Vol. XXVI, Number 39
October 14, 2005

1015 15th Street, NW
8th Floor
Washington, DC 20005-2605
202-347-7474
Fax 202-898-0068
www.acec.org

E-mail acec@acec.org
Alan D. Crockett, Director, PR
Ann Brandstadter,
Editor/Designer

ACEC Means
Business

ACEC Bookstore Has All Your HR Needs

Be sure your human resources department is in the know. For all your HR needs, see the ACEC Bookstore at www.acec.org/publications or click here today!

Fair, Square & Legal: Safe Hiring, Managing & Firing Practices to Keep You & Your Company Out of Court, 4th Edition
Donald H. Weiss

$35

This a classic guide to maintaining a legally sound, ethically strong workplace.

Click here to order.

How to Develop Essential HR Policies and Procedures
John H. McConnell

$49.95

An expert's guide to handling one of HR's toughest and most important tasks.

Click here to order.

A/E Job Descriptions
$195

Do you struggle to come up with job descriptions for your staff? Save yourself time and aggravation with your copy of A/E Job Descriptions.

Click here to order.

The Hiring and Firing Question and Answer Book
Paul Falcone

$18.95

Fast answers to the most pressing questions about how to safely and effectively hire and fire employees.

Click here to order.

Don't forget to visit our "On Sale" section—great sales on ACEC books through October 31!

Where do engineers go to find their next jobs?

ACEC's
A/E Job Board

www.acec.org/jobbank/

Are your job openings posted there?

Still Time To Register For 2005 Business Of Design Consulting

October 26-29           Dallas, TX

Join us at the Fairmont Dallas Hotel for ACEC's flagship business management program the Business of Design Consulting.

This exceptional business management and leadership program shows participants how to consider new innovations, develop action plans, and apply what they learn at their own firms.

The seminar includes hands-on activities, extensive discussion and interactive workshops to help you get the most from this learning experience.

Early Bird Fees:
Members $1,395/Non-members $1,595

After October 17:
Members $1,595/Non-members $1,795

Click here for more information and to register.

Just Announced: 2006 North American A/E Leadership Retreat

December 7-9    San Diego, CA

Co-Sponsored by ACEC and AIA, this "focus-on-the-future for A/E executives" retreat will feature engaging ideas from leading A/E/C industry futurists.

Discussions will focus on preparation for changes that facility and infrastructure practitioners will face, such as global economic shifts and environmental fluctuations.

This highly-charged two-and-a-half day summit will prepare participants to handle the next one-, three- and 10-year cycles.

Early Bird Fees:
Members $895/Non-members $1,095

After November 10:
Members $995/Non-members $1,195

Click here for more information and to register.

Upcoming Online Seminars

October 18
Differentiation Workshop: How Are You Different and Why Does it Matter?
Mike Reilly, Reilly Communications

Click here to register.

October 19
Capitalizing on Your Ideas and Innovations
David Gallimore, VentureQuest

Click here to register.

October 25
Getting Outside the Box: Alternative Stock Plans and Equity Compensation
Colvin Matheson, CFA, Matheson Financial Advisors, Inc.

Click here to register.

 
Disaster Relief Contributions Sought For ACEC/Louisiana And ACEC/Mississippi; National Makes Initial Grants


ACEC Chairman Ed Mulcahy "encourages members to support the hardest hit state organizations."
Immediately after Katrina hit, ACEC took several measures to provide "emergency" support for affected firms in Louisiana, Mississippi and Alabama, including dues relief and facilitation of temporary employment and office facilities.

ACEC is now seeking nationwide support for added assistance to ACEC Member Organizations in Louisiana and Mississippi who are experiencing financial shortfalls. "I encourage members throughout the country to contribute to our hardest hit state organizations," said ACEC Chairman Ed Mulcahy.

"ACEC/Louisiana and ACEC/Mississippi have operating income challenges related to Katrina, and we are contributing $10,000 to Louisiana and $5,000 to Mississippi, in hopes that member firms and individuals will also make contributions."

In addition to direct contributions, ACEC President Dave Raymond said the Council is also working closely with the Member Organizations to make sure that ACEC firms are used to the maximum extent in the rebuilding efforts.

ACEC/Louisiana Severely Impacted


John Holtgreve, president of ACEC/Louisiana, says disaster relief fund "will help keep MO functioning."
ACEC/Louisiana has been the most severely affected ACEC Member Organization, with firms based in the New Orleans area not yet back on their feet.

The MO has established a "Natural Disaster Relief and Reserve Account" into which ACEC members throughout the country are encouraged to make contributions.

Warren Wilder, executive director of ACEC/Louisiana, said that the hurricanes, which "rocked the foundations of New Orleans, Lake Charles and just about all of southern Louisiana, will severely impact our dues for the 2nd quarter and most likely beyond."

John Holtgreve, president of ACEC/Louisiana, and executive vice president of Design Engineering, Inc.—a firm displaced by Katrina and re-established in Metarie, LA—said that "there are still over 25 firms that have not reconnected with ACEC/Louisiana, which is about 50 percent of the New Orleans chapter membership."

He added that "contributions to our special disaster relief and reserve fund will help maintain us as a functioning Member Organization" and that the initial ACEC contribution is "extremely generous and will be of tremendous help in keeping our organization functioning."

ACEC/Mississippi Also Toughing It Out


ACEC/Mississippi President Bob Eley says contributions will "lessen the blow."
ACEC/Mississippi, is also experiencing significant hardship. Judy Adams, executive director of ACEC/Mississippi, said that the hurricanes "have definitely had an adverse effect on our dues revenue, and we are toughing it out."

ACEC/Mississippi President Bob Eley said that he was encouraged by progress being made in the recovery effort, but anticipates "significant revenue shortfalls for an extended period of time."

