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EvErgrEEn StatE

Land SurveyorS’ aSSociation of WaShington • Washington State Section of AmericAn congreSS on Surveying & mApping

Volume 37 Number 3 Fall 2013

Surveyor

In this issue:AMC vs Executive Director

New Guidelines

WGS Seminar

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Fall 2013 Evergreen State Surveyor 1

President ................................. James A. Coan, Sr President Elect ................................ Earl MorrissVice President ...............................Mike McEvilly

Secretary-Treasurer .............. John ChristensenPast President ................................ John ThomasExecutive Director ....................................... TBD

Cascade Columbia ...................................................... Eric HerzogInland Empire ............................................................... Todd AlbertLower Columbia ............................................................... Jeff LynchNorth Central......................................................... Erik GahringerNortheast ....................................................................Grant ToltonNorth Olympic ............................................................... John WardNorth Puget Sound .................................................Travis Bradley

Land Surveyors’ Association of Washington (LSAW)

Address all correspondence for LSAW to: Land Surveyors’ Association of Washington

PO Box 2376 • Renton WA 98056 Phone: 360/886-5557 Fax: 425/868-1771 e-mail: [email protected]

Homepage: http://www.lsaw.org

Address all material for magazine to: Editor/Publisher: Aaron B. Blaisdell

Evergreen State Surveyor 4209 North 16th Street • Tacoma, WA 98406

Phone: 425/894-8388 e-mail: [email protected]

Washington State Section, American Congress on Surveying and Mapping (WSS/ACSM)Chairman: ...........................................................................Bill GlasseyVice Chairman: .............................................................................OpenSecretary: ..........................................................................Nick Fifarek

Treasurer: .......................................................................Tamara LeungPast Chair: ...........................................................................Tim Griffin

Address all correspondence for ASCM to:WSS/ACSM

P.O. Box 3812 • Bellevue, WA 98009-3812 • www.wss-acsm.org

Opinions expressed by individual writers are not necessarily endorsed by the officers or board of LSAW, the officers or board of WSS/ACSM, or the editor of this publication. Articles may be reprinted with due credit given to the author unless otherwise indicated at the beginning of the article.

We request all ads and material (graphics, fonts, etc.) be furnished on a CD or emailed in a .doc, .pdf, .eps or .tiff format. We readily process materials created in Adobe Pagemaker, Illustrator, Freehand, Photoshop, Microsoft Publisher, Microsoft Word.

Advertising PolicyThe magazine is published quarterly by LSAW and accepts advertising. Ads should be page-ready copy for photo-offset printing. The rates are as follows:

Size Yearly Single IssueFull Page ......................$466 Gray Scale, $885 Full Color $148 Gray Scale, $250 Full ColorHalf Page .....................$326 Gray Scale, $620 Full Color $104 Gray Scale, $175 Full ColorQuarter Page .............$163 Gray Scale, $310 Full Color $52 Gray Scale, $88 Full ColorDeadlines for material and advertising are one week after each Board of Trustees (BOT) meeting (see the calendar on back cover for those dates). Running an ad does not imply endorsement of the advertiser by LSAW or ACSM. The editor reserves the right to not accept ads or other material which may be in poor taste or conflict with the policies of LSAW. Courtesy copies are traded with other state and provincial organizations.

Layout and graphics in this publication are largely from Kellie Ham Type&Graphics, 253-843-9436.

Table of ContentsFrom the President ...........................3

From the Editor ..................................4

Highlights of the LSAW Board of Trustees Meeting August 2013 ...............6–7

AMC V. Ed ............... 9–10

Surveyor of the Year Guidelines ..........11

Associate of the Year Guidelines .....................12

Message From NGS Regarding Government Shutdown Impact on CORS (October 3, 2013) ....17

U.S. Federal Court Affirms Validity of Leica Scanstation Evidence .........................18

DOL Guidance gyhjjjjjjjjjjjjjjjjjjjjjjjjjjgSteps Too Far .................... 20-25

And Much More…

ABOUT THE COVER:Photos taken by editor at 2013 SPAR Conference”

LSAW 2013 PRESidEnTSNorthwest ..........................................................Erich Kleinknecht

San Juan .................................................................... Robert WilsonSouth Central ........................................................ Alex MatarazzoSnohomish ................................................................ Lynee ForsythSouth Puget Sound .................................................Aaron BlaisdellSouthwest ....................................................................Alan Duback

2 Evergreen State Surveyor Fall 2013

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It was reported to me that at the August BOT meeting some people brought up a concern about the lack of communication.

It seems that while we were sending informa-tion to the Chapter Presidents, the Trustees and Secretaries were not being informed of the events that were taking place. To that end, we put together a list of e-mails for the Ex Comm, Chapter Presidents, Vice-Presidents, Trustees and Secretaries for all chapters as well as Committee Chairs and sent that information to Spire. I also gave them instructions to send out material to not only the Presidents but to the Vice-Presidents, Trustees, and Secretaries. The BOT Packet should also go to the Com-mittee Chairs.

It was also suggested to me that the BOT packet be sent to each member of the LSAW. While I think this is a bit extreme, I can see a time when we could post it on the LSAW web page so all who would like to see it could go there and read or download it at their convenience. One of the things I see the new Association

Management C o m p a n y (AMC) doing is taking over a n d ke e p -ing our web page up to date. When we had Nor-een, she was good at doing

From thE PrESidEntBy James A Coan, Sr. PLS CFedS - President

that; but now it costs us $150 per hour to do anything to the web page. For this reason, I have instructed Spire to keep the updates to a minimum.

