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I. Purpose/Intent
In order to establish
and maintain a high standard of integrity, professional conduct
and skill in the art and science of Land Surveying, and to better
facilitate our obligation to promote the public health, safety and
general welfare of the citizens of the State of Wisconsin , we hereby
acknowledge and recognize the need to follow and consistently adhere
to a set of guidelines beyond those minimal requirements prescribed
by legal code or statutes.
Therefore, in order to
establish and maintain the aforementioned guidelines, this Code
of Professional and Ethical Conduct (the Code) shall be binding
on every member of the Wisconsin Society of Land Surveyors (the
Society) licensed to practice this profession in the State of Wisconsin,
as well as their agents, employees, officers or partners.
The Code as set forth
herein is specifically designed to safeguard the property and welfare
of the citizens of Wisconsin and its enforcement shall be construed
to be a reasonable exercise of the policies and by-laws vested in
the Board of Directors of the Society.
Any Society member who
holds a certificate of registration as a Land Surveyor from the
Examining Board of Architects, Landscape Architects, Professional
Engineers, Designers and Land Surveyors is hereby charged with being
knowledgeable of the existence of the Code and with understanding
its provisions.
II. Responsibility
to the Public, Clients and Society
A. The Land Surveyor in
the course of his/her duty shall understand that the safety, health
and welfare of the general public, and their opinions of our profession,
are dependent upon each Land Surveyor's actions and conduct in all
matters relating to this profession. Therefore:
1. A Land Surveyor shall
never purposely accept the minimum standards applicable to this
profession as his/her highest standard.
2. A Land Surveyor shall
be governed by the highest standards of ethics and integrity in
all relationships, including dealings with other professions, contractors
and trades, and shall also act in a professional manner in dealing
with his/her employee/employer.
3. A Land Surveyor shall
remember that the lands surveyed in the course of his/her professional
services affect not only the valuable assets and interests of each
owner/client, but also that of the abutting owners, both private
and public.
4. A Land Surveyor shall
not sign, stamp, approve or leave the impression of such approval,
any plat or other document related to the practice of Land Surveying
that does not meet accepted standards.
5. A Land Surveyor shall
not allow others to sign, stamp, approve or leave the impression
of such approval, any plat or other document related to the practice
of Land Surveying with his/her name or seal.
6. A Land Surveyor shall
not sign, stamp, approve or leave the impression of such approval,
any plat or other document related to the practice of surveying
for anyone else, where the field work or particulars behind such
a document are not derived from that Land Surveyor's personal knowledge,
actions or direction.
7. A Land Surveyor shall
not allow others to sign, stamp, approve or leave the impression
of such approval, any plat or other document related to the practice
of Land Surveying where he/she knows or has good reason to suspect
that the field work or particulars behind such a document were not
derived from the personal knowledge, actions or direction of the
claimant of same.
8. A Land Surveyor, upon
learning of a significant mistake or discrepancy in his/her services,
shall immediately inform his/her client(s) and employer(s) of any
potential consequences; and shall give notice, as appropriate, to
all other proper authorities, agencies or individuals as the situation
may warrant.
9. A Land Surveyor shall
not attempt to practice in any field of surveying in which he/she
is not adequately qualified.
10. A Land Surveyor shall
not deviate from the rules and regulations set forth for Land Surveying
and professional conduct in the State of Wisconsin nor for any other
state or jurisdiction where he/she may legally practice Land Surveying,
and endeavor always to remain current in said rules and regulations.
11. A Land Surveyor shall
recognize that the public interest requires that the cost of surveying
services be fair and reasonable, but is not the controlling consideration
in the selection of individuals or firms to provide these services.
12. A Land Surveyor shall
be truthful and straightforward in any professional report, statement
or testimony, whether or not under oath, nor shall he/she knowingly
omit relevant and pertinent information from such report, statement
or testimony when the result of such omission would or reasonably
could lead to a fallacious conclusion.
13. A Land Surveyor shall
not, as an expert witness before any court, commission or other
tribunal, express any opinion, unless it is founded upon adequate
knowledge of the facts at issue, and upon his/her honest conviction
of the accuracy and propriety of his/her testimony. Under such circumstances,
should his/her knowledge be inadequate, the Land Surveyor must so
cite his/her lack of adequate knowledge of the facts.
14. A Land Surveyor shall
not issue statements, criticisms or arguments on surveying matters
connected with public policy which are inspired or paid for by an
interested party, or parties, unless he/she has prefaced his/her
comments by explicitly disclosing the identities of the party or
parties on whose behalf he/she is speaking, and by revealing the
existence of any pecuniary interest he/she may have in the matter.
