MINUTES
BOARD FOR PROFESSIONAL ENGINEERS
Date: April 9, 2009
Place: 3rd Floor Conference Room
500 North Calvert Street
Baltimore, Maryland 21202
Present: H. C. Harclerode, P.E., Chairman
Pastor Farinas, P.E., Secretary
Eugene C. Harvey, P.E.
Sallye E. Perrin, P.E.
Sandra J. Murphy
Others Present: Pamela Edwards, Assistant Executive Director
Milena Trust, Counsel to the Board
Shannon Davis, Outreach Coordinator
Dorothy Matricciani, Administrative Secretary
Robert Mead, Executive Director, MSPE
Absent: Steven A. Arndt, P.E., Vice Chairman
Rosalind L. Yee
CALL TO ORDER
Chairman Harclerode called the meeting to order at 9:00 a.m.
ACTION ON MINUTES
The minutes of the March 12, 2009 meeting were approved with corrections.
Ms. Perrin requested that it be noted in the Minutes that at a previous meeting, the Board agreed to prioritize its proposed legislation with the “continuing education requirement” and “retired status designation” having the highest priority.
APPLICATIONS APPROVED FOR RECIPROCITY
Motion (I) was made by Mr. Harvey, seconded by Ms. Murphy, and unanimously carried to approve 36 applications for reciprocity as follows:
Jack W. Anderson 36966 Joe A. Hall, Jr. 37043
Richard S. Asahi 36851 Michael J. Hearn 36294
Jeffrey N. Beeden 37034 Bill D. Hovis 37044
Jason L. Bialon 36947 Muhammed H. Islam 37045
Thomas P. Bianca 37000 Benjamin L. Kantor 37047
Board for Professional Engineers
Minutes – April 9, 2009
Page 2
APPLICATIONS APPROVED FOR RECIPROCITY (Cont’d.)
Pamela J. Burdell 36998 Louis J. Lagattuta 36994
Joni M. Calmbacher 36924 Louis J. Luglio 37030
Edward J. Carpenetti 36922 Robert H. Morecock 36957
Jeremy R. Cress 37036 Michael A. Mortarulo 37031
David C. Cooper 37037 Roger M. Natsuhara 37032
Cesar B. Daou 37035 John T. O’Melia 37029
Kenneth P. Delpercio 37048 Gerald C. O’Neill 37033
James A. Eder 37038 Craig D. Swift 37023
Meskerem Eshetu 36864 Shahid I. Talpur 37049
Robert P. Freud 37039 Meenakshi Venkatarman 36964
George Games 37040 John D. Vergeres 37008
Francis X. Giacoma 37041 Rory V. Walter 37050
Raymond A. Grill 37042 Gale A. Wright 37046
EXECUTIVE SESSION
Motion (II) was made by Mr. Harvey, seconded by Mr. Farinas, and unanimously carried to go into Executive Session at 9:50 a.m., at 500 North Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland, 21202. This session was permitted to be closed pursuant to State Government Article, Title 10-508(a)(7). Upon completion of the session, the Board reconvened its public meeting at 10:35 a.m.
COMPLAINT COMMITTEE REPORT
Mr. Farinas reported on the status of complaints and license reinstatement issues discussed by the Complaint Committee at its meeting on April 8, 2009.
05-PE-17: Still under review by Assistant Attorney General’s office.
07-PE-07: Under review by Assistant Attorney General’s office for possible Hearing.
07-PE-16: Cases still under investigation. Waiting for information on deposition case.
& 19
08-PE-04: Expert needed with experience in buildings of similar design to review design data.
08-PE-05: Assistant Attorney General will follow-up with expert witness.
08-PE-25: Investigation pending.
09-PE-03: Investigation pending.
09-PE-05: Information received on documents being reviewed, resigned and resealed. Close case.
09-PE-06: Consent Order signed; fine paid. Close case.
09-PE-07: Received response from engineer. No violation. Close case.
09-PE-08: Offer Consent Order and fine.
Board for Professional Engineers
Minutes – April 9, 2009
Page 3
The Complaint Committee reviewed five applications for reinstatement of license. The licenses were lapsed from three to five renewal periods. The Committee recommends requesting additional information from each applicant on how they have kept their engineering skills current during the time their licenses in Maryland were lapsed.
Motion (III) was made by Mr. Harvey, seconded by Ms. Perrin, and unanimously carried to accept the recommendations of the Complaint Committee.
