Engineer Disciplined for Professional Incompetence and Professional Misconduct
A Professional Engineer was found guilty of professional incompetence and professional misconduct following a discipline hearing held on November 23, 2016.
The discipline hearing resulted from the Council of the Association of Professional Engineers and Geoscientists of Saskatchewan (APEGS) requesting the investigation of actions by James C. Hum, P.Eng. pursuant to section 32 of The Engineering and Geoscience Professions Act(the Act).
The APEGS Council met on October 11, 2013 and passed a motion requesting that the Investigation Committee initiate an investigation into allegations of professional misconduct and/or professional incompetence against James C. Hum, P.Eng. Council passed this motion with respect to the determination against James C. Hum, P.Eng. by a panel of the Discipline Committee of the Association of Professional Engineers and Geoscientists of British Columbia (APEGBC) on July 8 and 9, 2013 and the subsequent order on penalty and costs from APEGBC on August 27, 2013.
There were four cases of conduct examined by APEGBC. The APEGBC panel found that:
Guardrail Matter, the design of the guardrail did not comply with the BC Building Code and applicable CSA standards;
Wall Matter, James C. Hum, P.Eng.’s inspection was deficient and his opinion was based on insufficient data and analysis;
House Matter, the design of a retaining wall was grossly deficient and lacked necessary detail, there were deficiencies in the design with respect to seismic loads and there was insufficient geotechnical analysis with respect to the stability of excavated slopes; and Sign Matter, the design of the attachment of the sign to the building was deficient and incorrect analysis had been used.
The APEGBC Discipline Panel found that James C. Hum, P.Eng. was guilty of unprofessional conduct in his design, and to be non-compliant with the practice expected of a Professional Engineer practising in BC undertaking similar works at that time. The Saskatchewan Act does not use the terminology “unprofessional conduct.” However, the APEGS Discipline Hearing Panel is of the view that James C. Hum, P.Eng.’s conduct in BC falls within the definition of “professional incompetence” under the Act. The APEGS Discipline Hearing Panel finds that James C. Hum, P.Eng.’s actions in BC displayed a:
Lack of knowledge, skill and judgment; and
Disregard for the welfare of members of the public served by the profession of a nature and extent that the member is unfit to continue in the practice of professional engineering in Saskatchewan.
The APEGS Discipline Hearing Panel found that Mr. James C. Hum, P.Eng. is guilty of professional incompetence within the meaning of section 29 of the Act.
Further, the APEGS Discipline Hearing Panel is of the view that James C. Hum, P.Eng.’s conduct, as evidenced above, was in violation of section 20(2)(b) of the Regulatory Bylaws and found him guilty of professional misconduct.
The Discipline Panel made the following order:
James C. Hum, P.Eng. is hereby reprimanded for professional incompetence and professional misconduct.
James C. Hum, P.Eng. is hereby suspended as a member of the Association of Professional Engineers and Geoscientists of Saskatchewan, and is hereby prohibited from using the title “Professional Engineer” and/or “P.Eng.,” pending:
Compliance with existing disciplinary orders of APEGBC resulting in his being eligible for reinstatement as a member of APEGBC without conditions;
Compliance with existing disciplinary orders of APEGS and other jurisdictions resulting in his being eligible for reinstatement as a member in those jurisdictions without conditions;
Attendance at the Association’s Law & Ethics Seminar and successful completion of the Association’s Professional Practice Exam or similar exam administered by a Canadian provincial association of professional engineers, acceptable to the Association by December 31, 2017.
James C. Hum, P.Eng. is hereby ordered to pay a share of the investigation and discipline costs to the Association to a maximum amount of $10,000, to be paid within 90 days of the date of this order, in accordance with Section 35(2)(a)(ii) of the Act.
That the particulars of this disposition and sentencing be published in The Professional Edge, with names.
Failure to comply with any of the foregoing orders of the Hearing Panel shall disqualify James C. Hum, P.Eng. from being eligible to apply for reinstatement of his membership in the Association of Professional Engineers and Geoscientists of Saskatchewan and he shall remain suspended until the orders have been complied with.