American Engineering Alliance Letters

1. A Letter From by Louis R. Comunelli, P.E. September 11, 1998
2. A letter to State of Idaho Board of Registration of Professional Engineers and Professional Land Surveyors.  December 17, 1998
3. A Letter to Governor, State of Idaho May 15, 1998
4. A Letter to Idaho State Bar Association, September 28, 1998
5. Engineering Voice, Progress Report.  Fall 1998
6. AEA Editorial, May 1999
7. Letter to the Idaho Office of Attorney General June 2, 1999
8. American Engineering Alliance Letter, Dated July 22, 1999
9. An Open Letter To All Engineers, June 15 1999

A Letter From Louis R. Comunelli, P.E.

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A Letter to State of Idaho Board of Registration of Professional Engineers and Professional Land surveyors.

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A Letter to Governor, State of Idaho

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A Letter to Idaho State Bar Association, September 28, 1998

American Engineering Alliance + Bowling Green Station+ P.O. Box 1446+ New York, New York 10274-1446+(212)-606-4053 September 28, 1998 Idaho State Bar Association 525 West Jefferson P.O. Box 895 Bosie, Idaho 83701 Re: Validity of the Idaho Engineering Licensure Law Dear Sir/Madam: There is a case in Bonneville County, number CV-97-2954, which will greatly affect the way the Engineering Professional is practiced, not only in Idaho, but in the entire United States. Ed Turner, P.E. a former City Engineer of Idaho Falls, Idaho alleges that he was constructively discharged because he refused to break the Idaho Engineering Licensure Law which prohibits signing and sealing plans over which and Engineer does not have responsible charge. Mr. Turner is suing the City if Idaho Falls, and the case is now in the Idaho Falls courts. It has come to our attention that Mr. Turner’s case is being summarily dismissed, not because of any defect in his arguments, but because the trial judge determined that the format in which Mr. Turner’s Legal Brief was deficient. Engineers throughout the United States are closely monitoring the results of this case because it has the potential to dramatically change the way they approach their legal obligations. The Engineering Profession sees itself as Society’s guardian of safety in public works and structures of any kind. They have gladly accepted the responsibilities conferred upon them by all the state laws governing their profession. The crux of each of these laws is that an engineer’s signature and seal on any plan or document is an assumption of full responsibility for that plan or document. Any dilution of this principle creates a serious defect in the system that is designed health, safety and welfare. Each state law intends that only a licensed Professional Engineer, and no one else, have full control over what is being signed be him/her. If this Professional Engineer does not, then someone else who is not licensed to do so, is practicing Engineering with out a license. Each state law provides that any Licensed Engineer taking part in such a scheme is in violation. Idaho State Bar Association September 28, 1998 The American Engineering Alliance is committed to promoting the ethical and competent practice of Engineering for the benefit of the Public Interest. The allegations in this case are too important to be brushed aside because of a questionable issue of technicality. Our purpose in writing to you is to be sure you are aware of the concern for Public Safety involved in this case, the far reaching effects of what is taking place in Idaho Falls, and to request that you investigate the necessity of either calling for the clarification or supplementing of Idaho law. Engineers from all over the country will be assessing what happens in Idaho. I pray the outcome is a reassurance for Public Safety and Welfare.   Sincerely, Louis R. Comunelli, P.E. Chairperson

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Engineering Voice,  Progress Report.

