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Engineer-In-Training Application Now A Fill-in Form On Line The New Jersey State Board of Professional Engineers and Land Surveyors has posted an interactive on-line application for the Fundamentals of Engineering (FE) portion of the Professional Engineers examination. This action was in response to the requests from a number of applicants at engineering universities to have the ability to fill out the application on their computers. The Engineer-In-Training applications can be filled in on the computer, but will still need to be printed and an original, signed, and notarized application submitted to the Board for approval, along with all supporting documentation. This step will reduce the time and effort required of applicants to prepare their application. The Adobe Acrobat® formatted application can be found at: www.state.nj.us/lps/ca/pels/e-tapp.pdf Applicants should read all instructions that are posted at: www.state.nj.us/lps/ca/pels/direng-t.pdf More general information about the Professional Engineers and Land Surveyors Applications can be found at: www.state.nj.us/lps/ca/pels/pelsinfo.htm New Jersey Board of Professional Engineers and Land Surveyors To Clarify Topographic Survey RulingThe New Jersey Board of Professional Engineers and Land Surveyors recently issued a notice concerning the responsibilities of surveyors and engineers in the preparation of topographic surveys. The Board’s interpretation of the State Statute was published in the New Jersey Register in Volume 36, Number 21, dated Monday, November 1, 2004. Subsequently, the New Jersey Society of Professional Engineers sought further clarification, since the definition of topographic survey remains unclear and there are a number of actions that are normally performed by engineers as they “perform such measurements as are necessary for the design, construction stakeout, construction and post construction records of an engineering project” (N.J.S.A. 45:8-28(e)) that could be determined to be “topographic surveys” as defined in the published interpretation. NJSPE requested a meeting with the Board to further discuss this issue. This meeting is scheduled to take place in May and will also be attended by representatives of the New Jersey Society of Professional Land Surveyors and the Garden State Land Surveyors Association. NJSPE is confident that the Board will agree that the intent of their notice is NOT to limit the right of an engineer to perform his or her duties, but only to clarify the definition of “topographic survey” as it pertains to the location of features as they are related to established boundaries and coordinates systems.NJDOT Commissioner Jack Lettiere to receive "Cabinet
Member of the Year" Award "No matter how large or how small the municipality, this Commissioner treats every one equally with the same dedicated interest and attention," stated Mayor Pickolycky. "The 'Hyperbuild' and Fix-It-First' models are just two of the many successful initiatives formed under the stewardship of this Commissioner, and we at the NJCM are committed to working with him and his agenda." "Without the passion, dedication and support of Commissioner Lettiere, many of today's significant improvements within New Jersey's transportation infrastructure would not have materialized," said Don Fauerbach, Executive Director for the NJ Conference of Mayors. John F. "Jack" Lettiere has served as Commissioner of the New Jersey Department of Transportation since December of 2002. He is a 30 year veteran of NJDOT, previously serving as Deputy Commissioner and Assistant Commissioner for Capital Investment.
