Ethics and the Standards Uprising Moderator: Ken Gold, RPLS
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Abstract: In the late 1940s through the 1970s, Texas,
generally, and the nation as a whole, saw a professional conscience
stirring among surveying practitioners. That stirring focused on
unethical to sometimes criminal conduct by persons holding
themselves out to be land surveyors. Registration had not been
enough. Everything from simply incompetent to grossly fraudulent,
so called practice endangered the publics valued holdings. There
were no uniform standards. Little to no investigative force. Little
to nothing by which competence could be measured. Often closure
alone was the criteria. The Texas profession, at first hesitant to
act, decided to identify proper surveying procedures and create
plateaus of practice from which its land surveyors shall not
deviate. This presentation is a summary of how we got here. And why
Ethics played a big role! 2
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3 Except for LSLSs and PEs, before, during and just after WWII,
virtually anyone with a transit (or compass) and tape could be a
surveyor. To differentiate the competent from the incompetent was
difficult. And often too late.
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4 This is the story of how the Texas Surveyors Association,
urged by conscientious members, came to forge ahead and develop a
series of voluntary professional standards, training aides and the
basis for TBPLS mandatory minimum standards... It is the story of
our Manual of Practice.
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Dedicated practitioners debated on how to correct
unprofessional situations. Business challenges such as; Unfair
competition, Incompetent practitioners, Incomplete to Illegal
surveys, Part-timers with borrowed equipment, Honest, but unskilled
practitioners and... Those that didnt know... they didnt know. Not
just a Texas Problem! 5
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Surveyor Registration Long process... hard work Problems
lingered Many Registrants contributed Grandfathering: Honest
recommendations Few regulations... One part in.... Practices varied
across state Surveyors complained Public complained! Similar
National concerns! HISTORIC UPDATE 6
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7 All across the USA, Survey Quality Complaints: Closures
unattained Butcher-paper plats Unadjusted instruments Mended and
kinked chains Untrained employees New equipment miss-used
Registration qualifications varied
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8 Storms on the Horizon! Voices of displeasure!
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At the National level it was nearing the roar of a student
uprising! SO! Time to address the issues! 9
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The National Scene: American Congress on Surveying and Mapping
Conscience of Nations surveyors ACSM founded 1941 Adopted Technical
Standards for Property Surveys, 1946. Texas Section ACSM, early
1950s Quality concerns permeated Title Insurance Cos. Ethical
challenges demanded solutions. 10
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First ALTA Standards, 1962 Title Company enthusiasm onboard. A
major factor in surveyors future! ACSM and American Title Assoc.
formed joint committee to create... 11
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Then in mid 1970s, ACSM created (NSPS) the National Society of
Professional Surveyors. Every state in the Country invited to send
a representative... a Governor. They came and returned
enthusiastically! ALTA standards slow to spread Nationally.
Professional-quality surveys still rarity. Major effort still
required. Time and dedication. 12
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Some surveyors were true professionals, well educated,
understood duties. Some trained apprentices. Some apprentices
learned. Some learned more. Some learned less... and... taught
others. And some of the learned... taught others. 13
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B egan path of diminishing returns. And subject to the
Professions... FEAST AND FAMINE CYCLES! But Governors kept in
touch! IT WAS A PROFESSIONAL, ETHICAL CONNECTION! 14
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Local TSA Chapters formed, +/- 1960s Several Chapters developed
standards Good intention but little coordination. Standards issue
spread among many states. Studies led to varied Standards
development. Some States reluctant to share. Some shared willingly;
even offering to help. 15
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16 Then came the big Questions... Do Texas surveyors really
need Standards??? Would they support surveying standards? If so,
could: surveyor to client relations improve? public relations get
better? inter-professional communications advance? quality of
survey-products increase? the entire profession be better managed?
the lesser competent get improved guidance? It will be a long,
winding path, but worth it!
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17 A. Protection of the public, B. Professional harmony, C.
Quality expectation, D. Communication, E. Problem Solving, F.
Protection of the Professional? G. But can surveyors afford them?
Could Standards actually offer better...