American Engineering Alliance Fall 1998 Progress Report by Louis Comunelli - Chairperson Liaison With Other Organizations There are two current instances where AEA has been networking with other Engineering organizations: In our efforts to support Ed Turner in his battle against those who would relegate Engineers to "Rubber Stampers", we have contacted over 25 Engineering Societies. Some of them have responded to us and have expressed a desire to work with us on mutual goals. We will continue to dialogue with them on a regular basis as much as possible. AEA has cooperated with the local New York City NSPE organization which is coordinating industry comments on a proposed New York City law aimed at licensing construction contractors. Case Update Case 98-2 Idaho Fall vs. Engineering The civil suit being brought against the City of Idaho Falls by Ed Turner, P.E. is still at the County Court level. The City is doing all it can to suppress a statement from the State Board for Engineering and Land Surveying, and a final determination from the State Industrial Board, both of which agree totally with Ed’s complaint. The local political establishment is not giving up easily. However they have no case, and Ed does! This is the ideal battleground for defending the authority of our Profession over Public Works and structures. It is up to each one of us to help the cause. If we do not help all we can with money and letters of support, we do not deserve to have the Engineering Profession elevated in stature. See the Public Relations Report for details on how you can help. A Final Note It isn’t often that an opportunity presents itself that allows us to defend our Profession, and at the same time strengthen our hand in dealing with the "powers that be" in our Society. However the Ed Turner case is just such an opportunity. The AEA as an organization can write letters, but written communications from a great many individuals can mean much more. If many of you write to Ed’s lawyer in support of his case, (if circumstances permit, include a check), and encourage your colleagues to do the same, the effort of such a campaign will reach far beyond Idaho Falls. In my personal recruitment efforts, I have come across the attitude in some Engineers that they require a perfect organization which has already achieved a raised status for Engineers, before the will consider joining us. That’s a heck of a lot of expectation for fifteen dollars a year! The truth is that a great many more members are needed who will part with a relatively small amount of money to help finance our operations. This is the only way we can succeed. I urge each one of you to challenge defeatist attitudes in your colleagues and become a recruiter, even of one other member. By doing this, you will help ensure our ultimate success. The Engineering Voice Summer 1998 Public Relations Report by Salvatore Galletta, P.E. These past several months AEA has concentrated its P.R. effort on publicizing the Ed Turner legal case in Idaho Falls, Idaho. As many of you know, Ed Turner has been engaged in a protracted legal battle with the City of Idaho Falls. He was forced to resign because he refused to sign and seal projects over which he did not have responsible charge. He acted ethically and professionally. His conduct is a shining example of true professionalism which all engineers should strive to emulate. The issues at stake in this case are so critical to the very survival of the engineering profession that AEA has committed considerable resources to seeing that Ed Turner prevails in his lawsuit. AEA has taken the lead in mobilizing support for Ed Turner within the engineering community. Our chairman, Lou Comnunelli, P.E. has sent several dozen letters to the presidents of various engineering societies urging them to publicize the Ed Turner case. Several AEA board members have made numerous phone calls trying to solicit support from key individuals and organizations. We have sent out a press release and mailed out information packets to journalists, newspaper reporters, various engineering societies’ publications. Some of the media that have received our information packet include Time, Newsweek, Wall Street Journal, NY Times, the major national TV networks and CNN. We intend to intensify our public relations effort until the mass media picks up this story and starts covering this very important case which has major implications not only for the engineering community but also to the public at large. We are in the process of creating a web page on our web site (www.AEAWORLD.org) dedicated exclusively to Ed Turner’s case. This web page will serve to publicize his lawsuit and educate engineers and the public about the issues involved in this case. We want to generate support not only within the engineering community but also the general public. The web page will report on the latest legal developments. Those of you who want to do something tangible to support Ed Turner’s fight for the profession, can write letters to some of the key players in this case or you can send contributions to Turner’s Legal Defense Fund (see below). With over 3 million engineers out there, if everyone sent $1 we would have a fund that would be substantial enough to defend Turner’s lawsuit and also other engineers who find themselves in similar situations. I have spoken to Ed about this and he would be happy to use the legal fund to help others in similar need. He also volunteered to speak publicly on these issues and to do whatever else he can to help defend our profession. I urge all of you to become involved and give whatever support you can. Ed Turner and the engineering profession need your help. Send contributions to: Turner Engineering Litigation Assistance P.O. Box 1341 Idaho Falls, ID 83403-1341 Dirk Kempthorne, P.O. Box 83720 Boise, ID 83720-0034 208-334-2400 The Post Register  Editor Jerry Brady 333 North Gate Mile Highway Idaho Falls, ID 83401 208-522-1800 KIFI TV Station 1915 North Yellowstone Idaho Falls, ID 83401  208-525-8888 Attorney General Alan Lance P.O. Box 83720-0010 Boise, ID 83720-0034 208-334-2400 KIDK TV Station 1255 East 17th St. Idaho Falls, ID 83404 208-522-5100

