Page 26 - 2022- 49.3
P. 26

Personal Ethics –                                       We give him a nickname and talk to each other privately
                                                                about his shoddy work, but that’s about it, and that doesn’t
        Turn ‘Em or Not?                                        accomplish much.  In 2016 I floated the idea of establishing
                                                                a NALS Professional Practice Committee to look into these
                                                                types of things and felt a shocking amount of backlash.  The
        By: Carl R. C.de Baca, PLS                              members spoke up at chapter meetings and claimed that I
                                                                was trying to organize a lynch mob, while the Board thought I
                                                                was trying to usurp their authority.  Neither was true – not by
                                                                a long shot.  I simply thought that a committee of peers might
                                                                be able to review the facts and if warranted, try to persuade a
                                                                non-surveyor to comply with the law without having him face
                                                                a formal complaint.  If the offender changes his ways without
                                                                facing a disciplinary action, everybody wins - the pubic, the
                                                                surveyor in question, the profession as a whole, and the Board.

                                                                Oh well, I’m not getting on that soapbox again.  Instead, I
                                                                am just asking each of you, does the reluctance to report an
                                                                apparent violation mean that the prevailing sentiment in our
                                                                profession is that another surveyor’s non-compliance and
                                                                the concomitant injury to the public is none of our business?
                                                                If Brand X Surveys is making a mockery of the law and local
        Okay, let’s roll up our sleeves, unbutton our collars, and have   practices, do we just shrug and go on about our work?   What
        an unpleasant discussion.  Let’s say you have knowledge of   are the ethics of that attitude?
        one of your peers violating one of the statutes governing
        Surveying.  The most obvious violations are setting (or not   If I understand this sentiment correctly, filing a complaint is
        setting monuments) and failure to file a record of survey.  What   too extreme, and creating a Professional Practices Committee
        do you typically do?  What are you obliged to do, either legally   is somehow worse.  Okay, how about this – call “that guy” and
        or ethically?  What does it say about your notion of leadership   ask him when you might expect to see his missing Record of
        in your profession if you stand by and let another person cheat?  Survey.  Take a leadership role, offer some advice and point
                                                                him to NRS 625.340 and note the common English meaning of
        Do you say something, i.e. file a complaint with the Board,   “shall” is not the least bit ambiguous. If this advice is accepted,
        or turn away, content in the knowledge that you set the bar   great. If not, the Board is waiting to take your call.  You owe it
        higher for yourself and your staff?  Ignoring an offender,   to the to the profession and to the public to support the honest
        especially a serial offender, feels to me a bit like aiding and   and competent practice of Land Surveying.
        abetting.  Although that is term reserved for criminal charges
        and required actual complicity in the violation, rather than mere
        knowledge of it, the term still seems apt.

        No matter where you practice, there is always going to be “that
        guy”.  You know who I am talking about - the person who never
        sets their monuments, or sets monuments but never files a
        record of survey, or files a survey that throws all the other
        surveys in the area out of whack with its unusual take on what
        constitutes a section corner.  For reasons that escape me, “that
        guy” seems to always have a long and robust career, never runs
        afoul of the Board and never shows any interest in improving
        the quality of his work.  Do we collectively make allowances
        for “that guy”?  Do we feel sorry for him somehow, or enjoy his
        company at the bar so much that we can’t bring ourselves to
        intercede?  How did this surveyor’s questionable behavior come
        about? Who taught him in the first place? Who was his mentor
        - anyone?

        From my time as a practicing Nevada LS and especially in
        my years as an officer in NALS, I have seen first-hand the
        reluctance to report a peer to the Board for apparent violations.
        24 The Nevada Traverse Vol.49, No.3, 2022
   21   22   23   24   25   26   27   28   29   30   31