Rhaoul A. Guillaume, P.E. Mark A. Jusselin, P.E. Roger D. Danzy, P.E. Ali M. Mustapha, P.E.

Transcription

1 MINUTES OF THE REGULAR MEETING LOUISIANA PROFESSIONAL ENGINEERING AND LAND SURVEYING BOARD BROOKLINE AVENUE, SUITE 1 BATON ROUGE, LOUISIANA 00-1 May -, At :0 a.m. on May,, the Chairman called the meeting to order at Brookline Avenue, Baton Rouge, Louisiana, with the following members present: Rhaoul A. Guillaume, P.E. Mark A. Jusselin, P.E. Roger D. Danzy, P.E. Ali M. Mustapha, P.E. Chairman Vice Chairman Treasurer Secretary Richard L. Savoie, P.E. Norma Jean Mattei, Ph.D., P.E. Miles B. Williams, P.E. James E. Bowie, Ph.D., P.E. Timothy J. Allen, P.L.S. Theodore H. Thompson, P.E. Also present: Donna D. Sentell, Executive Secretary D. Scott Landry, Board Attorney Victoria Hatton, Director of Enforcement Justin Owens, Board Investigator Tyson Ducote, Board Investigator Not Present: M. Ernest Gammon, P.L.S. The invocation was led by Mr. Savoie and the pledge by Dr. Bowie. The Board unanimously approved the motion made by Mr. Danzy, seconded by Mr. Allen, to add "Subsidizing the Intern Exams" to the New Business portion of the Agenda and to accept the May -, Call for the Meeting and the Agenda. The Board unanimously approved the motion made by Mr. Mustapha, seconded by Dr. Mattei, to approve the Minutes from the March -, Board meeting. by Mr. Savoie, to schedule the Board's next regular meeting for July 1-,. Enforcement Case #0-1- Mr. Owens reported on a licensed engineering firm who with an expired license for a little over years and months. The respondent has signed and returned the proposed Consent Order offered by the Complaint Review Committee. After discussion, the Board unanimously approved the motion made by Mr. Mustapha, seconded by Dr. Mattei, to approve the signed Consent Order. Case #- - Mr. Owens reported on a licensed engineering firm who with an expired license for over months. The respondent has signed and returned the proposed Consent Order offered by the Complaint Review Committee. After discussion, the Board unanimously approved the motion - I -

2 made by Dr. Bowie, seconded by Mr. Williams, to approve the signed Consent Order. Case #0-1 - Mr. Owens reported on a licensed engineer who (a) with an expired license for a little over 1 year and months and (b) aided or assisted his two licensed engineering firms in violating the laws and/or rules of the Board. The respondent has signed and returned the proposed Consent Order offered by the Complaint Review Committee. After discussion, the Board unanimously approved the motion made by Mr. Mustapha, seconded by Mr. Allen, to approve the signed Consent Order. Case #0- - Mr. Owens reported on a licensed engineering firm who with an expired license for a little over 1 year and months. The respondent has signed and returned the proposed Consent Order offered by the Complaint Review Committee. After discussion, the Board unanimously approved the motion made by Mr. Williams, seconded by Dr. Bowie, to approve the signed Consent Order. Case #0- - Mr. Owens reported on a licensed engineering firm who with an expired license for a little over 1 year and months. The respondent has signed and returned the proposed Consent Order offered by the Complaint Review Committee. After discussion, the Board unanimously approved the motion made by Mr. Mustapha, seconded by Dr. Mattei, to approve the signed Consent Order. Case #0-1 - Mr. Owens reported that an informal conference was held, but the matter has not been resolved. Mr. Owens recommended that the Board prefer formal charges against the respondent for the alleged violation of La. R.S. :(A)fl and (1) (i.e., practicing and/or offering to practice engineering in Louisiana with an expired license) and :(Al(1l (i.e., aiding or assisting another person in violating the laws and/or rules of the Board). After discussion, the Board unanimously approved the motion made by Mr. Williams, seconded by Mr. Jusselin, to prefer formal charges against the respondent as recommended and to schedule the matter for a joint hearing (with Case #0-1) on July 1, at :00 a.m. Case #0-1 - Mr. Owens reported that an informal conference was held, but the matter has not been resolved. Mr. Owens recommended that the Board prefer formal charges against the respondent for the alleged violation of La. R.S. :(Al(l and (1) (i.e., practicing and/or offering to practice engineering in Louisiana with an expired license). After discussion, the Board unanimously approved the motion made by Mr. Savoie, seconded by Mr. Mustapha, to prefer formal charges against the respondent as recommended and to schedule the matter for a joint hearing (with Case #0-1) on July 1, at :00 a.m. Ms. Celia Cangelosi entered the meeting at : a.m. Survey America case - Ms. Cangelosi briefed the Board on the recent settlement proposal from Survey America. Mr. Savoie made the motion to offer to pay $,000 in settlement. The motion failed for lack of a second. The Board approved the motion made by Mr. Williams, seconded by Dr. Bowie, with Mr. Allen, Mr. Williams, Mr. Jusselin, Mr. Mustapha, Mr. Danzy, Dr. Mattei, Dr. Bowie and Mr. Thompson for and Mr. Savoie against, to pay the $,000 settlement amount offered by Survey America and to pay court costs of$1,. - -