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AEA Editorial, May 1999

EDITORIAL May 1999 Dear Editor: I would like to bring to the attention of NYSSPE members a very important legal case now unfolding in Idaho Falls, ID. This case involves the issues of responsible charge, which goes to the heart of the Engineering Profession, Ed Turner, PE/LS, a member of NSPE, has been engaged in a protracted legal battle with the City of Idaho Falls over the past three years. Ed was the City Engineer for over 20 years until he was forced to resign for refusing to sign and seal projects over which he did not have responsible charge. He acted ethically and morally. His conduct was exemplary and highly professional. Until recently, Ed has been fighting the good fight on behalf of the Engineering Profession essentially on his own. His case did not achieve national prominence until ENR wrote about it back in April of 1998. Since then my colleagues an I have been working hard to mobilize support for him from the Engineering Community. We at the Queens Chapter have passed a resolution urging NSPE to become more actively involved in supporting Ed Turner. As we have repeatedly pointed out to both our National and State Society leadership, Ed Turner’s fight is our fight. He is battling for all of us. It behooves us to support him, not only because it’s the right thing to do, but also because it’s in our own best interest. The Engineering Community must stop retreating. We can no longer hide in a corner and ignore the attacks on our Profession. We must draw a line in the sand and that line goes through Idaho Falls. I urge all of my colleagues to speak up and become active. Grassroots effort is needed to encourage national support of this issue. Please make your voices heard both at NSPE and NYSSPE, Individual members can take positive steps to support Ed Turners battle by contacting public officials and/or sending contributions to his litigation fund. Sincerely, Salvatore Galletta, PE Dirk Kempthorne, P.O. Box 83720 Boise, ID 83720-0034 208-334-2400 The Post Register  Editor Jerry Brady 333 North Gate Mile Highway Idaho Falls, ID 83401 208-522-1800 KIFI TV Station 1915 North Yellowstone Idaho Falls, ID 83401   208-525-8888 Attorney General Alan Lance P.O. Box 83720-0010 Boise, ID 83720-0034 208-334-2400 KIDK TV Station 1255 East 17th St. Idaho Falls, ID 83404 208-522-5100

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A Letter to the Idaho Office of the Attorney General

AMERICAN ENGINEERING ALLIANCE Bowling Green Station * P.O. Box 1446 * New York, New York 10274-1446 * (212) 606-4053 * June 2, 1999 State of Idaho Office of the Attorney General Contracts & Administrative Division P.O. Box 83720 Boise, ID 83720-0010 Attention: Kay C. Manweiler, Deputy Attorney General Re: Invalidation of Idaho Law Governing Registration of Professional Engineers and Professional Land Surveyors Dear Ms. Manweiler: Thank you for your May 14, 1999 letter concerning the above subject. The American Engineering Alliance (AEA) is aware that the Board of Engineers is authorized and mandated to enforce the law entrusted to them, and that the Attorney General’s Office has not been requested to act as their agent. The purpose of our sending you a copy of our May 7, 1999 letter was not to elicit a reply from the Attorney General’s Office, but for the following two reasons: We believe that your office would have an interest regarding our observations, as a matter of the status of an existing law which may not be enforceable. We believe it is the interest of the Attorney General’s Office to monitor a situation which will indicate whether or not a State Agency is effectively carrying out its mission. For these reasons we would like to continue to copy you on correspondence of this nature. Please be assured that our correspondence will be addressed to the appropriate parties. If it is your desire that we not keep you informed in this manner, please let us know. Sincerely, Louis R. Comunelli, P.E. Chairperson cc: Dave Curtis, P.E., Executive Secretary to the Board Governor, State of Idaho Idaho Bar Association NSPE; ISSPE; NYSSPE; ASCE