As you all know when I hired Spire, I did not hire them to take over for Noreen and do all the things she did. I hired them to keep the LSAW running and to do the minimum possible to accomplish tasks like pay the bills, manage our money, collect dues, answer the phones, and take care of the mail. Spire has done what I requested and much, much more.

We are now about to hire a full-time AMC that will take us into the future. This will be a dynamic process and will evolve as the LSAW moves forward. It is my hope we will have hired a full-time AMC by the 2014 Annual Confer-ence. This will give the incoming administra-tion the tools and support it needs to lead and manage the LSAW.

Once again, I ask for your patience and support in getting us through these tough times. I see the light at the end of the tunnel thanks to all the people who have helped me get the LSAW headed in the right direction. When we lost Noreen, it was a terrible blow to the LSAW but gave us the opportunity to take a good look at our organization, change our business model, and bring this organization into the 21st cen-tury. We will come out of this a much better and stronger organization.


From thE EditorBy Aaron Blaisdell, PLS, Editor

As the twig is bent the tree inclines.” - Virgil

Last year at this time, I wrote about how technology has been “slow to take-off” in our profession. I wrote that “This is

primarily due to entrenched standard prac-tices, limited knowledge and…, a lack of ap-plication vision and realization of its economic advantages.” Real-world functionality has now been proven to a point where development of a marketplace for computerized applications is here to stay. It’s just a question of market vision and exploring the new frontier. Huge advantages can now be realized because, for many applications, newer technologies can reduce the required in-field survey time. What once took multiple field-crew days; can now be done in one. For topography, instead of col-lecting a hundreds of conventional XYZ points, we now can collect hundreds of thousands by using scanners and as the cover of this issue reflects; mobile technology is at the forefront. Again, office reduction time can be as simple as “harvesting” the area for data you’re focused on.

Our profession is certainly in the driver’s seat for man-aging this data collection process; maybe even the data itself. We have the resources and expertise to answer the questions about accuracy and precision. The ques-tion is; “Do we want to?” As we continue to discuss the future of our profession and its ability to be nimble, we need to open our minds to the unlimited industries that we have a supporting role in. Our professionals of the future demand it and so should our fellow surveyors. Embracing technology and using it to its full advantage (and yes, I’m talking about GIS here) is something that will propel our profession forward. We need to have an active role in all mapping industries and not shy away of providing our expertise when asked.

I would like to introduce you to the Fall Issue of the Evergreen State Surveyor. Take the time to be involved in our profession and others. Being the second oldest profession, surveyors have an incredible amount of knowledge to provide others.

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(Continued on page 7)

highlightS oF thE lSAW BoArd oF truStEES mEEting AuguSt 17, 2013Respectfully submitted by John Christensen, Secretary/Tresurer

Call to Order: The meeting was called to order at 10:00 a.m. by President Elect Earl Morriss.

Introduction of Special Guests: Ben Pe-tersen and Pat Beehler were introduced.

Roll Call-Self Introductions and sign in: See attached sign in sheet for those present. A quorum was present.

Agenda Updates: Added New Business Items “f. WFPS Report” and “g. Committee / Chapter reports”.

Approval of Minutes: By MO 13-14, it was MSP to approve the May 18, 2013 Minutes as published.

President’s Report: In Packet. President Elect Morriss stated President Coan is recover-ing well from surgery.

OLD BUSINESS

LSAW Review Committee RFP: The RFP was handed out. John Thomas gave a power point presentation. There was some concern delaying this any further. The RFP was read, edited, and saved. Chapters are asked to have comments to the revised RFP back by the end of September. The LSAW Review Committee will review all proposals and have a short list of AMC’s for the Board of Trustees Meeting on November 2, 2013.

NSPS 100% Dues Committee: The commit-tee’s work is ongoing. Funding options were discussed, but it was determined that the com-mittee needs to explore other avenues.

SOY, ASOY Committee: Ben Petersen stated

the SOY and ASOY forms will go out to chap-ters soon.

Prevailing Wage: Ben Petersen gave a report and stated the prevailing wage rates go up at the end of the month. By MO 13-15, it was MSP “LSAW authorize the sum $1,500 to be allocated to the prevailing wage committee to pursue matters related to the Washington State prevailing wage with regards to construction site surveyors”.

NEW BUSINESS

2013 Conference Committee: Amanda Askren discussed the reports in the packet. By MO 13-16, it was MSP “To approve the final financial report for the 2013 LSAW conference budget as submitted in the August BOT agenda package”.

BOT meetings hosting chapters: President Elect Morriss asked that chapters consider hosting for BOT Meetings/Seminars in 2015. They will be selected at the November meet-ing.

LSAW Foundation: A report was distributed. It included a list of twelve recipients receiving a total of $13,250 for 2013.

Committee Appointments: Postponed until the November meeting.

NSPS Governor: Report in Packet.

WFPS Report: In Packet.

Committee / Chapter reports:

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Bylaws Committee: Ben Pe-tersen reported the committee will be getting together soon and they are looking for sug-gestions.

Budget Overview: Report in Packet.

ExComm Actions: None to date.

Correspondence: None.

Good of the Order

Oregon Tech: Oregon Tech 2013-2014 On-Line Courses schedule was distributed.

Fall Seminar: The flyer is nearing completion and will be sent out shortly.

BOT Meeting Packets: It was suggested that the BOT Meeting Packets be sent to all LSAW members prior to the BOT meeting. There were a couple of concerns as to corre-spondence letters and possible

misguided in-formation in reports that is dealt with at the meet-ing. This has been brought up before and needs to be looked into.

Communica-tion: Ben Pe-tersen noted there have been prob -l e m s w i t h communica-

Highlights of the Board of Trustees Meeting (continued)

tion and asked if we can work on straightening out the problems.

