MAY 2005 ISSUE
COUNCIL BRIEFS
Strategic Plan Consultation Generates ‘Thoughtful Comments’ From Members
The following news items were gathered from the final APEGGA Council meeting of the 2004-2005 term, April 22 in Calgary. The next meeting – the first for the 2005-2006 Council – will be held Thursday, June 16, at the D.A. Lindberg Conference Centre at the APEGGA Head Office in Edmonton.
Councillors will “discuss, tweak and finalize” a new APEGGA Strategic Plan during a May retreat, says a report of the Strategic Planning Task Force. A final version will likely come to Council for approval in June.
The current draft incorporates changes that come out of a consultation process involving The PEGG, the e-PEGG and randomly selected member e-mailings.
“Although the number of respondents is small, it is noteworthy that the vast majority were positive about the strategic plan and the concepts put forth, and did take the time to make thoughtful comments,” says the task force report.
The draft looks at such areas as guiding principles, issues facing the professions, leadership, upholding professional practice, and communication and consultation. It’s considered a roadmap — updated every two or three years — for the next 10 years of the Association’s business.
See separate story on page 5 of The PEGG. (click here for online version)
Council
Revisits Naming Policy
Under what circumstances should disciplined members be named in The PEGG? Council answered the question over five years ago by creating a policy of always naming names, once appeals are exhausted or the appeal period has expired.
But three statutory groups have now weighed in on the policy — none of them favourably — and Council is debating whether it should take a different approach. The Appeal Board, the Investigative Committee and the Discipline Committee each came up with a different version of the policy for Council to consider.
The current policy applies whether a member receives something as minor as a reprimand or as severe as a suspension of registration. It increases the punitive effect of penalties and also eliminates any appearance of bias for or against a disciplined member.
At the same time, however, it removes a discretionary power from the Discipline Committee, and doesn’t distinguish between minor and major offences. There’s been a side-effect, too —members are now more likely to fight a complaint because there’s a chance they’ll win and keep their names out of print.
Through a process much like plea bargaining in the justice system, recommended or stipulated orders were more common before the policy came into effect. Members and the Investigative Committee would more often agree to a statement of facts and penalties, without an actual hearing being held. If the Discipline Committee agreed, the matter was settled.
The Discipline Committee has no problem using its discretion. Its report to Council says: “The Discipline Committee views the publication of a member’s name as a form of sanction. It recognizes that members also see publication of their names as a sanction. Certainly, in cases where findings against a member are minor, the publication of a member’s name may be a disproportion-ately severe penalty.
“The Discipline Committee suggests that publication of a member’s name be done with discretion and further suggests that the body hearing the matter is in the best position to exercise that discretion.”
Council wants the three committees to agree on a recommendation and send representatives to the June meeting for further discussion.
Technically, all the names are public information. There’s nothing to stop media outlets from attending a Discipline Committee hearing and publishing whatever they consider newsworthy. In practice, however, the media rarely show any interest.
Geoscience Funding Increased
APEGGA has always been the country’s key supporter of the Canadian Council of Professional Geoscientists, in a financial and moral way. That support continued with APEGGA approving $71,850 in new annual funding for the CCPG.
“If there had not been support from APEGGA, there simply would not be a CCPG,” said Gordon Williams, P.Geol., the group’s outgoing immediate past-president. “I can’t be more fulsome in my praise for my Association,” added the APEGGA member.
A letter from CCPG President Marc Boivin, Geo., said the eight-year-old organization has been almost entirely volunteer-run. It has no paid staff other than part-time secretarial and accounting help.
“Our volunteers have worked very hard, but lack of funds and lack of staff have been constant headaches,” says the letter. The CCPG Board of Directors is seeking $16.70 per licensed geoscientist in Canada to raise $142,045 for its own office and a part-time executive director.
More than half of the 8,500 licensed geoscientists in Canada are APEGGA members. CCPG, incorporated eight years ago, exists to develop consistent high standards for the licensure and practice of geoscience, to promote the recognition of Canadian professional geoscience, and to facilitate national and international mobility.
Mobility — the ease of professional recognition from one jurisdiction to another — is a big issue for geoscientists, because they often cross borders for brief work periods. “The whole issue of multiple jurisdictions is not going to go away. In fact it’s going to get worse,” said Mr. Williams.
Audit Committee Takes Shape
The money-minded committee that looks ahead should not be the same one that looks back — that’s the philosophy behind APEGGA having separate finance and audit committees. Council examined terms of reference for both committees, and discussed possible problems with definitions and overlapping areas of work.