3 Ms. Cangelosi exited the meeting at :0. The Board recessed and reconvened at:0 a.m. Mr. Landry exited the meeting at :1 a.m. Mr. Gammon entered the mehmg at : a.m. Committee Reports Policy and Procedure Ad Hoc Committee The Board unanimously approved the motion made by Mr. Savoie, seconded by Mr. Williams, to adopt the following Board Member Compensation Guidelines. The guidelines will be utilized by Ms. Mayeux, or the current office accounting tech, and the Finance Committee when reviewing and approving expenses submitted by Board members. If necessary, Board members will be allowed to appeal the decisions of the Finance Committee to the full Board. Board Policy Board Member Compensation Adopted May, Service on the Board is one of the highest honors and privileges accorded members of the engineering and land surveying professions in Louisiana. The history of the Board is a long and honored one, and the traditions of the Board are founded on a commitment of service to the citizens of Louisiana. Compensation of Board members is tied to this tradition of service. It is the practice of members to consider the minor compensation allowed by law to be secondary to the privilege of providing responsible oversight to our professions. Many Board members consider this to be a voluntary position and receive little to no compensation relative to the amount of time they commit to the Board's work. To establish a better understanding for all Board members, past, present and future, on what both the practice and tradition of the Board is regarding compensation, the following guidelines were compiled: Compensation and reimbursement of expenses is based on time reported and documented expenses as submitted by each Board member. It is at the discretion of the Board member what they request for compensation up to actual time spent along with documented expenses within the applicable laws and rules. Traditionally, Board members often choose to be compensated for only a portion of the time they spend on Board work. The following are generally accepted times required to perform routine work of the Board: o Review of Applications minutes maximum (if more submit justification) o Committee Task 1 minutes maximum (if more submit justification) o Preparation for Board Meetings hours maximum (if more submit justification) o Attending Board Meetings 1 per diem ($0) per day maximum o Travel by state guidelines (reviewed by committee) o Mileage by state guidelines (reviewed by committee) - -

4 Other Compensation Considerations: o Reimbursement of fees to attend local professional/technical society meetings will be allowed if the Board member is representing the Board at the event. o Travel expenses to NCEES zone and national meetings will be paid according to state guidelines. o All other activities associated with "volunteer" work with NCEES (e.g., exam question development, exam review, NCEES committee work) are not compensated or reimbursed by the Board. Arrangements shall be made by the participating Board member with NCEES regarding these activities. The Board is interested in recording, documenting and reporting the amount of effort that Board members expend on Board work and the expenditures of the Board on each Board member's behalf. The following guidelines shall be followed to further this goal: By the end of each Board regular meeting, Board members shall report the hours they expended on Board work for the previous two months. This report shall include both hours for which compensation is requested and hours for which the Board member voluntarily works. It is not the intent of this item to create an undue burden of tracking and reporting for Board members. A reasonable estimate of time expended is acceptable. Board member reimbursement requests from the previous two months will be listed in the Board Meeting Documents under the Finance Committee report. This will lend transparency to all Board member expenditures. Board staff, as directed by the Chairman, shall generate reports documenting expenditures by Board members along with the amount of uncompensated effort expended by Board members. This information may be used by Board members and staff through the Journal or other means to communicate to the professions and the public the actual amount of effort the Board members expend on the public's behalf. The Board unanimously approved the motion made by Mr. Danzy, seconded by Mr. Williams, that Board members document time expended on the work of the Board by utilizing the compensation log and that this information be included in the Board book at each meeting. Chairman Guillaume charged the Law and Liaison Review Committee with reviewing and recommend changes to Rule 0 and La. R.S. :, where they conflict with the State Travel Regulations. Land Surveyine Committee The Board unanimously approved the motion made by Mr. Allen, seconded by Mr. Danzy, to approve $,000, above the budgeted amount of $,000 in account #, to fund an Item Writing Workshop for the Louisiana Laws of Surveying Exam on June -1, Enforcement (continued) Case #0-1 & 0' 1 -The Board unanimously approved the motion made by Mr. Mustapha, seconded by Mr. Danzy, to enter into executive session for deliberations. Mr. Mustapha, Mr. Danzy, Dr. Bowie, Mr. Guillaume and Mr. Gammon exited the meeting and did not participate in the deliberations. Ms. Sentell, Ms. Hatton, Mr. Owens and Mr. Ducote also exited the meeting. --