Conference Chapter Split Checks: Amanda Askren stated she had checks for the chapters and could be taken today.

Chapter reimbursement for BOT Meeting: There was some discussion. By MO 13-17, it was MSP “That the BOT compensate Inland Empire Chapter for the portion of the cost of the venue not covered by the general $600 allocation”.

ESS: Editor Aaron Blaisdell reported the cutoff date for submitting information to the ESS is August 31.

Meeting adjourned at 3:10 p.m.


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LSAW has had an Executive Director for more than 30 years. In March of 2012, the Board of Trustees explored various

options and subsequently determined that the business model for LSAW would be more suited to having an Associate Management Company carry out the duties and responsibilities of this organization, instead of an Executive Director. What is the difference between an Executive Director (ED) and an Association Management Company (AMC)?

Our Executive Directors have worked very hard for LSAW over the past three decades. The day to day business of running a 1000-1500 member organization was a lot of work and took a lot of effort for one person to ac-complish. Part of the ED’s duties and respon-sibilities included processing dues, billings, making bank deposits, balancing accounts, preparing quarterly reports, fielding phone calls and maintaining the membership data base. She was the communication hub for the entire membership, paid taxes, performed web design and maintenance, maintained the LSAW handbook, plus many, many more everyday tasks. These were all handled by one person,

AmC V. EdJohn E. Thomas, PLS, Past President 2012

with occasional help with part time help. Also, the ED performed these tasks while working out of her home.

An AMC, on the other hand, is a professional company specializing in management ser-vices for various associations. These services are provided on a fee-for-service basis. An advantage in having an AMC is that they can provide professional staff, administrative sup-port, office space, technology, and equipment an association needs to operate efficiently. An AMC usually manages several associations from one office. They can provide a wide range of benefits including up to date technology, specialized staff and shared purchasing power.

The advantage of an AMC over an ED is: The AMC is more readily available and responsive, i.e., a staff v. a person, knowledgeable in more diverse areas, varied experience in a large variety of associations and well versed in cut-ting edge technology with no additional office expense. It would not be personal if a decision was made to replace the ED; we are hiring a

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AMC V. ED (continued)

business, not a person. Some disadvantages would be: it’s a change from what we are used to doing, fees can get high if not managed properly and it feels distant compared to the business model we had been working with.

The BOT voted to go with an AMC at the May Board of Trustees meeting. Spire Management LLC, an AMC based out of Salem, Oregon is managing our day to day affairs for now. They also work for the Professional Land Surveyors of Oregon (PLSO) and were hired by LSAW for a period of one year after the March 2012 Con-

ference. An RFP is being formed to send out to other AMC’s. The LSAW Review Committee will bring a short list of AMC’s to the Board of Trustees at the November BOT meeting. An AMC will be hired starting the first of February 2014, before the new BOT takes office.

LSAW will be changing its business model to better serve its membership. Antiquated soft-ware, multiple out of date data bases, mailed out dues notices, time wasted in managing subcontractors…will all be a part of the past. It is time for LSAW to thrive, not just survive!

For SAlEThe following list is for sale by Dave Berg, PLS, retiring the field (not office). Reasonable offers considered. 253-472-1708.

•Measuring wheel, Roll-a-Tape, 15.5” wheel, folding handle.

•25-foot telescoping fiberglass rod, good condition.

•EZ ARC SLOPE RECUDING ARC with wood case and staff, good condition.

•RHODES SLOPE REDUCING ARC with wood case, good condition.

•DUTCH HILLS TRIPODS, good condition, three.

•KERN, PLUMB ROD, TRIPODS, two, good condition.

•LENKER grading rod, excellent condition.

•PHILADELPHIA rod (glass), excellent condition.

•WILD T1 Micrometer Optical Theodolite, Serial 267613, with instruction manual, “bomb” can, shipping container; WILD tripod-mounted, rheostat controlled, night illumina-tion pack, excellent condition.

•NIKON 520, total station, two recently rebuilt batteries and smart charger, good condition.

•ZEISS Ni2 auto-level, good condition.


Each year, at its annual meeting, the Land Surveyors’ Association of Washington (LSAW) may honor one Member as

“Surveyor of the Year”.

The LSAW President each year will appoint a committee chairperson responsible for con-vening a committee of past-Surveyors of the Year to solicit and review candidate applica-tions for the honor of Surveyor of the Year. All past-Surveyors of the Year shall be entitled to participate on the committee.

Applications for Surveyor of the Year must be submitted to the LSAW state headquarters no later than October 1 of each year for review by the Surveyor of the Year committee. The committee will forward information regard-ing qualified candidates to the LSAW Board of Trustees (BOT) in time for inclusion in the reports packet provided in advance of the No-vember BOT meeting.

Any individual member of the Land Surveyors’ Association of Washington in good standing may nominate a fellow member for consider-ation as the Surveyor of the Year.

The minimum qualifications for consideration shall be:

• An LSAW member in good standing for a minimum of five (5) years, active in their support of the association.

• Having freely shared knowl-edge and information with fellow professionals.

SurVEyor oF thE yEAr guidElinES• Have assisted qualified and interested indi-viduals in advancement within the profes-sion.

• Service on a committee or leadership posi-tion within LSAW.

• Service to the surveying profession that stands as a model of professionalism, dedica-tion, and character.

The minimum criteria may be waived for one or more of the following reasons: 1.) Lifelong service to the profession; 2.) Eminence at a regional or national level; 3.) Performance of an act of service bringing widespread public acclaim to the profession.

After due consideration of the candidates, the LSAW Board of Trustees may select the state Surveyor of the Year, by plurality vote at their November meeting. Recipients will be honored at the associations’ annual banquet. The current State President shall be ineligible for the award.

