Land Surveyor used my licence on plans. What to do? 5

[DGCIVIL]

I worked as a contract employee for 2 months last year for a Land Surveyor who had some Civil Engineering work. I found out last week that this person had used my licence to submit plans with my electronic signature and stamp even dating the plans and attaching a "Declaration of Charge" statement above my signature. I never reviewed the plans. I never also gave permission to use my stamp and signature on any project that I did not have responsible charge. I am really not sure how many plan sets or reports were submitted with my stamp on them. The individual has been unclear on this when confronted. The Board has informed me that this is violation of the Professional Engineer Act and that it amounts to at least 4 Felonies. The Board feels that I should proceed with a complaint to the Board and filing charges with the local police department. Is there any other way to resolve this matter or is my only recourse to follow the Boards direction in order to protect my stamp?
DG

 

[IRstuff]

How did this person get your signature and stamp?

Given this person's lack of response, I would think that you should ask again, and warn that the next step is the complaint.

Just bear in mind that you are technically responsible for your stamp and signature, and you'll probably need to demonstrate that you maintained control to the best that you could have.

TTFN
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[DGCIVIL]

This person had my stamp and signature in the companies electronic files since I signed and stamped documents while working with this organization. I am not sure this is lost control but I see first hand the dangers of electronic stamps and signatures.

 

[TheTick]

so... felonies were committed... and you want to be complicit in the commission of these felonies by not reporting?

 

[DGCIVIL]

TheTick,
Point well taken! I of course want to do what is right! I just realize going the course will drop a huge hammer on the individual and his family. Mic 6:8
DG

 

[MintJulep]

Not reporting leaves that big hammer squarely over you and yours.

 

[MacGyverS2000]

The guy knew what he was doing was wrong, else he would have 'fessed up immediately and asked "Why, is that a problem?". As such, I would have no compunction about turning him in to the board and making damn sure they understand you were not complicit in anything. Even the hint of otherwise means you will be dragged into a civil case (and possibly a criminal one if there is bodily harm) at some point in the future.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[zdas04]

Therein lies the problem with putting your stamp and signature in a CAD program. I use electronic signatures with graphic images included, but only in software that tracks and displays date, time, IP address, and verified user name. While that wouldn't prevent someone from reproducing your stamp and signature in their own graphics file, it would display the metadata that could prove counterfeiting.

David Simpson, PE
MuleShoe Engineering

In questions of science, the authority of a thousand is not worth the humble reasoning of a single individual. Galileo Galilei, Italian Physicist

 

[zelgar]

Since you've contacted the Board and they've made their recommendations, I think you better be moving fast to follow them. The LS knew what he was doing was unethical and illegal at the very least. Don't jeopardize your career and PE over his lack of ethics.

In addition to following the procedures the Board has listed, you may wish to hire an attorney.

 

[KENAT]

Follow the boards advice, or if you have the $ & inclination contact a lawyer to help you submit your complaint to try to cover your a$$ as much as possible.

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(probably not aimed specifically at you)
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[TheTick]

Since you played the Bible card...

Don't forget that law and justice in ancient Israel were dispensed by judges. Mercy meant allowing the judges to decide, and not to start a personal blood vendetta.

 

[FreddyNurk]

Don't forget to consider if they're also a regulated profession (i.e. MRICS or similar, its obviously location and jurisdiction dependent) then you should be considering reporting the issue to them as well. If they're happy to ignore all the constraints for civil engineering requirements, chances are they're not doing what they're supposed to as a surveyor either, and the relevant body should be advised.

Macgyvers2000 is entirely correct regarding the consequences, they were more than happy to throw you under the bus, no point in taking the fall for them.

 

[Ron]

Shortly after you finish kicking his a$$, report him.

 

[beej67]

Ron getting a little feisty this morning.

All the above advice about calling the cops is correct, but I'd like to point out that "don't use an electronic stamp" is pretty naive in the modern age. I have photoshop, and I know how to use it. If I wanted to steal someone else's stamp, I could very easily do so with nothing more than a copy of a stamped plan that I could scan and manipulate. What prevents me from doing so isn't the nature of the stamp. What prevents me from doing so is my code of ethics. For those without ethics, the second and final line of disincentive is legal action.

Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[TheTick]

I would have an attorney assist with filing charges and making reports. Make sure that the report gets read by the district attorney, not just the police. Attorneys listen to attorneys. They don't always listen to civilians.

 

[JStephen]

If it's just some Joe Blow, he can plead ignorant, but a licensed surveyor ought to have a pretty good handle on how this regulation business works, so I wouldn't feel bad about filing away.

 

[lacajun]

It seems what others are trying to tell you is to not assume any responsibility for his responsibilities. I would also follow TheTick's suggestion to get an attorney and for those very reasons.

Pamela K. Quillin, P.E.
Quillin Engineering, LLC

 

[Canuck67]

In my jurisdiction, one would report the illegal use of an engineers seal to the local professional engineering association, along with any supporting documentation. The engineering board would investigate and where warranted commence legal court proceedings against the person and company responsible for illegally using your seal. There have been several successful cases prosecuted in my area recently that have resulted in $5,000 to $10,000 fines for the individuals and companies. The legal team is provided by the engineering association, they are there to represent you and protect the profession.

This would not preclude you from hiring your own attorney to represent you if you wish. Perhaps your lawyer would start with a letter to the offending party, cc'd to your engineering board and also cc'd to any professional organization that the offending party belongs to. Your lawyer starts the process and hopefully your engineering board's lawyers take over from there, thus saving you legal fees in the long run. You need to be assured that all projects with fraudulent seals are identified, owners and building departments informed and all fraudulent documentation recalled/destroyed.