5 The Board unanimously approved a motion made by Mr. Allen, seconded by. Mr. Thompson, to end the executive session. Mr. Thomas Poole, Mr. Gilbert Buras, Ms. Cangelosi, Ms. Sentell, Ms. Hatton, Mr. Owens and Mr. Ducote entered the meeting. Respondents, their attorney and the prosecuting attorney all stipulated and consented to making the Proposed Findings of Fact and Conclusions of Law and Proposed Decision and Order as final, with the following modifications: o Poole Engineers is only guilty of violating Rule 01(C) due to its practicing or offering to practice engineering with an expired firm license as a sole proprietorship which did not bear Mr. Poole's full name o Reduction of the fine to $,000 o The modified Final Findings of Fact and Conclusions of Law and modified Final Decision and Order are final and non-appealable effective today and respondents are waiving their right to appeal or seek judicial review by Mr. Savoie, to adopt the Stipulated Findings of Fact and Conclusions of Law and Stipulated Decision and Order as final and non-appealable. The Board recessed at 1: and reconvened at 1:. Mr. Savoie and Dr. Mattei were not present. Liaison and Law Review Committee Mr. Landry entered the meeting at 1: and briefed the Board on pending state legislation of interest to the Board. Dr. Mattei entered the meeting at : p.m. Justin Owens and Tyson Ducote exited the meeting at : p.m. Enforcement Ad Hoc Committee Mr. Williams informed the Board that the Board's job posting for hiring the technical support staff person was in the most recent issue of the Journal. It was also suggested that Board staff notify professional societies of the job posting. The Board recessed at :0 p.m. in order to allow committees to meet and reconvened at : a.m. on Tuesday, May,. Education /Accreditation Committee Dr. Bowie made the motion, seconded by Dr. Mattei, to amend Rules 01(A)() and 1(C) regarding technology degrees. The Board unanimously approved the substitute motion made by Mr. Thompson, seconded by Mr. Mustapha, to table the previous motion. Chairman Guillaume charged the Liaison and Law Review Committee and the Education/ Accreditation Committee with working with the Board attorney on amending the laws and rules regarding technology degrees and making a recommendation at the July Board meeting. Ms. Hatton exited the meeting at : a.m. finance committee - -

6 I The Board unanimously approved the motion made by the Finance Committee to accept the changes made to the 0- Board budget. The Board unanimously approved the motion made by the Finance Committee to authorize Ms. Sentell to purchase four ( ) $0,000 certificates of deposit using funds in the checking account as well as funds from the three () certificates of deposit which mature on June 1, June and July,. Chairman Guillaume charged the Finance Committee and the Strategic Planning Committee with formulating a plan for the use of Board excess funds and with making a presentation at the September Board meeting. The Board unanimously approved the motion made by Mr. Danzy, seconded by Mr. Williams, to add $,000 to the budget in order to pay the Survey America settlement and court costs. The Executive Secretary is to work with the accountant to determine which account(s) should be used. The Board approved the motion made by Mr. Danzy, seconded by Mr. Thompson, to authorize the Executive Secretary to enter into a contract with Gator T to provide IT and desktop support. The term of the contract will be for one year beginning July 1, and ending June,, in the amount not to exceed $,000. The Board approved the motion made by Mr. Danzy, seconded by Mr. Thompson, to authorize the Executive Secretary to enter into a contract with Tri-Core, Inc. for network and website support and maintenance. The term of the contract will be for one year beginning July 1, and ending June,, in the amount not to exceed $,000. Enforcement (continuect) The Board discussed the Deepwater Horizon incident which occurred in April. The Board unanimously approved the motion made by Mr. Williams, seconded by Mr. Danzy, to authorize the Executive Committee to communicate the Board's interests and issues concerning the regulation and enforcement of professional engineering to the appropriate state and federal regulatory authorities and to the state and federal legislative and administrative bodies having regulatory oversight or interest in the incident and its impact on the State of Louisiana. The Executive Committee shall formulate and deliver said communication with no further authorization from the Board. The items of interest and issues to be communicated include: Regulation and requirements that apply to the engineered components of this facility Type and extent of engineering oversight and authority exercised at the job site, the site of fabrication and the areas impacted What local, state and federal regulatory authorities have jurisdiction relative to the practice of engineering? What entity will review and deter.mine whether applicable engineering require'ments and practices were implemented on this project? A copy of the letter will also be sent to the professional engineering licensing boards in the states of Texas, Alabama, Mississippi and Florida, Mr. Allen and Mr. Gammon exited the meeting at :00 a.m. by Mr. Danzy, directing Board staffin consultation with the Board Attorney to investigate the jurisdictional issues involving the professiohal engineering practice relative to the Deepwater Horizon incident and similar incidents with specific reference to how the Board should be involved in such incidents. The Board is interested in areas of its laws and rules which are relevant to this and similar incidents. The Board is also interested in determining how to coordinate investigative matters with other regulatory entities to ensure that a - -