Mr. Bogart was bestowed this honor in recognition of his outstanding contributions and achievements in the engineering and land surveying profession. Mr. Bogart has over 40 years experience in municipal and civil engineering. He has been the principal consulting engineer for 20 municipal clients and has served as special consultant to many more. His 40 years of professional engineering have included experience with roadway projects, airports, water supply, distribution and treatment, drainage and stormwater management, solid waste disposal, recreational facilities, land surveying and mapping, wastewater collection, pumping and treatment, environmental protection, construction inspection, site plan and subdivision design and review and planning. Mr. Bogart is a licensed Professional Engineer, Professional Planner, Professional Land Surveyor, Certified Municipal Engineer and a Certified Public Works Manager. Mr. Bogart recently achieved Life Membership in the American Society of Civil Engineers (ASCE) in recognition of his dedication, commitment, and service to the Civil Engineering profession. Additionally, he was recently elected the honor of Fellow Membership by the Board of Directors of the New Jersey Society of Professional Land Surveyors (NJSPLS). He is a graduate of Lafayette College and resides in Independence Township, Warren County, New Jersey. Based in Red Bank, Maser Consulting has six offices throughout New Jersey and New York, serving both the private and public sector. The firm provides a wide range of services for public works, environmental management, geotechnical engineering, structural engineering, highway and bridge design, traffic and transportation engineering, site development, surveying, landscape architecture and construction administration.In Memoriam Carl Nicholas Pecht, PE Carl graduated from Hamilton High in 1956 and received his Mechanical Engineering degree from Stevens Institute of Technology in 1961. Carl was employed as a project engineer for Allied Tube and Conduit of Philadelphia, a division of Tyco International, Ltd. He was well-respected and considered to be "a wealth of knowledge" in his field. He was a lifetime member of the New Jersey Society of Professional Engineers. He was a longtime member of the Red Dragon Canoe Club of Edgewater Park and The Trenton Elks 105. Carl was united in holy matrimony to Geraldine M. Puca of Trenton; from this union was born their daughter Cherylann. Beginning at an early age of 12 years, when he built his first boat which he sailed on the Delaware River, his passion for both sailing and ship-modeling grew into a lifelong hobby. When he wasn't hoisting his sails to catch the fair winds, he enjoyed cross country skiing, biking, snow-shoeing, traveling, attending and listening to opera and last but not least, solving the Sunday crossword puzzle with his wife. Carl was the son of the late Paul Henry Pecht and Elizabeth Pentek Pecht. He is survived by his wife Geraldine (Puca) Pecht and daughter Cherylann Pecht of Chestnut Hill, PA; sister-in-law and brother-in-law Judith A. Whitman and John Whitman of Hamilton Square; sister-in-law Marie Puca of Hamilton; niece Erin Callahan and her husband Scott Carroll of Piscataway; and nephew Patrick Michael Callahan Jr. of Denver, CO. He was predeceased by a sister-in-law Josephine (Jo) Alloway. Offers of condolences may be sent directly to Our Lady of Good Counsel Church. In Memoriam Roy Cascio, PE Roy was born in Schnectady, N.Y, he lived in Brooklyn, NY, before moving to Jersey City in 1951. Roy received a Bachelor of Science in Electrical Engineering at City College in New York, NY. He worked as an Electrical Engineer for Fischbach & Moore for 33 years and Comstock Electric for 5 years in New York, NY, before retiring 13 years ago. Throughout his career, Roy was the Lead Project Manager for the Metropolitan Opera House, New York State Theater at Lincoln Center, Chase Manhattan Plaza in New York City & the Olympic Stadium in Moscow. Roy served as President of the Professional Engineers Society of Hudson County, the University Club of Hudson County and the Parish Council and Holy Name Society of Our Lady of Mt. Carmel Church in Jersey City. A WW II U.S. Army Major, Roy entered into active duty in July of 1943. He landed in Nottingham, England in September of 1944 as a squad leader in the 575th Automatic Weapons Self Propelled Battalion from October of 1944 to the end of the war. Roy served in General Patton's 3rd Army in the Battle of the Bulge, Rhineland and Central Europe. He took part in the liberation of Mauthausen Concentration Camp in Linz, Austria. After the war, Roy also served for 20 years in the U.S. Army Reserve. Roy is survived by his daughter Maria Mediago; his son Joseph; a brother Dominick; and four grandchildren Elizabeth, Alessandra, Gina, & Joseph. |
President’s