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Many TSA Member Attitudes Mixed bag ! Real Professionals dont
need Standards! Paper Standards not enforceable. Too many
differences in Texas... Who is to say what is good practice? Public
wont pay for text-book surveys! Aint never gonna work! Will be
tough assignment!! 18
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19 Developing Standards in Texas??? Got about as much chance as
a cow riding a surfboard! So TSA took a chance... and sent out a
Questionnaire... Members replied, Create some Standards.
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20 State of Texas Surveying Affairs: Quality surveying
practices, too diverse! Standards were non existent or unenforced.
What constitutes good surveying practice? Opinions varied as much
as the surveys... ALTA specifications seldom used... And mostly
abused!
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21 Reports on Surveying in areas across the state: Some
grandfathered-in were just measurers; Many practitioners knew no
boundary law; Many had not even heard of Stafford v. King; Some
only surveyed as, We always done it this way! Pretty easy; just
measure line and put in a stob! Dont get excited, round here, we
all do it like that. Not sure what is meant by that dignity of
calls. Whut it says on his deed is whut he gets! Yet surviving
among them were many solid practitioners!
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SURVEY STANDARDS FOR TEXAS 1975, TSA President Skeet Mitchell
convinced of need, APPOINTED COMMITTEE! Committee of seven members
from geographically diverse areas of state. Chair given broad
powers to get it done. Where best to start? Research, just as for a
land survey. What exists? What fits... or can be fit? 22 Or
retro-fit!
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23 And the seven members came... from the forests, brambles and
swamps in East Texas; from big and bigger oil patches in Texas and
pipe liners across the state; from big city hustle and bustle and
the Capitol City. They gathered, began their chore. AND Each knew
best how to make a survey!
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1st committee meeting... Exercise in chaos! Lasted two 12+
hour-weekend days! Committee: Big communication problems. Entering
the unknown areas. Language barrier: Speaking Texas- survey-eze
difficult for committee. Really needed to tighten the string!
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Tex-as co-or-din-ate-Sys-tem Many interruptions to define terms
Interruptions and explanations took up valuable time. A signer or
an interpreter was needed! Ya got some other name for that? 25
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Developing Surveying Standards started a long, hard trip!...
With many discussions... Debates... Mild to volatile...
Arguments... and even Threats of violence! A major ethical
challenge to continue! 26
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27 Ethical Tongue Tying A learning experience... Persuasions
over explosions; Expressives without Expletives; Suggest: propose,
think, reason and consider; Avoid the derogatory: stupid, dumb,
ignorant; Never insult, degrade, slur, impugn a relative. Smile a
lot! Or grin and bear it!
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28 The ethics we know And the ethics we practice, Are sometimes
at an opposite end; For as hard as we try, tis hard not to lie,
Some rules are... Too easy to bend
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Many surveying terms common; many not! Major turning point
arrived! In hind-sight, so simple! After much debate, agreed to
rely on ACSM Dictionary 29
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Agreed to accept statutory laws. (Some practices were not only
unprofessional, unethical, but unlawful!) Trespassing Safety
Property damage Unregistered County Surveyors Proclaiming land
ownership Quota surveying Deed layouts Other Issues 30
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Defining the Profession What do professional land surveyors do?
Can projects be accurately identified? Do most chores have
identifiable steps? HMMM? Such a novel idea! 31
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Other States with Standards only delineated land surveys.
Standards Committee asked all states and received Standards from
nine: Arkansas, California, Florida, North Carolina, Georgia,
Maine, Missouri, New York, and Wisconsin. North Carolina and
Wisconsin were excellent patterns; Almost adopted. 32 Lotsa reading
and studying!
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Some Texas surveyors did 100% boundary work. Many others only
30% boundary and 70% other: route surveys, mixed construction,
topographic, control... all associated with boundary work. What
Texas Land Surveyors Do (From original questionnaire) 33
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After countless combative discussions Standards Committee Finds
a Motto: Identify what needs to be done; Not how to do it! Thereby
the Surveyor applies Professional Methodology to satisfy the
Specifications. 34
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35 Qualities needed for Standards Execution And an ethical,
professional conscience. Satisfying Standards will require...