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American Engineering Alliance Letter, July 22, 1999

AMERICAN ENGINEERING ALLIANCE Bowling Green Station * P.O. Box 1446 * New York, New York 10274-1446 * (212) 606-4053 * July 22, 1999 State Of Idaho Board of Registration of Professional Engineers and Professional Land Surveyors 600 South Orchard, Suite a Boise, ID 83705-1242 Attention: David L. Curtis, P.E., Executive Secretary Re: Invalidation of the Idaho Law Governing Engineers and Surveyors Registration (Idaho Code, Title 54, Chapter 12), Due to Judge’s Decision in Case No. CV-97-2954 Bonneville County FOLLOW-UP Dear Mr. Curtis: Thank you for your June 25, 1999 response to our letters. The language of the Judge in the Ed Turner case regarding defining and interpreting of the term "responsible charge" was quite clear to us, despite the opinion received from your legal counsel. Whether or not it will serve as a precedent is also a moot point. Please be assured that it is not our purpose to further debate these particular issues with the Board. However, I am saddened that you do not share our disappointment at the Judge’s ruling. It represents a potential time bomb that either may, or may not, blow up in the face of your Licensure Law, and has potential serious consequences for others States. As such, we feel it would be wise to take preventative action now, before it causes any further harm. The AEA has a keen interest in the outcome of the Turner case because of its wide ranging implications. We will continue to closely follow all aspects of it. The AEA stands ready to assist your efforts to preserve and strengthen the protection offered the public in the Idaho Statue. Please keep us apprised of your activities concerning the case, and let us know how we may be of assistance. Sincerely, Louis R. Comunelli, P.E. Chairperson cc: Governor, State of Idaho Idaho Bar Association Idaho Attorney General NSPE, ISPE, NYSSPE, ASCE

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An Open Letter To All Engineers

AMERICAN ENGINEERING ALLIANCE Bowling Green Station * P.O. Box 1446 * New York, New York 10274-1446 * (212) 606-4053 * June 15, 1999 An Open Letter To All Engineers Re: The Ed Turner Case - A Battle That Must Be Won Dear Colleagues: Ed Turner, P.E./L.S. was the City Engineer of Idaho Falls, Idaho serving that city for over 20 years. A new city administration demoted him to make room for a non-Engineer, but still required him to sign and seal plans over which he no longer had responsible charge. He refused because it was a clear violation of the Idaho Professional Engineer Licensure Law. Placed in this impossible situation, he was eventually forced to resign. For several years now, he has been engaged in litigation against those who are responsible for this injustice. The litigation highlighted situations endangering the entire Engineering Profession: A local government is endangering Public Safety by circumventing State Law which was specifically created to protect it. A trial judge decided that Licensed Professional Engineers do not have the authority to define the term "responsible charge", even though required by law to certify that they possess it when they sign and seal a document. A State Licensing Board, which has the responsibility of enforcing the law has not shown that it has the desire to do so, leaving the Public at unacceptable risk. It appears that the Engineering Profession either will not, or cannot defend itself against those who would turn it into a group of "rubber stampers". Make no mistake about it. We’re all in serious peril if the Ed Turner litigation is not seen through to completion. He needs money RIGHT NOW to continue the fight through a new lawsuit, which will rectify the damage thrust upon him in the first suit. The trial date is October 5, 1999. Each one of us has the obligation to be part of our Profession’s getting off its knees, its standing up for the Public Interest, and its demonstrating to the enemies of Public Safety that Engineers are not such an easy target. If we do not, we will lose even the little influence we still have. Please send a check IMMEDIATELY to: Turner Engineering Litigation Assistance P.O. Box 1341 Idaho Falls, ID 83403-1341 This contribution IS NOT Income Tax deductible. Even if you have previously given, please send another check! Louis R. Comunelli, P.E. Chairperson

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