MessageBy Timothy F. McGough, PE NJSPE President Testifies Before The Election Law Enforcement Commission On New Regulations Effecting Professional Engineering Record of Public Testimony As Provided by: On 3/15/05 My name is Tim McGough; I am President of the New Jersey Society of Professional Engineers. I wish to begin my remarks by thanking the NJ Election Law Enforcement Commission for providing NJSPE with an opportunity to offer comment on the new rules and amendments concerning lobbying registration, reporting, and other requirements. I know that you have already heard from a number of organizations and individuals who have voiced concerns regarding the pending new rules and amendments, and I certainly wish to offer my comments as expediently as possible in the interest of brevity. Let me add however, that I am here before you to answer any questions you may have of me as NJSPE’s representative. I represent the profession of Engineering, and I appear before this Commission with one singular, and very real concern, that the new rules and amendments put forth by this Commission will unintentionally infringe upon the ability of engineers in NJ to serve the public welfare as has been their charge for at least as long as their has been a regulated profession of professional engineering in NJ. Engineering is the application of scientific principles to practical purposes. We design the roads you drive upon; we build the bridges that convey you to distant shores. We provide the water you drink, and we create the infrastructure that is the very foundation of our society. However, Engineering is not just a scientific exercise, engineers must perform many roles in serving the public. On any given day, and in the performance of their duties on any project, engineers are required to be coordinators, managing the various elements of a project. One day they may be discussing permit requirements with NJDEP, the next they may be assisting a municipality in complying with the conditions of a federal, state, or local grant. They negotiate contracts to build public works projects. They are involved in all of the “governmental processes” as defined in the proposed regulations. In carrying out their duties, Engineers should never be considered “Governmental Affairs Agents”; however, as currently written, the rules and amendments appear to permit one to consider engineers as such. Let me state that based on my review of the 1/18/05 Rule Proposal in the NJ Register, it appears clear that the Commission recognizes the difference between activities previously associated with “Legislative Agents”, now to be known as “Governmental Affairs Agents” and the work that Engineers perform in the recourse of their duties and responsibilities. These duties include but are not limited to:
Furthermore, I recognize that the 1/18/05 rule proposal states that: “The Commission understands that the public and the regulated community will need guidance concerning the nature of the contacts with government officials that will be considered “influencing governmental processes.” The Commission therefore anticipates that further regulatory action will be needed to distinguish those communications about governmental processes, which must be reported as lobbying activity from those that do not require reporting.” In conclusion, Ladies and Gentlemen, we need to work together to ensure that how we define these terms does not have the unintended result of paralyzing our State’s ability to attend to the needs of the public while maintaining and protecting the health and welfare of its citizenry. The members of NJSPE believe that the issue of defining “governmental affairs agent” and “governmental processes” is paramount to our collective success in ensuring balance between the intention of the enabling legislation passed in 2004 and the application of those bills to the practical execution of the engineering profession. On behalf of NJSPE, I stand ready to assist the Commission in any way that it may deem appropriate, and I respectfully ask that NJSPE be involved in any future disposition of the definitions for “governmental affairs agent” and “governmental processes”. Thank you for this opportunity to appear before the Commission today, and lastly, please be advised that NJSPE will respectfully submit written comments regarding these rule changes prior to the deadline as set forth in the 1/18/05 NJ Register. I am prepared to answer any questions you may have at this time. Notes From The New Jersey State Board of Professional Engineers and Land Surveyors Meeting of April 14, 2005By James J. Purcell, P.E., NJSPE Liaison (The following notes are the interpretation of the author and do not represent the official position of the New Jersey Board of Professional Engineers and Land Surveyors. For the official positions, please refer to the Minutes of the April 14, 2005 Meeting of the Board.) The Nominating Committee presented nominations for Board President and Vice President. James Valenti, P.E., was nominated for President and Edward Vernick, P.E. as Vice President. Both were elected by unanimous consent. Outgoing President James Kelly, P.E. was applauded for his service to the Board in the past year. It was brought to the attention of the Board that there is pending legislation (A3897) that is intended to require licensing of