NEW BUSINESS
· The Board discussed a letter from Jerry Carter, Executive Director, NCEES, dated March 18, 2009 regarding the equivalency of degrees from Washington Accord programs to those of degrees from EAC/ABET-accredited programs. The letter asserts that after evaluation of recently collected data on graduates from six of the eleven countries that are signatories to the Washington Accord, the Center determined that degrees awarded to many graduates of Washington Accord programs are not substantially equivalent to a degree from an EAC/ABET-accredited program. In addition, ABET does not conduct site visits to determine if these programs’ degrees are substantially equivalent to an EAC/ABET degree.
After discussion, it was decided that the Board would continue to accept only those programs from the Washington Accord countries that were a part of the Accord when the Board initially agreed to accept the programs as being equivalent to EAC-ABET accredited programs. This policy became effective May 1, 2005. Those countries are: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, and the United Kingdom. The Board asked Ms. Matricciani to contact ABET and inquire if there is a list of non-domestic engineering programs, specifically for Washington Accord countries, that ABET has found to be equivalent to U.S. EAC-ABET accredited programs after conducting site visits. The Board will re-address this issue when more information becomes available.
· Ms. Edwards said that she received an e-mail message from Bob Whorton, P.E., Compliance and Security Manager, NCEES dated March 10, 2009, advising that the Engineers’ and Land Surveyors’ Boards have been selected for an on-site audit of the PE and PS exams on April 24, 2009 and that a Board representative’s presence was requested. Mr. Harclerode said that he will represent the PE Board at the exam audit.
OLD BUSINESS
· Regarding establishing a policy to handle examination collusion reports from NCEES, Ms. Edwards said that she was not able to draft written procedures due to exam administration constraints. The Board agreed to defer this issue to the May meeting.
Board for Professional Engineers
Minutes – April 9, 2009
Page 4
· The Board discussed its proposed 2010 legislative package. Revised draft copies of the legislation from Mr. Arndt and Ms. Trust were reviewed and the Board decided that “continuing education” and the “retired status category” would take priority over “firm registration,” “waiving the FE exam when one has a Ph.D.,” and “requiring an engineering degree under Section 14-305(d).
Discussion continued on the topic of “firm registration,” and the justification for it. It was decided to contact the Consulting Engineers’ Council and the Maryland Society for Professional Engineers to get their input on this issue. Ms. Trust will send letters to invite Messrs. Mead and Otradovec to a Board meeting. Ms. Trust said that the Architects’, Land Surveyors’ and Landscape Architects’ Boards have firm registration and, at the present time, are discussing changing their laws to provide for greater enforcement capability. This issue will be deferred to the June Board meeting.
Motion (IV) was made by Mr. Harvey, seconded by Ms. Perrin, and unanimously carried for the Board to prepare bills on “continuing competency” and “retired status,” and further, to wait for the outcome on any possible changes to the Architects’, Land Surveyors, and Landscape Architects’ Boards’ firm registration law and then decide if the Engineers’ Board would like to follow suit.
Ms. Trust will send drafts on the “continuing education” and “retired status category” proposed legislation to the Board members for their review.
· Ms. Edwards said that the Request for Proposals (RFP) for a testing contractor is progressing. The three Design Boards, Landscape Architects, Land Surveyors, and Engineers’ Boards, agreed to a testing contractor and fee increase at their last Board meetings. She said that after the RFP leaves DLLR, it must still go through the Department of Budget and Management and The Board of Public Works. Ms. Edwards said she has an upcoming meeting as to further steps to be taken.
Ms. Edwards advised the Board that the Examination Coordinator position has been
vacated and that Ms. Linda Rhew, former Exam Coordinator for the Board and present Administrative Officer for the Certified Public Accountants’ Board, has offered her assistance with the upcoming exams.
Motion (V) was made by Mr. Harvey, seconded by Mr. Farinas and unanimously carried to thank Ms. Rhew for her assistance in conducting the April exams.
The Board questioned the excessive amount of time to secure a testing contractor and the following motions were made.
Motion (VI) was made by Mr. Harvey, seconded by Ms. Perrin, to cancel the October
2009 examinations if a testing contractor is not in place in time to administer these examinations.
Board for Professional Engineers
Minutes – April 9, 2009
Page 5
The motion was not carried by a majority of the Board by a vote of two for and three against.
Motion (VII) was made by Ms. Perrin, and seconded by Mr. Harvey, that the
procurement process be abandoned and that full-time, permanent State employees be hired to conduct the exams in-house. The motion was carried by a vote of three for and two against.
