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Discussion |
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Determination
of whether there is a conflict of interest frequently
depends on the degree of influence you have as a professional,
and the extent of any potential benefit to you. For example,
suppose that a mutual fund you've selected for your Individual
Retirement Account holds some shares of Xerox Corporation.
Can you ethically engage in discussion of the purchase
of copy machines for your employer? Several aspects of
this situation suggest that this isn't a serious conflict
of interest. Even though a decision by your employer to
purchase or lease Xerox equipment would be expected to
benefit Xerox and consequently your own retirement fund,
the connection is remote and diffuse. You don't have any
controlling interest or significant influence on the management
of either the mutual fund or Xerox Corporation. Thus,
this situation does not present an actual conflict of
interest. If your influence and wealth grow to the level
at which your influence and potential return are substantial,
however, the possibility of a conflict of interest grows.
Politicians or directors of government regulatory agencies
often place their assets in blind trusts to avoid conflicts
of interest between their political and regulatory duties
and the businesses they affect.
Here's another situation: Suppose your spouse owns a construction
company. Can you ethically participate in the selection
of a contractor to build your company's expansion facility?
Here, the connection between the decision process and
the potential payoff to you is much more obvious. If the
contract is awarded to your spouse's company, the economic
impact on your own family could be significant and immediate.
At the very least, your associates involved in the selection
process should be made aware of your family connection
with one of the bidders. Most likely, you should be excluded
from the decision process.
Here is another case in which an engineer may be personally
affected by his professional decision: http://www.onlineethics.org/.../DisclosureBER.aspx.
In this hypothetical case, an engineer is asked to study
and report on a highway project being considered for an
area near his home. The study will likely affect the property
value of his home and his residential environment, presumably
offering easier access to the highway and increasing local
traffic and noise. What are the obligations of the engineer?
Certainly, reporting the proximity of the project to his
home should be an obligation under this Canon. At a minimum,
even apparent conflicts should be acknowledged. However,
going a bit further, when is the conflict so great that
the engineer should decline the assignment?
If you are involved in large public works projects in
your own community, they might frequently affect you personally.
But we don't generally expect that only engineers who
live elsewhere should work on public projects. In fact,
it's probably better that those who contribute to the
decision-making process experience the consequences of
their decisions.
There may be situations in which the consequences are
more immediate and severe, however. If, for example, a
proposed highway would cut across your property, or a
proposed landfill would be across the street from your
house, you probably should not make the site decision,
although your input might be very valuable to local community
organizations. As a general rule, if your professional
judgment could be significantly affected because of the
potential consequences to your personal situation, you
should make these circumstances known and remove yourself
from decision-making authority. |
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