III. Responsibility
to the Profession
A. With an understanding
that the results of a Land Surveyor's services are a testament to
his/her professional competence, and that such results survive as
witness to it a long time thereafter, not only as it concerns the
public welfare, but for those present surveyors, and those yet to
come along, who must "follow in their footsteps," it is therefore
the Land Surveyor's obligation to the profession to promote, advance
and aid the endeavors of all Land Surveyors by maintaining the highest
levels of honesty, integrity, skill, education and professionalism.
Therefore:
1. Public Statements
a. A Land Surveyor shall
not engage in any public disputes, arguments or public controversy
with another Land Surveyor over fees charged or over other professional
practices, except as he/she may be required to testify before a
court of law or hearing conducted by the Wisconsin Examining Board
of Architects, Landscape Architects, Professional Engineers, Designers
and Land Surveyors, or by the Ethics and Standards of Practice Committee
of the Society.
b. A Land Surveyor shall
not publicly express an opinion on a Land Surveying subject unless
he/she is fully informed as to all of the facts relating thereto
and is competent to form a sound opinion thereof.
c. A Land Surveyor shall
not make any public statement about Land Surveying, Land Surveyors
or surveying practice, when such statements would tend to bring
discredit to the honor and dignity of the Land Surveying profession.
2. Conflict of Interest
a. A Land Surveyor shall
promptly inform his/her employers and/or clients of any business
association, interests or circumstances which could influence his/her
judgment or the quality of professional services.
b. A Land Surveyor shall
conscientiously avoid a conflict of interest with his/her employer,
but if unavoidable shall forthwith disclose the circumstance before
accepting any assignment.
c. A Land Surveyor shall
not accept compensation, financial or otherwise, from more than
one party for services on the same project, or for services pertaining
to the same project, unless there is full disclosure to any prior
consent of all interested parties.
d. A Land Surveyor's professional
judgement shall not be influenced by accepting any gratuities
directly or indirectly, from contractors, their agents or other
parties dealing with his/her client or employer in connection with
work for which he/she is responsible.
e. A Land Surveyor or
land surveying firm shall not solicit a professional contract from
a government body on which that surveyor or a principal or officer
of his/her organization serves as a member. Conversely, Land Surveyors
serving as members, advisors or employees of a governmental body
or department, who are the principals or employees of a private
concern, shall not participate in decisions with respect to professional
services offered or provided by said concern, to the governmental
body which they serve.
3. Personal Conduct
a. A Land Surveyor shall
conduct himself/herself in such a manner as the public has a reasonable
right to expect and demand of a professional person charged with
public responsibility.
b. A Land Surveyor shall
not act in a manner or engage in any practice which will bring discredit
on the honor and dignity of the Land Surveying profession.
c. A Land Surveyor shall
not falsify or permit misrepresentation of his/her, or associates
academic or professional qualifications; nor shall he/she misrepresent
or exaggerate the degree of responsibility nor the complexity of
previous assignments.
d. A Land Surveyor shall
not offer, give, solicit or receive, either directly or indirectly,
any commission or gift, or other valuable consideration in order
to secure work, nor make any political contribution with the intent
to influence the award of a contract by public authority.
e. A Land Surveyor shall
not attempt to injure, maliciously or falsely, directly or indirectly,
the professional reputation, prospects, practice or employment of
another Land Surveyor, nor indiscriminately criticize another Land
Surveyor's work.
f. A Land Surveyor shall
not knowingly associate with, or permit the use of his/her name
or firm name in a business venture by any person or firm which he/she
knows or has reason to believe is engaged in business or professional
practices of a fraudulent or dishonest nature.
g. If any Land Surveyor
having knowledge of, or adequate reason to believe, that another
Land Surveyor or surveying firm is in violation of any of the above
provisions, or of State Statutes or Administrative Codes, it shall
be incumbent upon that Land Surveyor to take whatever appropriate
action as necessary to uphold the integrity of the profession among
his/her peers and with the public. Said action may include, but
is not limited to, submitting a complaint to either the Ethics and
Standards of Practice Committee of the Society or the Wisconsin
Department of Regulation and Licensing.
h. A Land Surveyor shall
keep current on professional matters, particularly those relating
to laws and regulations.
ETHICS
AND STANDARDS OF PRACTICE COMMITTEE
John Kannard, Chair
P.O. Box K
Palmyra, WI 53156
(262) 495-4910
swse@kannard.com
Complaint
filed by:__________________________________________________
Name
Telephone
Address _________________________________________
Surveyor
Involved:________________________________________________
Name
Telephone
Address______________________________________
Nature
of Complaint (Attach additional sheets as needed):
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Please
enclose the following:
- Legal
Description of the property
- Purpose
of the survey
- Correspondence
between surveyor and complainant
- Date
of Survey
- Contract
agreement between surveyor and client
How
would you like to see the problem solved? What remedial action do
you think would be appropriate? (Attach additional sheets as needed):
_____________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
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