California Surveyors Forums

I would like to query the profession on a theoretical question. Surveyor Jones prepares and submits a ROS to the county for filing. Surveyor Smith disputes the results of Surveyor Jones, who is working next door. Surveyor Smith, who has not filed anything, contacts the county surveyor and argues that the CS should place a note on Surveyor Jones' ROS, essentially advocating Surveyor Smith's position even though he has not filed anything.

Is Surveyor Smith's conduct ethical? Moral? Should the county place a note on the Jones' survey?

Are there any codes and canons out there that address this?

Thanks, everyone.

Board Rule 476(c)(10) speaks to not maliciously injuring the reputation of others.
PLSA section 8762(d)(2) speaks to the county surveyor providing information from a submitted record of survey to other surveyors working nearby that may be affected.
The CS note addresses only a disagreement with methods used and generally is used when the submitting surveyor requests a filing of the RS without further edits. An adjacent surveyor has the opportunity to submit an alternative solution without recourse to asking the CS to place an otherwise prejudicial note.

Thanks for the reply.

Surveyor Smith's mama probably lives next door.
Bias and unethical, probably.

Will he survive a voir dire, probably not.

tHANKS.

Surveyor Smith appears to have opened a can of worms. The County Surveyor (CS) should have inquired about his (Smith) survey and when will one be submitted for review? Why would a CS place a note on another's map based on hearsay evidence only?

In my opinion, notes should only be allowed on maps if there is a disagreement between the CS and surveyor of record. Sect. 8768 of the PLS Act outlines the process to "Force File" a map, and at that time the two can add a note, which also gets the verbiage agreed upon by both parties.

Otherwise, just because the PLS Act allows for a CS to add a note, which is suppose to be their opinion, most don't need to be added. The extra note can be perceived as a potential violation of Board Rule 476(c)(10) as mentioned above. 476(c)(10) states: "A licensee shall not falsely or maliciously injure or attempt to injure the reputation or business of others." How can ANY note placed on one's filed map (RS or CR) not be perceived as something is wrong with the map, and a note is needed to be added by the CS. If a CS is so concerned and feels they need to add a note, because they can, maybe they are in the wrong government position?

Furthermore, I have had to explain to my clients what this additional County Surveyor's Note truly means, after they ask what is this note, and why did it get added? That right there validates my position that the CS Note is an attempt to injure my reputation, be it a private surveyor or business.

Back to the original theoretical question? Smith is out of line to argue with the CS without a map. Did the CS add a note to Jones map, or not?
If a note was added, then there potentially is a good argument that there was maybe one or two potential violations against both Smith and the CS.

When in doubt, file a complaint to the Board, which is the common direction I have been instructed when concerned about a potential violation of the PLS Act or Board Rules.

Hey it's 4-20 so lets celebrate, LMAO!!!

Thank you very much. The organization needs a more substantive outline on ethics, etc.