He added that ACEC's grant "will go a long way towards lessening the blow for ACEC/Mississippi, and we are grateful to the entire ACEC family for your concerns and assistance."

Adams said that the MO was not establishing a separate fund, but will receive donations earmarked for Katrina relief.

Where To Send Contributions

Contributions to the ACEC/Louisiana fund should be made payable to "ACEC/LA NDRRA," referenced for Louisiana Disaster Relief, and mailed to: ACEC/Louisiana, PO Box 82859, Baton Rouge, LA 70884-2859. For additional information, email Warren Wilder at cecl@bbipmail.com.

Contributions to ACEC/Mississippi should be made payable to "ACEC/Mississippi," referenced for Mississippi Hurricane Relief, and mailed to: ACEC/Mississippi, 2084 Dunbarton Drive, Suite C, Jackson, MS 39216-5016. For additional information, e-mail Judy Adams at cecms@netdoor.com.

Member Action Needed On Legislation To Protect Katrina Contractors


Senator John Thune (R-SD) authored Katrina contractor bill.
ACEC and its industry allies are actively building support for legislation authored by Senator John Thune (R-SD) that would create new liability protections for firms participating in the recovery and rebuilding efforts following Hurricane Katrina.

ACEC members are being asked to contact their Senators today to urge them to cosponsor the Thune bill.

"Engineering firms and other contractors responding to the Katrina disaster should not have to face the increased risk of lawsuit simply for responding to the government's call for help," said ACEC President Dave Raymond.

"Senator Thune's bill is a common-sense approach to ensure that engineering firms can focus on what they do best, which is to help storm-ravaged communities to rebuild."

The Gulf Coast Recovery Act, (S. 1761), would expand the "government contractor defense" to contractors engaged in one of five Katrina reconstruction-related activities, including levee repair.

The government contractor defense creates a sovereign immunity type of protection for contractors who provide a service to the government in accordance with government specifications, as long as specific criteria are met. Normally the defense must be proven by the contractor, but the new bill creates a rebuttable presumption that it exists for Katrina reconstruction efforts.

The bill also gives the federal courts exclusive jurisdiction over any cause of action arising from Katrina-related work, and sets reasonable limits on any resulting liability, including provisions that preclude any recovery of punitive damages.

Click here for a sample letter. ACEC members are requested to print the letter on their firm letterhead, and fax the letter to their senators. Click here for contact information for your senators.

States Making Final Push For ACEC/PAC; Kentucky Hits PAC Goal, Twice!

Continuing the momentum of the successful fundraising effort at the Fall Conference, several State Member Organizations are making a last push to reach fundraising targets by the end of the year.

The following 12 states have already achieved ACEC/PAC fundraising goals for the year: Alaska, Indiana, Kentucky, Michigan, Montana, Nebraska, North Dakota, South Carolina, Tennessee, Washington, Wisconsin, and Wyoming.

ACEC/Kentucky has gone a step further, actually doubling its 2005 goal in dollars raised for ACEC/PAC.

A number of other states are coming close to reaching their annual goals, including Alabama, Arkansas, Maryland, Metro-Washington, South Dakota and Utah.

See the map below to view each state's progress in reaching its PAC goals. Click here for an update on your state's contributions to date. For more information on ACEC/PAC, contact Corie Simmons at (202) 347-7474 or csimmons@acec.org.

Status Of ACEC/PAC 2005 Fundraising

*Click on this image to view a larger version.

Register Today For The Annual Structural Engineering Convocation: The Radius of Risk

How important is risk management to your firm? With the proper risk management program you cannot only reduce the chances of being sued, but also can take on potentially risky projects that can yield a tidy profit if handled correctly.

Attend the CASE Risk Management Program Convocation, The Radius of Risk, Best Practices for Engineers and Project Managers, to be held November 4-5 in Dallas. Registration is $189.

Topics covered include:

  • How to negotiate onerous provisions out of your contract with the owner;
  • The steps to take before signing a contract for a potentially risky, but profitable project;
  • What contract language can be a dealmaker and what can be a deal breaker.
For program information and to register go to www.acec.org/case.

Supreme Court Wetlands Cases Of Interest To ACEC Members, Private Clients

The U.S. Supreme Court announced this week that it will render decisions on two wetlands cases that could significantly alter the extent to which the federal government can regulate the nation's wetlands.

ACEC client groups, including home builders and other developers, have argued for many years that federal agencies have overreached in their regulation of activities in and around wetlands. While the 1972 Clean Water Act gives federal agencies the authority to protect "waters of the United States", that authority has been extended to include adjacent wetlands; much uncertainty and dispute has arisen over the proper definition of "adjacent."

A 2001 Court decision introduced the concept that a "significant nexus" must exist between a wetland and a body of water, but continued uncertainty remains.

The Supreme Court agreed to hear two Michigan cases in which the Sixth Circuit Court of Appeals applied a broad interpretation of the Corps' jurisdictional authority. Both cases involve questions over the extent to which impacted wetlands are adjacent to larger bodies of water.

ACEC has been supportive of past efforts in Congress to address this issue. Congress attempted to weigh into the wetlands debate during the last major effort to reauthorize and update the Clean Water Act in the mid 1990s. While legislation passed in the House to create a more certain and definable process for identifying and regulating wetlands, it met heavy opposition from the environmental community and their supporters in the Senate. Since then, most of the action has taken place in the courts.

The case will be argued in early 2006 and a decision is expected by next July. ACEC is currently evaluating its next steps to support industry and client interests related to these cases.


Copyright © 2005 by the American Council of Engineering Companies (ACEC). All rights reserved. No part of this newsletter may be reproduced, stored in any form of retrieval system, or transmitted in any form or by any electronic, mechanical, photographic, or other means without the prior written permission of ACEC.


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