Last Word


________________________________________________________________________________________

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


 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.

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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