Professional know-how! Professional understanding! Professional
ability!
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But there was more... Committee found: most surveying
assignments, jobs, etc. have numerous common applications. Such
applications grouped in Specifications. Those Specs identified,
defined common applications elements such as Bearings, Monuments,
Closure, Records Search, Maps and Measurements. 36
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Procedure had required EXTREME ethical conduct, debate and
compromise. Again and again. Committee learned lessons of tact and
diplomacy never before encountered. Chair challenged as referee and
judge. An explosion of issues and values. 37
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38 Disputes were common. Voices were raised... Some spoke over
others. Tempers flared. Even a walk-out was threatened! Nerve ends
were bared!
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39 Members were challenged with homework. Written papers to
clarify, support opinions. Mid-1970s No email or instant messaging,
few FAX options. Snail mail or telephone All took time to create
and get response. And at personal expense.
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40 No matter how Committee looked at their chore... each member
saw it differently! And each knew his viewpoint was best !
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Things surveyors do... Often called: An assignment, or Some
work, or A contract, or A project, or A job. 41
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42 Common things in profession often named or called by
different terms. Committee finally chose to develop Manual of
Practice in two main parts: STANDARDS and SPECIFICATIONS Standards
define terms and conditions; Specifications define certain
assignments.
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Standards Committee Takes a Stand And well call Assignments...
Categories ! Is Professional Surveying sum of many parts? Should
Standards cover total practice? Are many parts used in different
jobs? Can parts be identified? Can parts be grouped into different
jobs? YES! 43
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A unit dividing major professional services of a Registered
Professional Land Surveyor into defined segments of similar nature,
procedure and practice. A Category is comprised of one or several
services or products that are closely allied. A Route Survey is a
Category. A Land Title Survey is a different Category. Each
Category has specific requirements.* * Manual of Practice, 1 st
edition,1976 to 12 th 2013 And a Category is: 44
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45 Perseverance Prevailed The blueprint was made... Now the
mold had to be cast. Again each had a different idea!
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Many Committee meetings; Many more debates; Each definition,
term, argued! More writing, opinions offered; Weeks passed, then
months. 46
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47 After an exhausting meeting. Category 1A finally completed,
Sent to membership for vote. More debate at Annual meeting;
Approved for one year, 10/9/1976, and voluntary use. Happy
Birthday! Category 1A
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48 Wheels of progress turn slowly Vote by attending membership
and mail ballot; small success for Committee... Large move for
Texas surveying profession. Precursor in decades to come, for
legal, mandatory professional standards.
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Category 1A 1st Issue of the Manual of Practice 1976 Folded
Legal size paper (18 pages) 49
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50 From 1976 through the years following, Manual was updated;
Categories added; all Membership approved. New Categories for
boundary related tasks. Route surveys, topos, Construction,
vertical- horizontal control, etc.
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51 Registration Practices Act changed over years. Allowed
Registration Board to develop minimum standards for Texas Land
Surveying. TSA Category 1A was a primary resource. It took nearly
17 years.
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52 TBPLS Minimum Standards Long debated; Chosen wisely; As
MINIMUM Standards. The Board establishes these minimum standards of
practice to better serve the general public in regulating the
practice of professional land surveying in Texas. TBPLS Rule
663.13
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53 Surveyor must do no less than the minimum. Because...
Registration is a legal qualification... To make a survey of
minimum quality! Registration gives surveyor benefit of the
doubt... BUT, are all SURVEYORS truly professional, Or just
minimally qualified?
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54 Todays Manual of Practice On line, 12 th Edition Evolution:
Standards, now in 3 parts: I.Introduction, II.General Statement
& III.Definitions & Applications Virtually same language as
1 st Ed. TBPLS rules referenced often.
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55 Specifications for Categories: Ten Categories now listed.
Still in original format... Still listing what needs to be done...
And not how to do it! And still needs to be kept up to date!
