May 28, 1999

Mr. Andrew S. Haimes, P.E.

President - NYSSPE

NYSSPE Headquarters

150 State Street

Albany, NY 12207-1690

Dear Mr. Haimes:

The subject of Mr. Ed Turner, PE/LS and his legal fight with the City of Idaho Falls, Idaho has been discussed repeatedly at both our New York City Chapter meetings and our Metropolitan Chpater President’s Council meetings.

Mr. Turner was forced to resign his position as City Engineer when he refused to sign and seal projects over which he did not have responsible charge. He subsequently sued the City of Idaho Falls for wrongful termination and breach of contract. The lawsuit failed and the City in turn countered to recover $93,000 in court costs. Faced with the prospect of protracted legal battles and personal financial ruin, Mr. Turner settled with the City on terms favorable to the City.

During the litigation that took place the presiding judge in the case apparently addressed the issue of "responsible charge". Our understanding is that the judge took the position that only a judge can determine what constitutes "professional performance" of an engineer’s job.

We in New York City are extremely disturbed by this position and the precedent it creates. The issue of responsible charge should be defined and determined by a state education department and a licensing board, not by a judge.

Furthermore, only another licensed professional engineer is capable of determining what constitutes the "professional" practice of engineering. We agree that professional opinions may vary (hence, Lawsuits). Lawsuits however are judged based upon a consideration of the merits of the case as presented by professionals, not upon a judgement of what is "professional" made by a person not licensed in the practice of engineering.

We believe that the precedent set in this case is damaging to the profession and must be addressed by the Society at the state and national level.

Very truly yours,

Frank Diaz-Balart, P.E.

President

New York Chapter

New York State Society of Professional Engineering

37 Edgewood Ave

Larchmont, NY 10538