Chapters are encouraged to honor individuals within their chapter as their Chapter Surveyor of the Year. Qualified recipients should be for-warded for consideration of the state Surveyor of the Year award.

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• Mutoh “D” Plotter • Rotolite SL-30F Blueprint Machine • 2 Drafting tables with Electrical outlets • 2 drawer desk/typewriter wing/shelves

• 11 Drawer Flat file • 4 drawer metal file cabinet & 2-4 drawer wood file cabinets

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Misc. items—chains, plum bobs, rods, prism poles, prisms, cones, wood, flagging, rebar, Kroll books, quad maps, field

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Each year, at its annual meeting, the Land Surveyors’ Association of Washington (LSAW) may honor one Member as “As-

sociate of the Year”.

The LSAW President each year will appoint a committee chairperson responsible for con-vening a committee of past-Surveyors of the Year to solicit and review candidate applica-tions for the honor of Associate of the Year. All LSAW past-Surveyors of the Year shall be entitled to participate on the committee.

Applications for Associate of the Year must be submitted to the LSAW state headquarters no later than October 1 of each year for review by the committee. The committee will forward information regarding qualified candidates to the LSAW Board of Trustees (BOT) in time for inclusion in the reports packet provided in advance of the November BOT meeting.

Any individual member of the Land Surveyors’ Association of Washington in good standing

ASSoCiAtE oF thE yEAr guidElinESmay nominate a fellow member for consider-ation as the Associate of the Year.

The minimum qualifications for consideration shall be:

• The recipient shall be a non-licensed, active member of LSAW who exemplifies the integ-rity and values of a licensed professional and whose efforts have contributed towards the betterment of the land surveyors’ association and profession.

After due consideration of the candidates, the LSAW Board of Trustees may select the state Associate of the Year, by plurality vote at their November meeting. Recipients will be honored at the associations’ annual banquet.

Chapters are encouraged to honor individuals within their chapter as their Chapter Surveyor of the Year. Qualified recipients should be for-warded for consideration of the state Associate of the Year award.

The LSAW Legacy Project -Capturing the History of

Surveying in Washington StateYour LSAW is exploring the publication of a Who’s Who / History of Surveying In Washington State. Active sur-veyors will be provided the opportunity to submit their biographies and photos, and become part of the unique legacy of surveying in the Evergreen State. Most im-portantly however we need to track down biographies, obituaries, photos, documents and other information pertaining to past surveyors. We are just in the “let’s-see-what’s-out-there” stage of the project but if you have any leads on families, widows and friends of past surveyors and survey firms, please let us know.

Did you help survey a Washington landmark ? Or work for some of the great survey firms of the past? Do you have some personal memories or unique survey experi-ences to share? Help us capture history. You don’t need to be Hemingway, just brief bulleted memories will do.

E-mail [email protected] or call (425) 313-9378 or fax to (425) 313-9379 and let us know you have some-thing to share. Be part of history.


Modernization of the National Spatial Reference System - Keeping Pace with Changes in Positioning Technology and User

Expectations in a Dynamic World + WSRN Updates

Page 1 of 3


Schedule for October 25th, 2013 (6 PDH/CEU) Blencoe Auditorium Renton Technical College

Directions and Campus Map: www.rtc.edu/ContactUs/Map/

7:45 – 8:30 - Registration 8:30 -11:30 – DATUM MATTERS (Part 1) Dave Doyle. 11:30 - 12:30 – Lunch (provided in a separate room on campus) 12:30 – 1:00 – Washington State specific repercussions of reference framework modernization – Larry Signani, WH Pacific + WSRN 1:00 – 1:15 – WSRN Reference Framework Updates; transitioning to new servers and services – Gavin Schrock, WSRN 1:15 – 1:30 – WGS: Washington Geodetic Survey; survey control warehouse, education, and geodetic modernization initiatives – Jeff Hoiland, Snohomish County + WGS Director 1:30 – 1:45 – WADNR Update; Height Modernization and beyond – Pat Beehler, WADNR Survey Manager 2:00 – 4:00 – DATMUM MATTERS (part 2 + Q&A) – Dave Doyle

Change can be a good thing – if you are prepared. In order to provide an improved spatial reference framework to meet the demands of growing GNSS resources and shrinking budgets; over the next decade the NGS is transitioning the National Spatial Reference Framework (NSRS) to align with the international IGS-ITRF datum, and to a gravity based vertical datum. States, localities, and surveyors are continually being called upon to better understand and maintain their local reference elements. Learn how you can best prepare for, and ultimately benefit from the NSRS modernization.

Page 2 of 3


Registration

Registration fee is $90 per attendee, lunch provided. Registration is by email to [email protected] Please take the following steps: 1. Choose a Box Lunch (includes choice of sandwich, fresh fruit, chips, cookie and beverage):

• Beef and Cheddar • Chicken Caesar Wrap • Chicken Club Sandwich • Ham and Swiss • Tuna Salad Sandwich • Turkey and Provolone • Vegetarian Wrap

2. EMAIL : [email protected] with the following information • Name • Email address • Phone Number • Lunch choice (include any special dietary considerations) • Method of payment (mailed check, check at door, credit at door)

3. PAYMENT*: (Preferred) Mail check for $90, made payable to “WGS” to: Washington Geodetic Survey PO Box 13196 Everett, WA 98206 *Payment also accepted at the door; check or credit only, no cash. All proceeds applied to seminar expenses and to the WGS (a 501c non-profit) to support the survey control warehouse, education, and geodetic modernization initiatives.

Page 3 of 3


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Curt,

Thank you for contacting me this morning regarding services provided by the National Geodetic Survey (NGS) during the shutdown of the Federal government.

