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American Council of
Engineering Companies
Volume XXII, Number 23
September 7,
2001
1015 15th Street, NW Washington, DC 20005 202-347-7474 Fax
202-898-0068 www.acec.org
E-mail acec@acec.org
Francis George, Editor ___________________
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GA Report
This week's edition: September 7,
2001
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ACEC
Means Business
The Peer
Review Mirror
By Bruce Gilmore
Fifteen years ago, the general concern among principals was survival
and profitability. Our management concerns du jour are the same as
other industries in corporate America — recruiting and retaining employees
as well as using our people more efficiently. The ACEC Peer Review Program
holds a mirror up to our firms and shows them how well they are doing in
addressing these issues.
As a peer reviewer, I have seen firms conceptualize different methods
to retain employees. Teamwork, as a retention tool, seems to be very
effective. The team concept is similar to a sports team. Well-trained team
members strive for a common goal…to win! However, what about the players
in the background? During a peer review, we often find that they feel as
though they are to the work-force team what the water boy is to a sports
team.
Perhaps what is most important is to remember that you do not have to
treat all team-members equally, but you must treat all team members
fairly. To maintain an organization in which "one size doesn’t fit
all" is not easy, especially for engineers. We like things to fit nicely
and neatly into squares and boxes. Teamwork, however, requires a "balanced
imbalance." There must be leaders and there must be followers. However,
the key to making the team effective is to instill the mindset that the
team player is as vital to the operation as is the team captain.
The bottom line in finding out what employees want, is to ask your
employees! Organizational Peer Reviews are designed to help firms become
more effective by doing exactly that. Retention and effective teamwork are
only two of many issues that experienced, objective reviewers discuss
confidentially with your firm’s employees. Do something for your
firm…schedule a peer review today!
For more information on the Peer Review Program, contact Anna Johnson
(ajohnson@acec.org, 202-682-4349) at ACEC.
Bruce Gilmore’s firm was peer reviewed in 1986 and
he has assisted in over 19 peer reviews since 1987. He is the CEO of
Gilmore & Associates, Inc., in Columbus,
NE.
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Victories for CEC/Washington And Minuteman
Fund
ACEC’s Minuteman Fund, which supports state-level advocacy
efforts of national importance to ACEC, was instrumental in two
recent Washington State Supreme Court decisions that were favorable
to our interests. In both cases, ACEC and CEC/Washington had
submitted amicus curiae briefs to the court.
The most favorable of the two victories was the Lakeview
Condos case, in which the court--in a unanimous decision--upheld
the statute of repose. The same court had previously struck down a
medical malpractice state statute of repose.
Our second victory in Washington state was the court’s decision
regarding the AGRA-Heron Ridge case. This case dealt with the
constitutionality of limitation of liability (LOL) clauses in
contracts. The court upheld the contractual relationship between the
parties, but did not go the extra step of developing a statement
applicable to the constitutionality of LOLs in general.
CEC/Washington’s Executive Director Bill Garrity said, "We
appreciated ACEC’s willingness to jump into both of these battles
with us. These are perfect examples of how the ‘Minuteman Fund’
benefits the entire industry. With our first quarter dues billing
this year, we sent a letter to all members explaining how the "Fund"
works and how it has helped us locally. As a result of
that letter, I am happy to announce that we generated nearly a 500%
increase in contributions this quarter over previous quarters."
Last month ACEC provided all MOs with an updated one-page
description of the Minuteman Fund (previously called the
Legal/Legislative Fund) for use in soliciting contributions and
telling MOs how to seek assistance. The Fund represents one of the
most direct ways in which ACEC provides assistance to MOs for local
battles of national importance. It has been used successfully for a
host of initiatives by MOs nationwide to defend our front-line
business interests.
California
Judge Dismisses PECG Motion to Overturn Prop
35
This week, California Judge James Ford held a hearing in Dunphy
v. PECG and dismissed PECG's motion to stop contracting out for
design services by Caltrans, California's department of
transportation. This is a major victory for private engineering
firms battling California's incessant fight to diminish outsourcing
in the state.
Ford ruled that because the 1998 settlement agreement between
PECG (the organization of public engineers) and Caltrans was entered
into after Ford had entered his original 1998 ruling in this case,
PECG's motion for enforcement of that agreement was not properly
before the court. Ford stated that his role in the case basically
ended when he issued his 1998 ruling. He characterized the
subsequent agreement between PECG and Caltrans as "a stipulated
return the writ," that is, a kind of independent contract between
the parties.
Ford also made the following informal comments, which are
paraphrased here: "If PECG believes it has suffered an injustice as
a result of Caltrans' 2001 design contracts and wishes to pursue a
legal remedy, PECG would need to file a new and separate lawsuit
under breach of contract or some other legal theory. The likelihood
of PECG's success with such a lawsuit is low. The passage of Prop 35
has eviscerated my original 1998 ruling that Caltrans' contracting
out activities violated Article VII of the Constitution and
Government Code §19130."
At this point PECG could appeal Judge Ford's ruling or PECG could
file a new lawsuit or PECG could do both or neither.
"Few people would bet that PECG will choose the last option,"
said CELSOC Executive Director Paul Meyer. "All and all it was an
excellent victory today. This was the first legal test for Prop
35/Article XXII, and, hopefully, will set the tone for any future
legal challenges."
ACEC President Dave Raymond congratulated CELSOC on its latest
victory adding that, "The contracting out fight continues in many
states and the California success adds momentum to our
cause."
Former U.S. Transportation Secretary to Receive ACEC Award of
Merit
On September 21, at ACEC’s Fall Conference in Olando, former U.S.
Transportation Secretary Rodney Slater will be honored with ACEC’s
2001 Distinguished Award of Merit.
In 1997, Slater was unanimously confirmed as the nation’s 13th
Secretary of Transportation and served in that capacity until the
end of the Clinton administration in January 2001. Under his
leadership, the federal transportation budget doubled and in the
Department’s "best in government" strategic and performance plans,
the scope and definition of transportation was expanded to include a
focus on safety, mobility and access, economic development and
trade, environmental issues, and national security.
Currently a law partner in Patton Boggs’ public policy practice
section, Slater is the head of its transportation group in
Washington, D.C.
To register for this award ceremony and other optional functions
at the Fall Conference, refer to your conference brochure or visit
ACEC’s website at www.acec.org. Tickets for the Distinguished Award
of Merit Banquet are $80 per person; dress is black-tie optional.
Call ACEC’s Meetings Department (202-347-7474) for more information
or to add this function to your
registration.
Local Color Night – Downtown Disney® Pleasure
Island
Local Color Night at ACEC’s Fall Conference (Sept. 19-22)
promises to be a blast at the Rock ‘n Roll Beach Club, a three-level
club with interactive games, stage, and dance floor. Try your hand
at video games, darts or pool, or groove to classic Rock ‘n Roll
hits before sitting down to a sumptuous meal prepared by some of
Disney’s finest chefs.
At 9pm the doors open to other guests, but that doesn’t stop the
party! Feel free to stay on at the Rock ‘n Roll Beach Club, or go
"club-hopping" at some of the other nightspots within the complex.
Stick around until midnight for the nightly New Years Eve
Celebration, featuring dancers, fireworks, laser lights, and lots of
confetti! (After 9pm, transportation will be on your own. Disney
buses will take guests to Disney properties throughout the
evening).
Tickets for Local Color Night are $75 per person. To register for
this and other Optional Functions, refer to your conference brochure
or ACEC’s website, www.acec.org.
Call ACEC’s Meetings Department (202-347-7474) for more information
or to add this function to your registration.
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