Heating, Ventilation, and Cooling Contractors. This legislation defines HVAC so as to “…not include the design or preparation of specifications for equipment or systems to be installed that are within the practice of professional engineering as defined in subsection (b) of section 2 of P.L. 1938, c. 342 (C.45:8-28). It does define HVAC contracting to include “…the planning, laying out, installation,…any system, product or equipment or appurtenances used for the environmental needs or control of any heating, ventilation, and air conditioning system.” It was also brought to the attention of the Board that amendments to P.L. 1997, c.323 (The Home Inspection Professional Licensing Act) are being considered. Among other changes, the amendments would eliminate the classification of “Associate Home Inspector”, requires an applicant to complete 140 hours of instruction or 250 hours of home inspection under the supervision of a licensed home inspector, and requires that Home Inspectors complete 40 hours of continuing education in each biennial licensing period. The Board submitted public comments to the NJDEP concerning its proposed rules for qualification and registration of professionals to certify permit applications. In addition to other comments, the Board stated that:
These comments are similar to the comments submitted by NJSPE and are intended to protect the public from the unlicensed practice of professional engineering. The National Council of Examiners of Engineers and Surveyors is considering rules to consolidate continuing professional competency requirements and establish guidelines for a model program. The intent of this would be to allow licensees who meet the requirements of the model guidelines to be considered to have met the requirements of any individual state. The Board responded to an inquiry concerning the preparation of Drug Free Zone Maps that these maps as to who is legally allowed to prepare and sign said maps. The Board consensus was that these maps establish boundaries and as such must be prepared by a licensed Land Surveyor.Whistleblowing Considerations This article is presented as one of an ongoing series of educational topics generated by the Professional Conduct Committee. It is not intended to be a substitute for legal advice, but is intended to provide an overview of “whistleblowing” issues, with some modest framework for the reader to use in further studies. There have been a number of prominent whistle blowing incidents in recent years. A notable occurrence was the action of Roger Boisjoly, the engineer who warned against the launching of the Challenger shuttle in 1996. Boisjoly and colleagues were deeply concerned about the launch of the vehicle in the cold temperatures existing during the countdown to launch. They discussed it internally, but did not notify authorities or anyone outside of their professional sphere within Morton Thiokol. As we all know, the feared disaster, the result of a loss of elasticity in an o-ring between sections of the fuel tank area, did occur, with catastrophic loss of life. At that point, however, Boisjoly had not reached the level of action known as “whistleblowing”. Boisjoly was summoned to testify before a presidential commission, and he then revealed the events that preceded the disaster, and the fact that there was a history of O-ring failures in cold temperatures. Boisjoly’s candor before the commission raised ire in the upper echelon of Morton Thiokol, and he paid a price. When he appeared before the commission and told his story, Boisjoly departed from communication within approved intra-company channels. Had he done so prior to the launch, perhaps the disaster could have been averted. For those interested in deeper detail, there is much documentation on the incident and its aftermath. An Internet search will get you there rather easily. No one can reasonably argue that whistle blowing is not risky for the employee who does it. Retaliation is a distinct possibility. There is some legal protection for whistleblowers in New Jersey in the form of a Statute, 34:19-1, the Conscientious Employee Protection Act (CEPA). I was engaged as an Expert Witness in a case here in which an employee, a licensed professional engineer, was suing a company for wrongful discharge. He maintained that his discharge was retaliation resulting from him informing a local building code official of construction of a facility on an industrial site without benefit of a building permit. His firm had told him that it was their client’s decision to proceed along that course, and that it was none of his concern. Then his employer asked him to furnish resident engineering services at the site for the portion of the work being furnished by the company. When the engineer made inquiry at the municipal building department about the legality of this activity, the job was shut down until proper permits were obtained by the owner. In doing the research common to forensic assignments, it is necessary to review not only the files of the parties, but to look into areas of legal, professional and ethical behavior. In doing that, I became familiar with the CEPA. After reviewing a significant volume of documents, I was able to conclude that the engineer acted as required by ethics, and by the laws of the state of New Jersey. First of all, under the New Jersey Administrative Code that imposes legal duties upon you as a professional engineer, you will find: 13:40-3.1 Enumeration of prohibited acts