The CORS network is comprised of approximately 2,000 stations which are owned and operated by more than 200 partners comprised of Federal,state and local agencies; academic institutions; and private organizations. NOAA operates approximately 60 CORS sites. Data from the non-NOAA CORS sites may be available directly from individual CORS owners/operators. During the shutdown of the Federal government:

CORS data is being collected by NGS and will be made available to the public along with associ-ated services and tools such as UFCORS, OPUS, etc., once the shutdown is over and the data undergo quality control/quality assurance measures.

Only federal government websites necessary to protect lives and property will be maintained. Access to the NGS Integrated Database (NGS IDB) is currently not available to the public. CORS data and information from the NGS IDB can be made available in emergency situations con-cerning safety of life or property.

NGS will continue to provide geopositioning services necessary to maintain public safety, transportation, and protection of Nation’s critical infrastructure.

Services include management of a network of Continuously Operating Reference Stations (CORS), maintain the Global Navigation Satellite System (GNSS) and support overall global positioning activities essential to support public transportation and safety. The Global Navigation Satellite System (GNSS) data supports three dimensional positioning, meteorology, weather, and geophysical applications throughout the United States, its territories, and a few foreign countries.

Juliana P. Blackwell Director, National Geodetic Survey

mESSAgE From ngS rEgArding goVErnmEnt ShutdoWn imPACt on CorS (oCtoBEr 3, 2013)

A High School Trigonometry Skill

Awards ProgramPURPOSE OF THE CONTEST

❖To promote the study of Trigonometry in High School, and to promote excellence in the mastery and application of Trigonometry, by honoring the individual student who has demonstrated his or her superior skill among classmates at the High School level.

❖To acquaint the high school trigonometry student with the use and practical application of Trigonometry in the Surveying and Mapping professions.

❖To build an awareness of careers in Surveying and Mapping among high school students, guidance counselors, and math-ematics teachers.

SPONSORSHIP APPLICATION

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Recent ruling is a noteworthy development for public safety agencies planning to take their Leica ScanStation scan data into a federal court.

NORCROSS, GA, OCTOBER 14, 2013 – Leica Geosystems Inc. today an-nounced that a U.S. federal court has

issued a ruling affirming the scientific validity of Leica ScanStation evidence.

United States Magistrate Judge Gregory B. Wor-muth, presiding over the U.S District Court For The District Of New Mexico, issued an order on Sept. 30, 2013, granting a Daubert motion to affirmatively admit Leica Geosystems ScanSta-tion evidence and related expert testimony in the case of Stephan Cordova v. City of Albu-querque, et al.

The civil lawsuit against the City of Albuquer-que stems from an incident on July 30, 2008, when Albuquerque police officers shot and wounded Stephan Cordova. In the judge’s rul-ing, he noted that plaintiff’s attorneys did not object to the scientific and technical validity of Leica ScanStation evidence or dispute that city defendants had laid a proper scientific and technical foundation for the admissibility of this evidence.

Any public safety agency planning to deploy their 3D laser scanner to crime or fire scenes with the intention of eventually taking that scan data into a federal court might at some point be subjected to a Daubert motion. A Daubert motion is a special case of motion in limine raised before or during trial to exclude the presentation of unqualified evidence to the jury. Daubert provides a rule of evidence regarding the admissibility of expert witnesses’ testimony during United States federal legal proceedings.

“This ruling is a noteworthy development for anyone planning on submitting courtroom exhibits from Leica ScanStation data,” said Michael Cunningham, Training and Service Operations Manager for the Leica Geosystems

Inc. Public Safety Group.

u.S. FEdErAl Court AFFirmS VAlidity oF lEiCA SCAnStAtion EVidEnCE

The ruling can be downloaded from the Leica Geosystems Ready Room (http://psg.leica-geosystems.us/ready-room), a premier resource for commentary, insights, news and educational materials on topics of interest to public safety professionals.

For more information about Leica Geosystems 3D laser scanning solutions for public safety ap-plications, visit http://psg.leica-geosystems.us.

Leica Geosystems – when it has to be right

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W i l s o n v i l l e

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U.S. Department of Labor Wage and Hour Division Washington, D.C. 20210

MAR 2 2 2013

Elizabeth A. Nadeau, Esquire Associate General Counsel International Union of Operating Engineers (IUOE) 1125 Seventeenth Street, N.W. Washington, D.C. 20036-4707

Dear Ms. Nadeau:

This is in response to your August 4, 2011 request, on behalf of the International Union of Operating Engineers (IUOE) and IUOE Local No. 12, that the Wage and Hour Division (WHD) recognize field surveyors performing on-site work that is functionally integrated with construc-tion subject to Davis-Bacon labor standards as a subclassification of operating engineer that may be listed on Davis-Bacon prevailing wage determinations.

DOL guidance concerning survey crews

The DOL provided guidance concerning the applicability of Davis-Bacon labor standards to survey crews in All Agency Memoranda (AAM) Nos. 16 and 39, dated July 25, 1960 and August 6, 1962, respectively. AAM No. 16 distributed a June 29; 1960 letter issued by Acting Solicitor of Labor Harold C. Nystrom in response to a request by IUOE Locals 3 and 12 for reconsidera-tion of the position expressed in a September 14, 1955 letter issued by Acting Assistant Solicitor Baird concerning the status of survey crew workers under the Davis-Bacon Act. In the 1960 letter, Acting Solicitor of Labor Nystrom observed that:

In [the 1955 Baird] letter, it was pointed out that survey work was often a preconstruction activity performed under a contract separate and apart from that which actually called for construction within the meaning of the Davis-Bacon Act and related Acts. It was also stated therein that the members of survey crews were engaged in professional or subpro-fessional work and could not, therefore be considered ‘laborers or mechanics’ within the meaning the [Davis-Bacon and related] Acts.

