14, 2005.  One of the key issues was a review of the organization’s financial situation especially in conjunction with the three-year plan to eradicate the long-term deficit created in the early 1990’s.  Another issue is the existing chapter structure and the limited level of activities in some areas.

Fiscal Matters
Treasurer, Kevin Becica, PE reviewed the 2005 budget results to date and the proposed FY2006 and FY2007 budgets.  In keeping with changes requested by the National Society, NJSPE will revise its fiscal year to run from July 1 to June 30.  This required the Board to consider a one-time six-month budget for the period from January 1 to June 30, 2006, and then a twelve-month budget ending on June 30, 2007.  The Budget Committee will meet in the spring to firm up the latter budget.  The Board approved the six-month budget as proposed by the Budget Committee.

The Board expects that the deficit will be eliminated by the end of the fiscal 2006 budget year.  However, to do this and maintain a balanced budget in the future will depend on keeping up the revenue stream.  This can only be achieved by maintaining a reasonable membership level, a successful educational program, and for the annual Awards & Installation Banquet to break even.  The Trustees had a spirited discussion on means to increase the revenue stream by bringing in more members, voluntary contributions from Life Members, advertising on the NSPE web site, and the potential for holding the FE/PE examination review program.

Reviewing NJSPE Structure
President McGough informed the Board that Kevin Becica is chairing a Blue Ribbon Task Force on Organizational Structure.  The purpose is to review how NJSPE should parallel the new NSPE structure and Goals and to improve the service to our members.

Currently, there are 10 authorized chapters covering the 21 counties in New Jersey.  The last time that the boundaries of NJSPE’s chapters was reviewed was over 10 years ago.  With changes in demographics and membership enrollment, it may be warranted to consider some further consolidation.  However, nothing will be done without consideration of input from chapter leaders and members.

Just as NSPE has become a more state-centric federation of State Societies, the leaders of NJSPE are committed to optimum cooperation among the chapters – as well as practice divisions – with the state organization.

The Board also heard reports on various legislative matters.  The following was highlighted:

  • The proposed ELEC regulation about lobbying efforts could potentially impact members.  There is a concern that the proposed rules could be interpreted to include normal business contacts related to procedures for obtaining permits or other business matters.  Executive Director Joe Simonetta, CAE has offered testimony on our behalf at the hearings.  He expects that routine contact between businesses and government officials will not be included in the final rules.
  • Relationships with the Surveying Societies were discussed by Government Relations Manager Matt Halpin.  The ongoing concern is the continuing shortage of newly licensed land surveyors, the requirements for Professional Engineers to take the entire LS exam when applying for PLS status, and the point at which certain measurements taken by engineers become a topographic survey.  These issues are still under review by the Legislative and Executive Committees.

Past President and former NSPE Vice President Gene O’Brien, PE reviewed proposed changes to the NJSPE Bylaws.  Among other items to maintain NJSPE’s consistency with NSPE Bylaws, the changes would create the position of the NSPE delegate and make him/her a member of the Executive Committee.  The NSPE House of Delegates will hold its first meeting in Boston in July at NSPE’s 2006 Annual Meeting.  The changes were ratified by the Board for submission to the full membership for approval.  [Editor’s Note: The report of the Tellers Committee will appear in the next issue.

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Pennsylvania Contemplates MCPC
A bill has been introduced in the Pennsylvania Senate requiring continuing education for Professional Engineers.  If adopted in that state and with New York already requiring PDHs for license renewal, this may bring pressure on New Jersey to also adopt some form of continuing professional competency (CPC).

On November 15, the Pennsylvania Senate’s Consumer Protection and Professional Licensure Committee unanimously approved Senate Bill 655 for consideration by the full body.  More recently, the bill has been referred to the Senate’s Appropriations Committee.

As a result of efforts by the Pennsylvania Society of Professional Engineers (PSPE), the original version of this bill was amended to add CPC language.  The CPC policy that PSPE recently endorsed was provided to the committee, which chose to include it in Senate Bill 655 rather than introduce a separate bill.  If enacted, engineers licensed by the Commonwealth will eventually be required to obtain 24 professional development hours every two years.

Senate Bill 655 was originally introduced to provide the Registration Board for Professional Engineers clearer authority to police the term "engineer" in the wake of a Commonwealth Court decision (Garcia v. BPOA) that has been restricting the Board's traditional activities in that area. The legislation makes it clear, if engineering services are being offered, then an individual must be licensed to call himself or herself an engineer.

The proposed CPC requirements for engineers licensed by Pennsylvania closely mirror those established by the National Council of Examiners for Engineering and Surveying (NCEES) in its model code. Required hours can be obtained through a variety of means -- not just attending seminars.

Across the United States, 30 states now require some form of continuing professional competency.  The latest jurisdictions to enact such requirements in 2005 are North Dakota and Ohio.  Other states with large engineering numbers that also require CPC include Florida, Missouri, North Carolina, and Texas.  Most jurisdictions require 12 PDHs per 12-month interval notwithstanding the renewal interval.

In 2004, NJSPE conducted a referendum of all members, asking whether NJSPE should petition the New Jersey Legislature to enact legislation for Mandatory Continuing Professional Competency (MCPC).  The question was rejected by a two-to-one margin with about 45% of members casting a ballot.  Since then, there has been no further discussion about this issue within NJSPE.

