On 4 March 2010, the Disciplinary Board considered allegations of improper conduct against Mr John Butterfield, Membership Number 40173132, of Market Weighton, North Yorkshire.
It was alleged that:
1. Mr Butterfield had failed to put his terms of engagement in writing to his clients, either before commencing the engagement or any time thereafter, or to state in writing, at any time, what his fees were.
2. Mr Butterfield had behaved in a rude, intimidating and threatening manner at a meeting with his clients on 19 February 2009, which had frightened and upset them.
The Disciplinary Board found Mr Butterfield guilty of Improper Conduct in relation to the above allegations against him in that he had breached By-laws 35 and 36 and Rule 1 of the Rules of Professional Conduct.
By-law 35 requires all members to order their conduct so as to uphold the dignity, standing and reputation of the Institution. Under By-law 35, the Council is empowered to make Rules of Conduct to be observed by all members to ensure the fulfilment of the requirements of By-law 35. Rule 1 of these Rules of Professional Conduct states: “All members shall discharge their professional duties with integrity”.
By-law 36(4) lays down that “improper conduct” shall mean any conduct, other than that laid down in By-law 36(1) – (3), which shall indicate unfitness to be a member or shall otherwise be unbefitting to a member as such.
Under the powers conferred on it by By-law 40, the Disciplinary Board ordered that Mr Butterfield should be Severely Reprimanded and that he should be fined one thousand pounds and should pay five hundred pounds towards the cost of the hearing. The Board additionally ordered that Mr Butterfield comply with Rule 1 of the Rules of Professional Conduct in relation to setting out the terms of engagement and fee structure to all new and existing clients and to provide evidence of this to the Clerk to the Disciplinary Board by 2 April 2010, and that he provide to the Clerk to the Disciplinary Board a copy of his Continuing Professional Development Record and his Development Action Plan by 2 April 2010.
The Board ordered that the fact and particulars of the Order against Mr Butterfield and the details of the improper conduct of which he was found guilty be posted in the Institution and published in New Civil Engineer and on the ICE website.