Acting Solicitor Nystrom, responding to the request of IUOE Locals 3 and 12, determined that:

Although the position which we have previously entertained is of long standing we have again undertaken to review the subject and have arrived at some new conclusions.

It is still our position that preliminary survey work such as the preparation of boundary surveys and topographical maps is not a part of construction covered by the Act, especially if performed pursuant to a separate contract. We are prepared, however, to assert coverage of survey work which is undertaken immediately prior to or during construction which involves laying off distances and angles to locate construction lines and other layout measurements. This includes the setting of stakes, the determination of grades and levels and other work which is performed as an aid to the crafts which are engaged in the actual physical construction of projects.

With respect to the status of particular employees, we agree that the chainmen and rod-men whose work is largely of a physical nature such as clearing brush, sharpening and


dol guidAnCE StEPS too FArEditor’s Note: Earlier this year, with no public notice, request for public comment, small business or economic analysis, or engagement with the private sector, the Department of Labor (DOL) expanded the Davis Bacon Act. The Department reversed more than 50 years of policy and practice and applied Davis-Bacon to surveying technicians. The following pages contain information regarding the use of survey crews on federal projects. The responses were written by our national organization; NSPS.


setting stakes, handling the rod and the tape and other comparable activities are laborers and mechanics within the meaning of the Act. On the other hand, a party chief has duties which would appear to place him in an executive class with overtones of a professional. Such a person always supervises two or more persons on the job .... The party chief also has substantial clerical duties and exercises the arts of the engineering profession. Both of these classifications are, of course, excluded from the group commonly accepted as laborers or mechanics.

The only classification which presents substantial difficulty is that of an instrument man working under a party chief as part of a four man crew. These men may occasionally perform the physical work of rodmen or chainmen. They also may carry and place the instruments as well as operate them. They make the sighting and take and record the readings. They may be called upon to exercise discretion, judgment and skill involving problems encountered in the field and they must be able to read blueprints and make sketches or drawings. Again, on the other hand, while construction is actually in progress they may function only as an aid to the construction workers in such matters as determining the placement and levels of pilings, the placement of steel beams and girders, the location of bolt holes, etc. In the specific area covered by your application [i.e., the request by IDOE Locals 3 and 12], they are members of a union engaged in an apprenticable trade and customarily paid by the hour.

While working under a party chief, instrument men are not employed in a bona fide su-pervisory position. Neither do they qualify as professionals under Regulations, Part 541, issued under the Fair Labor Standards Act. The tests provided by these Regulations or tests similar to them are quite commonly accepted under both Federal and State laws. Therefore a substantial amount of physical work being involved, we believe it appropriate to regard the instrument men employed under a chief of party as laborers or mechanics with the reservation, however, that a contrary conclusion might be reached in particular cases if the facts and circumstances were different from those reflected in your presentation. Accord-ingly it is our intention to include in future wage determinations where appropriate, the classifications of ‘rodmen’, ‘chainmen’ and ‘instrument men (serving under a party chief).

Further guidance was issued in an August 2, 1962 letter from Secretary of Labor Arthur J. Goldberg to the Ohio Society of Professional Engineers, which was widely distributed as an attachment to AAM No. 39, dated August 6, 1962. In that letter, Secretary Goldberg referenced a conference he had held with representatives of the Ohio and National Societies of Professional Engineers on May 29, 1962 and a report submitted by the Ohio Society setting ~--- ------------- forth its position that the duties of instrument men, rodmen and chainmen were “technical in nature” and “part of the engineering process” and not covered by the Davis-Bacon Act.1 Upon careful review, with

1 In addition, on July 18, 1962, Solicitor of Labor Charles Donahue discussed the status of survey crews in testimony before the House of Representatives Committee on Education and Labor, Special Subcommittee on Labor, concerning Administration of the Davis-Bacon Act. In its July 1962 .hearings, the Sub-committee also heard testimony and accepted extensive materials on this subject for the record from Mr. Roger Loveless on behalf of the National Society of Professional Engineers. Subsequent to the testimony presented by Mr. Loveless, Solicitor of Labor Donahue asserted in his oral testimony, and in the written testimony he submitted for the record, respectively:

By and large, any preliminary surveys concerning construction are not subject to the Davis-Bacon Act. They are not part of the construction contract. ... Now there are occasions when survey work is done in connection with the construction contract. There are cases where foundations are tested, holes are bored, there are other occasions where the surveys are made of the path of a highway, for example, across the country, directly in connection with construction, and in those cases, only in those cases, we would consider the survey as part of the construction work. [Oral testimony.]

[I]n many cases, survey work is not done as part of the construction contract, .... However, in certain cases such work is done as a part of the construction contract, and accordingly, the status of the members of the survey crews becomes an issue. The question to be resolved is, as the Attorney General pointed out, primarily a factual issue. In certain instances some members of the survey crews perform primarily manual work such as clearing brush and sharpening stakes, and in these cases the Department considers an employee so employed to fall within the definition of the term laborer. In other instances the work of the survey crews is limited to work of a professional or subprofessional character. In such instances survey crew members are not considered to be laborers or mechanics.

The Department’s interpretation is in agreement with Mr. Loveless’ conclusion that survey crews are covered only to the extent to which they perform work of a manual character. Hearings before the Special Subcommittee on Labor of the Committee on Education and Labor, House of Representatives, 871h Congress, “A General Investigation of the Davis-Bacon Act and its Administration,” hearings held in Washington, D.C. July 12, 13, 18, 24, 26, 27, 31, and August 7, 1962, Part 3, pages 806 (oral testimony) and 823-824 (written testimony submitted for the record).