· The Board reviewed a chart supplied by Commissioner Loleas, containing a breakdown of the Design Boards’ Budget and explanation of each item. Since Mr. Loleas was unable to attend the meeting, the Board requested that he attend a future meeting to further discuss the budget.
· Ms. Edwards said that she has not yet received the letter from the Indiana Board that she was told would be forthcoming, concerning the issue of accepting verification of licensure and exams via the internet.
CORRESPONDENCE
· The Board reviewed a letter from an exam candidate, dated March 25, 2009, requesting that it waive the two-year waiting period after three exam failures. After discussion, the Board resolved to advise the candidate that it is constrained by the Engineers’ Law, Title 14-309(c) from waiving the two-year waiting period, and could therefore not accommodate the examinee’s request.
· The Board reviewed a letter from Doris I. Willmer, P.E., Chair, Special Committee on Bylaws, NCEES, dated January 16, 2009 containing information on amendments to the NCEES Bylaws that will be offered at the 2009 Annual Meeting. The Board decided to defer this correspondence to the June 11 Board meeting.
· The Board reviewed a letter from Edward L. Robinson, P.E., P.S., Vice President, West Virginia P.E. Board, dated January 30, 2009, endorsing Leonard “Joe” Timms, Jr., P.E., as a Northeast Zone candidate for the position of President-Elect of NCEES, and requesting the Board’s support in this endeavor. The election will be held during the upcoming Northeast Zone meeting in Norfolk, Virginia on April 16-18, 2009.
After discussion, Motion (VIII) was made by Mr. Harclerode, seconded by Mr.
Harvey, and unanimously carried to support Leonard “Joe” Timms, Jr., P.E. for the position of President-Elect of NCEES.
· The Board reviewed a letter from Jerry Carter, Executive Director, NCEES, dated April 2, 2009, requesting the name of the funded delegate to the NCEES Annual Meeting to be held in Louisville, Kentucky on August 12-15, and approved Mr. Harclerode for the position.
Board for Professional Engineers
Minutes – April 9, 2009
Page 6
Motion (IX) was made by Mr. Harvey, seconded by Ms. Murphy, and unanimously carried to appoint Mr. Harclerode as the funded delegate to the NCEES 2009 Annual Meeting.
APPLICATIONS APPROVED ADMINISTRATIVELY FOR RECIPROCITY
The following applications, supported by NCEES Model Law Engineer files, were administratively approved for licensure by the Acting Executive Director of the Board.
Ryan J. Anderson 36996 Martin S. Konikoff 37019
Marvin C. Bennett 36992 Simon W. Leland 37011
Christopher B. Cook 37007 Tracy J. Letzring 37012
Nizar F. Danial 37010 Brian L. Medcalf 37015
Michelle Depriest 36953 Oscar D. Moreno 36995
Eduardo DeSantiago 37027 Richard A. Palmer 36993
Mohammad R. Ehsani 37017 Robert P. Schulte 37056
Ghassan F. Elkhatib 36999 Michael L. Seidl 37025
James A. Faulconbridge 36991 Dimitriy Shif 37024
Arthur J. Fritsch 37009 Carl L. Snyder, Jr. 37028
Michael A. Hall 37004 Richard M. Thibeault 37026
Kirk A. Haverland 37005 William A. Turner 36997
Robert K. Hrabovsky 37001 Timothy A. Whitley 37002
Michael W. Kane 37018 Jerry T. Whitlock 37016
APPLICATIONS DENIED FOR LICENSURE BY RECIPROCITY
Motion (X) was made by Mr. Farinas, seconded by Ms. Perrin, and unanimously carried to deny two applications for licensure because the applicants did not meet the requirements for licensure in the State of Maryland.
ADJOURNMENT
Motion (XI) was made by Mr. Farinas, seconded by Mr. Harvey, and unanimously carried to adjourn the meeting at 11:55 a.m.
______With Corrections
_____X___ Without Corrections
Signed: Howard C. Harclerode, P.E.
Chairman
Board for Professional Engineers
Minutes – April 9, 2009
Page 7
Corrections to March 12, 2009 Minutes
Page 4, under Old Business, second item, second paragraph, revise first sentence to read: “A lengthy discussion ensued on the proposed legislation and changes to the Law, at which time the Board agreed to prioritize the legislation as follows: 1) continuing education; 2) retired status category; 3) modify Section 14-305(d) to require an engineering degree; 4) waive the FE exam for PE exam candidates who have an approved Ph.D. degree; and 5) Certificate of Authorization requirement for engineering firms.