7 comprehensive review of the engineered components of the facility is achieved. Chairman Guillaume charged the Enforcement Ad Hoc Committee with also being involved in the efforts referenced in the previous motion. The Board u~animously approved the motion made by Mr. Willia!"ls, seconded by Mr. Jusselin, that the 0.rd, through the Executive Committee, open dialogue with other state licensure boards and professional engineering regulatory authorities (including but not limited to Mississippi, Alabama, Florida and Texas) relative to the Deepwater Horizon incident. The Board recessed at :1 a.m. and reconvened at : a.m. Ms. Watts was present. Applications The Board unanimously approved the motion made by Dr. Bowie, seconded by Mr. Mustapha, to disapprove the application appeal of Mr. Anthony Huebel's Application for Licensure by Comity, as the applicant does not meet the educational requirements of the Board. The Board approved the motion made by Dr. Mattei, seconded by Mr. Williams, with Mr. Williams, Mr. Mustapha, Mr. Danzy, Dr. Mattei, Dr. Bowie and Mr. Thompson for and Mr. Jusselin and Mr. Savoie against, to approve the application of Mr. John Templeton for certification as an engineer intern. The Board recessed at noon and reconvened at 1: p.m. Ms. Watts was not present. Old Business Chairman Guillaume reviewed the notes from the March Board member continuity workshop and charged the Continuing Professional Development Committee with studying the feasibility of developing a website for licensees to upload CPD logs and documentation, as well as reviewing whether licensees at a certain age should be allowed to be exempted from the CPD requirements. Chairman Guillaume charged the Other Disciplines Engineering Committee and the Liaison and Law Review Committee with reviewing the industrial exemption. Chairman Guillaume charged the Liaison and Law Review Committee with discussing ways in which the Board can better communicate with the professional societies. Applications (continued) The Board unanimously approved the motion made by the Education/Accreditation Committee to approve the application of Ms. Amerson~ for certification as an engineer intern. New Business The Board unanimously approved the motion made by Mr. Mustapha, seconded by Dr. Mattei, to request approval of the NCEES Board of Directors for Emeritus Status for James D. Garber, Ph.D., P. E. The Board approved the motion made by Mr. Williams, seconded by Dr. Mattei, with Mr. Williams, Mr. Savoie, Mr. Mustapha, Mr. Danzy, Dr. Mattei and Dr. Bowie for and Mr. Jusselin and Mr. Thomson against, to budget $00 for designated representatives of the Board to be reimbursed for travel expenses. - -

8 Expenses must be for work associated with Board activities and must be approved by the Board. The Board unanimously approved the motion made by Mr. Jusselin, seconded by Mr. Williams, to hold the September -, Board meeting at the engineering college on the campus of LSU in Baton Rouge and for future September board meetings to be rotated between the seven universities with engineering programs. Chairman Guillaume charged the Strategic Planning Committee and the Finance Committee with meeting to discuss ways in which excess funds of the Board can be used for the licensees of the Board. Mr. Gammon and Ms. Hatton entered the meeting at :00 p.m. Closing Business The Board unanimously approved the motion made by Dr. Mattei, seconded by Mr. Mustapha, to approve all committee recommendations and actions. by Mr. Savoie, to acknowledge and confirm all licenses and certificates issued by the Board. The Board unanimously approved the motion made by Mr. Gammon, seconded by Dr. Mattei, to approve all Board expenses. by Dr. Mattei, to adjourn. The meeting adjourned at :1 p.m. on May,,. tf1jf::fhi Chairman Secretary - - -