Because many NJSPE members are licensed by New York, NJSPE has been working to offer courses to help them satisfy the PDH requirements.  At the December meeting of the Board of Trustees, it was agreed that NJSPE would monitor closely developments in Pennsylvania.  If the proposed legislation is adopted, NJSPE should ensure that types of courses required in Pennsylvania (or currently required in New York) should be available – to the extent possible - for NJSPE members.  Vice President John Rhodes, PE is NJSPE’s lead person on this topic.

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Liaisons Sought for State Board
President McGough is seeking some volunteers to be our liaison with the New Jersey State Board of Professional Engineers and Land Surveyors.

Because many issues discussed and adjudicated by the State Board can impact NJSPE members, it has been very useful in the past to have two or three volunteers who would alternate in attending the periodic meetings of the State Board and provide reports to the Executive Committee.

Any interested member, who can access downtown Newark reasonably conveniently, is asked to offer her/his services.  Retired or part-time working engineers are more likely candidates to offer their services due to the bi-weekly meetings being conducted on Thursday mornings.

Pleas call Vicky Drew at NJSPE Headquarters on (609) 393-0099 if you would be able to serve.

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[Editor's Note: As the NJSPE Educational Foundation sponsors its annual Career Day event for New Jersey high school students, ASCE and the Rockland Chapter of NYSSPE sponsor a similar career-oriented event. NJSPE members with students considering an engineering career are invited to participate.]

TIA Travel and Tourism Unity DinnerEngineering Expo 2006
An interactive experience for middle and senior high school students.
The Rockland County Chapter of the NYS Society of Professional Engineers, with the Northern New Jersey and Lower Hudson Valley Chapters of the American Society of Civil Engineers, are hosting an Exposition to acquaint middle and high school students with engineering educational opportunities and some of the career options open to engineers.

The Exposition will be held in the Hennessy Center at Dominican College from 11:00a.m. - 4:00 p.m., Sunday, April 2, 2006. The program will comprise at least the following:

  • Exhibits and Information booths presented by area colleges with engineering related programs; committed colleges include: Cornell, Columbia, St. Thomas Aquinas College, Stevens Institute of Technology, Manhattan College, Clarkson, U.S. Merchant Marine Academy; many more are expected to participate. Representatives will provide publications and discuss opportunities with students.
  • Displays and Exhibits by area companies and agencies that hire staff engineers; again, representatives will be available to discuss careers with the students. Participants will include at least: Lawler, Matusky & Skelly Engineers LLP; McLaren Engineering Group; the Rockland County Sewer District; Rockland County Solid Waste Agency, NYS Thruway Authority, Orange & Rockland and others.

We hope students (and faculty, too) at your school will be able to attend this event. The sponsoring organizations are committed to making the program as informative as possible so that students can better appreciate the many opportunities that exist for engineering education and careers.

If you have any questions, please call Dr. James Yarmus at 845-364-3446. Inquiries may be sent by email to info@engineeringexpo.org. For more information, see www.engineeringexpo.org.

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Malpractice Issues
This discussion is an attempt to aid our fellow engineers in one of the most difficult aspects of our profession as practicing professionals in the public sphere. It will not contain anything really new, since these subjects get regular emphasis, but it is our opinion that it may help clarify the issues.

An event that is sure to happen is the witnessing of incompetent and or unethical behavior by others. Sometimes these are engineers, or architects or on occasion others assuming their roles without the credentials.

What is to be done when these situations occur? Obviously it can be ignored, and this is what would be expected as a natural reaction. But then we get concerned as to the poor individual who is being victimized and the degradation of the profession that we are seeing, it sort of gets ones blood up.

We know of course what the law governing the profession says, or at least we should. The “Snitch Law” is no secret and separate discourse will discuss this. But of course who is to know other than ourselves and therefore we do not stand much of a chance of getting in trouble unless the problem metastasizes into a law suit or a failure of consequence. But our conscience still calls for us to do our duty.

We are here going to try and put to rest some concerns that you may have that are hindering your doing your duty. Our bias is admitted, we would like to see more of this done by our fellow engineers than is occurring. Complaints coming into Headquarters which get referred to the State Board are customarily from Architects and the public.

Firstly, there is no role for NJSPE or the Professional Conduct Committee in these issues. We are not investigators and or prosecutors. The entire responsibility is that of the State. You also are not involved in such roles. All aspects of what happens after you make the situation known to the State, is their issue. In our role as liaison to the State Board we are not even allowed to be present at the hearing that may occur in the matter. The State is concerned that there cannot be any issues of impropriety and or privacy. The whole procedure is reassuring in that the accused individual is subjected only to their independent and unbiased judgments and interpretations. 

So do not be concerned about “getting involved” if you see practices that are contrary to the public’s best interests and our profession’s reputation. Drop a note to the State Board and let them know of the situation.

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PErspectives

Editorial Advisor
Gene R. O'Brien, PE, F.NSPE

Newsletter Layout/Graphics
Thom Rouse

Editorial Offices:
414 River View Plaza
Trenton, New Jersey 08611-3420
Phone: 609.393.0099
Fax: 609.393.9891

The opinions expressed in bylined articles are those of the authors and do not represent the opinions of NJSPE. The authors are solely responsible for the information contained in those articles.

For advertising information, contact Kelly Biddle at 609.393.0099

PErspectives is published bi-monthly by the NJSPE. All correspondence, address changes, etc., should be sent directly to these offices.