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56 TBPLS Minimum Standards offer few training aides past
mandatory requirements for boundary surveys. TSPS Standards and
Categories offer check- lists and training aides for what needs to
be done in ten areas of professional surveying. These are not in
competition. They help mold the real professional! And the
employees!!! Trivial Comparison
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57 Category 1A Still the Gold Standard. Tolerance Chart needs
updating. Specifications remain appropriate... If followed! But
nothing remains static... Maintenance, updates and review required!
New Administration, please take note! And Understood!
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58 Category 1A The Texas answer to an ALTA survey. Includes
many Title Industry concerns. Flexible to additional needs. Should
be major part of your contract. MINIMUM STANDARD DETAIL
REQUIREMENTS for ALTA/ACSM LAND TITLE SURVEYS as adopted by
American Land Title Association American Congress on Surveying and
Mapping and National Society of Professional Surveyors
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59 Again Emphasizing Differences Highlights for understanding:
TBPLS minimum standards are law. Mandatory and Minimum. TSPS
Standards Voluntary, often More detailed, comprehensive. Designed
with Title Co. Interests. And a check list for
employees/trainees!
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60 TSPS Manual of Practice Table of Contents offers a one
sentence preview of each of the 10 Categories. Good for checking
work and training employees.
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61 Surveyors are an historic breed! We have survived the
ages...but not alone. It is mostly because we knew who was holding
the end of our chain... Those who support our mission: Programmers,
Technicians, Researchers, and rodmen! No surveyor stands alone!
Every Surveyor needs a reliable Bubba! I got your back, boss!
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62 There was a surveyor named Brudaben. Whose surveys werent
all they coulda been. Though his chain was pulled tight To set his
marks right; The tail-end wasnt held... where it shoulda been. And
some final, Important Points!
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63 And a second set-up is much better!
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64 Remember, redundant measurement is only assurance surveyor
has to support an opinion on distance and/or direction. Whether on
plat... Or in court! This fact applies to every surveying tool from
chain... to G.P.S. And then there is research! Now, are you ready
to present your case?
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65 Research, Records Search: Surveyors Magic Wand! Requirements
in Manuals1st edition still viable! TBPLS rule 663.16(B) Boundary
Construction: A land surveyor assuming the responsibility of
performing a land survey also assumes the responsibility for such
research of adequate thoroughness to support the determination of
the location of the boundaries of the land being surveyed. Verbatim
from 1st Ed, Manual of Practice.
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66 How deep do we dig? How far do we go, To be adequate and
sufficient? Cause we never can tell, When the survey we sell, Will
be held by the court... As deficient!
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67 Communication, the heart and root of success! The channels
must be open... to, for, between, and with... employees, clients,
employers, contractors/pro- viders, business associates, etc.
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68 Standards require good communication. Also... offer good
communication Identify necessary tasks, check lists and employee
training aides.
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69 Important Ethics of Communication As appropriate: Letter
Message received: Letter answer or acknowledgment. Email message
received: Email answer or acknowledgment. Telephone message
received: Telephone a response. Memo received Memo answered or
acknowledgment.
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70 Business Acumen No communication should go unacknowledged!
Better-half Acumen No communication should go unacknowledged!
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71 TSPS has the Manual of Practice. Must be under constant
review. Members need assurance it is good info; Up to date on
processes that identify good surveying procedures... Always on What
needs to be done... And never on how to do it!
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72 Surveyors must follow minimums. Do what is minimally
required. Is Maintaining a Minimum a professional trait? Are steps
being taken beyond entry level? Opportunity is in the Manual of
Practice To step to the forefront. An Ethical Truth Best way to
outcompete ones competitor is to outperform ones competitor.
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73 Your TAIL... And your bosss!
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74 Post Scrips Originally Standards Committee: Wanted to
distinguish TSA members Hoped TSA would require members use; Felt
TSA members should pledge use: Wanted compulsory use if TSA member;
Hoped TBPLS would incorporate as rules; Hoped to use for a
Standards Legislation.
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75 Original Committee; In fond memory Al Armstrong Harold
Fisher Ken Gold Abbott Hargraves Harold Robertson Clint Sumrall W.
C. Wilson