Then, having resolved that he had no legal alternative once he became aware of illegal activity, I looked at the ethical constraints, The Code of Ethics of the National Society of Professional Engineers states, in part: I. FUNDAMENTAL CANONS
II RULES OF PRACTICE
The Code leaves little doubt as to the appropriateness of his action, and gives support to his conduct. It is important to realize that the cannons of ethics of the appropriate professional societies are often introduced into matters of litigation, and should be taken seriously by all members. Lastly, CEPA sets down the standard against which both employee and employer conduct will be measured. It says: 34:19-3. Retaliatory action prohibited
The New Jersey case cited does not rise to the Challenger incident in dramatic impact, but it is a lot closer to an example of situations that our members might encounter. What to if the situation arises do is not simple to define. For the purist, it is “do the right thing”. For you, possibly a family man/woman with economic responsibilities to your family, it can be a daunting task to work through. In the case of the New Jersey PE, he did the right thing as he saw it, resulting in dismissal and a significant period of unemployment. While I don’t know the details, I was informed by council that his case was settled, resulting in compensation to him by his former employer, and that he was going on with his life. I was very proud of him, and pleased to be able to furnish a report that help resolve the issue. By the way, as a forensic engineer, there is also an ethical, professional and legal duty to be objective and truthful. In the case above, it was pleasant to have all of those criteria fall on the side of justice for the client. Professional Engineers Society Of Mercer County Celebrates National
Engineers Week
MATHCOUNTS! Regional Competitions
Recap
The Regional competitions have 5 parts: (part1) "Sprint" (40 minutes for 30 problems without calculators) and (part2) "Target" (4 sets of 2 problems, each for 6 minutes with calculators) rounds for all students and a (part3) "Team" round (20 minutes for 10 problems using calculators) for each school having 1 set of answers before a lunch break and the (part4) finals to select the day's best of the top 10 scoring individuals and (part5) the many purposed awards presentations in the early afternoon. NJSPE would also like to thank John Tardy for photographic work before, during and after! Louis A. Raimondi, P.E., P.L.S., P.P. Elevated to President-Elect of NCEESThe National Council of Examiners for Engineering and Surveying has elected NJSPE Member Louis A. Raimondi, P.E., P.L.S., P.P. as President-Elect. Mr. Raimondi is a professional member of the New Jersey State Board of Professional Engineers and Land Surveyors, having been appointed first in 1987 and serving until 1991. In 1994, he was again appointed to the Board as a Land Surveyor member and served as President in 1998-1999. Mr. Raimondi has had over forty years of experience in the civil engineering, land surveying, and land planning professions. He founded the consulting firm of Raimondi Associates in 1968, and served as President until 1998, when a merger created the firm of Azzolina, Feury and Raimondi Engineering Group, Inc. Mr. Raimondi is a graduate of New Jersey Institute of Technology with both Bachelor of Science and Master of Science degrees in Civil Engineering. Mr. Raimondi, in addition to his membership in NSPEl and NJSPE; is also a member of the New Jersey Society of Professional Land Surveyors; the New Jersey Society of Municipal Engineers; the American Institute of Certified Planners; the American Society of Civil Engineers; the American Congress on Surveying and Mapping; and the American Academy of Environmental Engineers (inactive). He holds licenses to practice Professional Engineering and Land Surveying in New Jersey, Connecticut, New York, and Pennsylvania, is a licensed Professional Engineer in Arizona, New Mexico, and Florida; and is a Professional Planner in New Jersey. The National Council of Examiners for Engineering and Surveying (NCEES) is a national non-profit organization composed of engineering and land surveying licensing boards representing all U.S. states and territories. NCEES is responsible for the preparation and scoring of the exams required for engineering and surveying licensure, providing exam information and study materials, maintaining a Records Program to facilitate the process of obtaining licensure in multiple jurisdictions, compiling and publishing licensing requirements of the various jurisdictions, and preparation of model licensure laws. NCEES exists to:
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