DOL Guidance Steps Too Far (continued)


regard to whether the work performed by such persons constitutes cons~action, alteration, and/or repair, the Secretary determined that:

Since preliminary survey work merely affects construction without being a part of it, it is our position that such work is not generally covered by the Davis-Bacon Act. On the other hand, where surveying is performed immediately prior to and during actual construction in direct support of construction crews, such surveying would be deemed construction work within the meaning of this act.

He proceeded to observe that “[c]overage of the individuals performing this work would further depend upon their individual status as laborers or mechanics” and he noted a definitional dis-tinction between the term “laborer” as “one who performs manual labor or labors at a toilsome occupation requiring physical strength as distinguished from mental training and equipment” and the term “mechanic” as “any skilled worker with tools, one who has learned a trade.”2 In that context, he further stated that:

A determination that certain members of survey crews fall within this category depends largely upon questions of fact. This determination, which takes into account the actual duties performed by the employees involved, is primarily the responsibility of the con-tracting agency.

In those cases where the work of an individual functioning in a survey crew is considered professional or sub-professional in character, this Department has held, in accordance with your view, that one so employed is not a laborer or mechanic within the meaning of the Davis-Bacon Act. On the other hand, where individuals perform primarily manual work, such as clearing brush and sharpening stakes, they would fall within the definition of the term ‘laborer’. It is my understanding that situations of the latter kind are not com-monplace. However, to the extent that individuals are so employed, they are covered by the aforementioned law.

On numerous occasions since June 1962, the 1962 Goldberg letter has been reasserted as the framework of DOL policy regarding applicability of the Davis-Bacon labor standards to survey crew members employed on projects subject to Davis-Bacon requirements. In a January 10, 1964 letter to the California State Conference of Operating Engineers, then Under Secretary of Labor John F. Henning stated that:

[T]he Solicitor has reviewed the material which you forwarded regarding the coverage under the Davis-Bacon Act of workmen who, with respect to construction are engaged essentially in the transfer on the job site of lines and grades from blueprints to stakes, monuments, and points for use by various classes of construction workers.

From the particular facts and circumstances presented, the Solicitor has concluded that the duties of rodman, chainman and instrument man, which are described in your pre-sentation, are those of laborers and mechanics under the act, as it has been interpreted in former Secretary Goldberg’s letter of August 2, 1962, to the President of the Ohio Society of Professional Engineers. The workmen involved appear to perform predominantly manual work as contrasted with work which is professional or · subprofessional in character.

The Solicitor has further indicated that this does not in any way reverse the aforementioned letter of August 2, 1962. There it is recognized that whether workmen come within the compass of the terms ‘laborer’ or ‘mechanic’ presents largely a question of fact. Conse-quently, determinations of coverage may well vary in specific situations.

2 Secretary Goldberg cited 18 Comp. Gen. 341 as the source for this defmitional distinction. The definitions appeared in Comptroller General Decision A-97726, concerning the applicability of the 1912 Eight-Hour law. The full paragraph in the Comptroller General’s decision states:

The terms laborer and mechanic have been defined variously in numerous decisions in the courts, usually in con-nection with the application of lien statutes, but generally the term ‘laborer’ is defined as one who performs manual labor or labors at a toilsome occupation requiring physical strength as distinguished from mental training and equip-ment, while a ‘mechanic’ is any skilled worker with tools who has learned a trade. In re Osborne, 104 Fed 780. Also see ‘Words and Phrases’ generally as to laborers and mechanics. Hence, the statute is applicable to every public contract otherwise within its terms which may require the employment of labor by hand or tools for its performance.




We shall include prevailing wage rates for the classifications noted above in future deten-ninations for work to be performed in California and Nevada, whenever they are requested by the procurement agency or whenever it is apparent from the work to be performed that such classifications will be used in the construction process.

With regard to survey crews, section 15e20 of the WHD Field Operations Handbook (FOH). currently states that:

(a) Where surveying is performed immediately prior to and during actual construction, in direct support of construction crews, such activity is covered by DBRA. Under the United States Housing Act of 1937 and the Housing Act of 1949, the “development of the project” coverage test is broader and may also cover preliminary survey work.

(b) The determination as to whether certain members of survey crews are laborers or me-chanics is a question of fact. Such a determination must take into account the actual duties performed. As a general matter, members of the survey party who hold the leveling staff while measurements of distance and elevation are made, who help measure distance with a surveyor chain or other device, who adjust and read instruments for measurement or who direct the work are not considered laborers or mechanics. However, a crew member who primarily does manual work, for example, clearing brush, is a laborer and is covered for the time so spent. [Emphasis added.]

IUOE assertions

You have asserted that the “WHD should start with the premise that workers employed on the ‘site of the work’ performing work that is functionally integrated with the construction are cov-ered unless they are exempt for a reason specifically contemplated by the [Davis-Bacon] Act.” You also have asserted that “based upon its misreading of a series of opinions issued between 1960 and 1964 the WHD has taken the position that only very limited functions performed by survey crews are covered”; that ‘’the WHD has misread the regulatory definition of ‘laborer and mechanic’ in limiting coverage to workers based on the degree of physical demands of on-site construction jobs”; and that “if the WHD continues to limit coverage to work that is physical or manual, the WHD should nonetheless find that the field surveyors are ‘laborers or mechanics.’” IUOE letter, pages 1, 14, 19, and 22.

