Final word from engineers: Dolcetti hiring was okay

The leaked documents about the Dolcetti hiring posted earlier today by SooToday.com didn't tell the whole story.

In response to a request from our newsroom, Chief Administrative Officer Joe Fratesi has released subsequent correspondence showing that Professional Engineers Ontario was ultimately satsified that hiring a non-engineer to the position didn't violate the Professional Engineers Act.

The following is the full text of a letter sent by Fratesi on May 4 to Kim Allen, registrar and chief executive officer of Professional Engineers Ontario, followed by a reply received from Allen on the same day:

************************* Joseph M. Fratesi, B.A. LL.B. Chief Administrative Officer Corporation of the City of Sault Ste. Marie 99 Foster Drive P.O. Box 580, Civic Centre Sault Ste. Marie, Ontario Canada P6A 5N1

2004 05 04

Kim Allen, MBA. P. Eng. Registrar and CEO, Professional Engineers Ontario. 25 Sheppard Avenue West, Suite 1000 Toronto, Ontario M2N 6S9

RE: COMMISSIONER OF ENGINEERING & PLANNING POSITION

Dear Mr. Allen: Thank you for your response of May 3rd, 2004 regarding this matter. In particular I want to thank you for reviewing the revised job description which was sent to you.

You have pointed out two areas in the job description where minor amendments will avoid any future concerns about the duties of the Commissioner, if that person is not an engineer.

I propose to replace the two clauses that you refer to with the following:

- Manages engineering projects, including consultant studies and contracts

- Ensures that the short and long range engineering needs of the municipality have been identified and assessed by the appropriate engineering staff

I believe that these minor amendments to the job description will ensure that not only the intent and spirit, but also the letter of the APEO Code, is complied with.

As I indicated to you in my voice mail, I would hope to have this matter satisfactorily settled today and I therefore would appreciate receiving from you in writing comments on whether or not these minor amendments satisfy any concerns that the APEO may still have. Yours very truly,

Joe Fratesi, CHIEF ADMINISTRATIVE OFFICER.

c.c. Mayor John Rowswell, John Luszka, Commissioner of Human Resources

******************* Professional Engineers Ontario

May 4, 2004

Mr. John Rowswell, P. Eng. Mayor City of Sault Ste. Marie Civic Centre Court P.O. Box 580 Sault Saint Marie, Ontario P6A 5N1

Mr. Joe Fratesi City of Sault Ste. Marie Civic Centre Court P.O. Box 580 Sault Saint Marie, Ontario P6A 5N1

Re: Commissioner of Engineering and Planning position

Dear Sirs:

In response to your further correspondence of May 3, 2004 and May 4, 2004, regarding this position, we advise you that given the changes to the duties and responsibilities proposed by Mr. Fratesi in his letter of May 4, 2004, this position would not constitute the practice of professional engineering.

As such, it is not required that a professional engineer hold the position.

The definition of "the practice of professional engineering" in the Professional Engineers Act is precise and although it includes "directing" and "evaluating" as acts that constitute professional engineering, it does not include "managing" or "ensuring."

In addition, while section 12(3) of the Act allows a non-engineer to perform an act within the practice of professional engineering, it can only occur "where a professional engineer assumes responsibility for the services within the practice of professional engineering."

To summaraize, neither the position title, nor the revised description of duties as stated would offend the Professional Engineers Act.

However, if evidence were forthcoming to PEO that the incumbent was engaged in the practice of professional engineering, in circumstances where a professional engineer was not taking responsibility for the work, the incumbent would be subject to enforcement provisions of the Act.

Yours very truly, Kim Allen, P. Eng. Registrat and CEO

cc: Roger Barker, P. Eng. Deputy Registrar, Regulatory Compliance, Steven Haddock, Enforcement Representative, Regulatory Compliance

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