THE DISCIPLINE FILE
Date: August 30, 2018
Case No.: 18-002 RDO
IN THE MATTER OF THE ENGINEERING AND GEOSCIENCE PROFESSIONS ACT, AND IN THE MATTER OF THE CONDUCT OF [PROFESSIONAL MEMBER A], P.ENG.
The Investigative Committee of the Association of Professional Engineers and Geoscientists of Alberta (APEGA) has conducted an investigation into the conduct of [Professional Member A], P.Eng., (the “Member”) with respect to a complaint initiated by [Complainant B], (the “Complainant”), who submitted the complaint on August 21, 2017. A. BACKGROUND The Complainant filed a complaint against the Member, alleging the Member did not report misconduct of another Professional Engineer (the “Other Professional Engineer”) to APEGA, therefore engaging in professional misconduct. The Complainant stated that she had a verbal agree- ment with the Other Professional Engineer to apply his electronic stamp and signature to documents and send the documents to a home builder without the Other Professional Engineer having reviewed the documents. The Complainant further stated that the Member knew of this arrangement. The Other Professional Engineer is a close relative of the Member and the Complainant. B. THE COMPLAINT The Investigative Committee conducted an investigation into whether the Member breached the APEGA Guideline for Ethical Practice (the “Guideline”) by failing to notify APEGA of improper authentication of documents procedures by another Professional Engineer. C. AGREED STATEMENT OF FACTS 1. The Member was a professional member of APEGA.
2. The Complainant had a verbal agreement with the Other Professional Engineer to authenticate documents on his behalf. 3. The Member became aware of the arrangement between the Complainant and the Other Professional Engineer beginning in 2010. The arrangement between the Complainant and the Other Professional Engineer to authenticate documents continued until August 2017. 4. The Member knew that the Complainant was applying the Other Professional Engineer’s electronic stamp and signature to two different types of documents, which were then sent to an Edmonton-area homebuilder without the Other Professional Engineer’s review. Both types of documents had an electronic image of the Professional Engineer’s stamp and signature. 5. The documents in question were: a. Manufactured Stone and Brick used in Exterior Wall Cladding System ; and b. Cover letters confirming that [Company C] (the “Company”) will produce drawings such as stairwell opening detail, lateral bracing detail and tall wall detail. 6. The use of manufactured stone and brick in residential construction is not covered under the Alberta Building Code as an exterior finish. The City of Edmonton requires the Manufactured Stone and Brick used in Exterior Wall Cladding System document to be authenticated by a Professional Engineer.
48 | PEG WINTER 2018www.apega.ca
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