The main role of the Finance Committee is to examine budgets and budgeting. The new Audit Committee’s job, on the other hand, is to look at how spending has actually occurred.
Public Member Bill Grace, FCA, who chairs the Audit Committee, said parts of the terms of reference of the two committees overlap. Their roles should be distinct, he said. “You can’t have two committees with the same words in their terms of reference.”
Wordings and definitions are still being reviewed. Both committees are standing committees of Council, requiring appointment of members by Council on the recommendation of the APEGGA president. The Audit Committee is new, but APEGGA has traditionally had a Finance Committee.
New Auditor Named
APEGGA has a new contract auditor to fill the space left by the Association’s longtime auditor Bruce Childs, CA, who is retiring. Council recommended the appointment of Kingston Ross Pasnak LLP for the year ending Dec. 31, 2005. The APEGGA Annual General Meeting the next day gave its approval.
The Audit Committee sent out requests for proposals from six firms. Four firms expressed an interest and the committee interviewed three.
Nominating
Committee Appointed
This year’s election is still news, but one group of members is already thinking about next year. Council has recommended and the Annual General Meeting has approved a committee of members who will round up candidates for 2005-2006. One additional name came from the floor of the AGM.
New appointees to the committee are: from Calgary, Dr. Peter Cary, P.Geoph., Paul Cavanagh, P.Eng., Andrea Dawson, P.Eng., Shawn Morrison, P.Eng., Jim Reimer, P.Geol., John Van der Put. P.Eng., and John Wood, P.Eng.; from Edmonton, Dr. Philippe Erdmer, P.Geol., Roly Ferris, P.Eng., Rick Prentice, P.Eng., and Gordon Stewart, P.Eng.; from Red Deer, Andrew Poole, P.Eng.; from Lloydminster, Trent Cherry, P.Eng.; and from Grande Prairie, Lisa Hall, P.Eng.
They join the following returning members: from Calgary, John Boyd, P.Eng., Allin Folinsbee, P.Geoph., Dr. Tom Harding, P.Eng., Dr. Anil Mehrotra, P.Eng., and Bonnie Stowkowy, P.Eng.; from Edmonton, Mike Koziol, P.Eng., Dimitri Papanicolas, P.Eng., Connie Parenteau, P.Eng., Al Schulz, P.Eng., Jim Stewart, P.Eng., and Tony Taylor, P.Eng.; and from Fort McMurray, Mitch Azmier, P.Eng.
Linda Van Gastel, P.Eng., the immediate past president as of the Annual General Meeting, will chair the committee. New President Larry Staples, P.Eng., will attend meetings as an observer. Terms are for two years, so about half the committee changes every year.
Although the committee comes up with a list, the process doesn’t preclude others from running for office. Any professional member can run, as long as 10 professional members sign the nomination.
Guideline Words Clarified
The “shalls” and “shoulds” of practice guidelines and standards are in good order. At the February meeting, Council asked for a quick legal opinion on whether the word “shall” belongs in a guideline. The direction delayed approval of the new Guideline for Advertising of Professional Services, an update of a 1996 APEGGA document.
Because “shall” demands that professionals act in a certain way, some councillors suggested there might be enforcement and discipline problems when it appears in a guideline. The word “guideline” is not as prescriptive as the word “shall,” they said.
President Linda Van Gastel, P.Eng., looked into the matter. Her report to Council says: “Practice standards are documents with mandatory requirements and are generally characterized by use of the verb ‘shall.’ Guidelines are documents in which procedures and practices preferred by APEGGA are presented and are generally characterized by the word ‘should.’
“This does not mean that only ‘shall’ and ‘should’ are to be used exclusively in the respective documents. The overall tone of the document determines its type. A standard of practice can say ‘should.’ A guideline can say ‘shall.’ ”
A legal opinion backed up the president’s analysis. Council approved the new guideline for publication, subject to editorial changes.
The guideline is designed to help ensure the honour, dignity and reputation
of the professions are reflected in advertising. Visit www.apega.ca to view
it online.
Foundation Members Recommended
Council is recommending that three members be added to the membership of the APEGGA Education Foundation. The foundation is separate from APEGGA and has final approval.
Recommended are Stan Smuga-Otto, P.Eng., Peggy Simons, P.Eng., and Dave Stelck, P.Geol.
In other appointments, the Hon. Mike Cardinal, Minister of Human Resources and Employment, has approved the appointment of two new public members to an APEGGA board and an APEGGA committee. Dr. Gene Romaniuk joins the Board of Examiners, and Robert Stokes, RPF, joins the Investigative Committee.