The regulatory definition of laborers or mechanics, set forth in 29 CFR 5.2(m) states:

The term laborer or mechanic includes at least those workers whose duties are manual or physical in nature (including those workers who use tools or who are performing the work of a trade), as distinguished from mental or managerial. ... The term does not apply to workers whose duties are primarily administrative, executive, or clerical, rather than manual. Persons employed in a bona fide executive, administrative, or professional capacity as defined in part 541 of this title are not deemed to be laborers or mechanics. Working foremen who devote more than 20 percent of their time during a workweek to mechanic or laborer duties, and who do not meet the criteria of part 541, are laborers and mechanics for the time so spent.

In this context, you describe the duties of field survey crew members as ranging from very physically demanding work, such as use of heavy sledge hammer to pound in laths, walking over challenging terrain, standing, stooping, bending, and carrying heavy objects (including GPS equipment) to more skilled work involved in executing plans prepared by office surveyors. You further indicate that due to technological changes, the norm is no longer the use of four-person crews including a supervisory member, but rather the employment of two member crews in which a “party chief’ is a lead person who performs the functions also performed by other sur-vey crew members. You further state that no minimum level of formal education beyond aGED is required to become a field surveyor, field crew members are not required to hold a license or certification, and they do not exercise judgment or discretion in executing directions of the office surveyors. Y au assert that the members of field survey crews should not be generally considered as “professional” or “executive” employees. You also note that the mathematical knowledge needed to perform the work of a field surveyor, along with the physical demands of their work and their use of tools and equipment, are comparable to what is also true for other skilled construction trades workers.




Analysis

Since issuance of the 1960 Nystrom letter, the Department has taken the position that some work undertaken immediately prior to or during construction that is performed by survey crew members may be subject to the Davis-Bacon labor standards on covered projects. Clearly, since issuance of the 1962 Goldberg letter, it has been DOL policy that determinations as to whether certain members of survey crews are laborers or mechanics is a question of fact that must take into account the actual duties performed, and this agency’s guidance has consistently held that where individuals perform “primarily manual work, such as clearing brush and sharpening stakes,” they would fall within the definition of the term “laborer.” We note that the 1962 Goldberg letter, while acknowledging a distinction between “laborers” and ‘’mechanics,” focused on duties that warrant requiring individual survey crew members to be considered “laborers.” The question of whether members of a survey party might be considered “mechanics”- skilled workers with tools, who have learned a trade- generally has not been the focus of guidance concerning survey crew members who work with, adjust and read instruments to take measurements of distance and elevation, or otherwise measure distances and identify locations. In determining whether a worker (including a member of a survey crew) is a “laborer or mechanic” as defined under the Davis-Bacon Act, the touchstone is whether the worker’s duties “are manual or physical in nature (including those workers who use tools or who are performing the work of a trade).” 29 C.F.R. 5.2(m).

The status of survey crew members as laborers or mechanics on projects to which the DavisBa-con labor standards apply depends on the duties they perform. As you noted in your request for reconsideration of the WHD guidance concerning survey crews, the job titles used in classifying survey crew workers vary geographically. Along with variations in job titles, the duties of the classifications may vary from one area to another. Certain prior guidance issued by the Depart-ment concerning survey crews employed on construction projects has indicated that individual members of survey crews whose duties are ‘’primarily professional or subprofessional” would not be considered laborers or mechanics. As is made clear in the definition of the term “laborer or mechanic,” professional employees who meet the requirements for exemption under 29 CFR Part 541 are not laborers or mechanics within the meaning of the Davis-Bacon Act. Avail-able information suggests that the term “subprofessional” encompassed survey crew members employed by engineering firms, including individuals pursuing a course of study to become professional engineers.3 We believe, however, that & focus on whether survey crew members are ‘’sub-professional” cannot substitute for the central inquiry of whether the duties of a survey crew member performing on-site work that is functionally integrated with construction subject to Davis-Bacon labor standards are primarily physical and/or manual.

As we have not closely examined survey crew classifications and duties in detail in recent years, we believe that it is appropriate to identity and evaluate the extent of physical and manual work performed by the various survey crew classifications in use today. For example, you have sug-



3Mr. Loveless, in his testimony on behalf of the of the National Society of Professional Engineers before the House of Representatives Committee on Education and Labor, Special Subcommittee on Labor, cited above, · Part 2, pages 544-545, asserted:

We think that the Nystrom opinion classifying members of survey crews as ‘laborers and mechanics’ was based on information that is not truly representative of the duties of theses personnel throughout the country. It is very important that we recognize our subprofes-sional people for what they are. We are professional engineers and we have laborers and mechanics. In getting our work done today there are the people in between professionals and laborers and mechanics, many of whom we classify as subprofessional It is important that their contribution be recognized. To take a man with 2 years of college or one who is a licensed surveyor or who may be a recent college graduate and is performing these duties as part of his training program in aspiring to become a professional engineer and classify him as a laborer or mechanic is not good for the country. We have to stimulate and move these people up. The engineers work hand in hand and arm and arm with these technical personnel. ... We would like the Congress to define the classification of these people as subprofessional. I think that it is important countrywide.

What we are saying here is that this work is predominantly of a technical and subprofessional and professional category; that if a contractor uses these to cut brush he shouldn’t be using them on such and ... they do not fall into this category: In other words we see no reason under Davis-Bacon to list the wages of instrumentation, rodmen, and chairmen because if they do what they are supposed to be doing they are not laborers and mechanics.


gested that current practices include the assignment of significantly modified and diverse duties to survey crew members who perform various tasks such as rodmen (who traditionally held the rod or leveling staff); the chainman (who uses a chain or other devices to assist in the measurement of distances and elevations); and other field surveyors who adjust and read surveyors’ equipment (with an element of clerical work involving the recording of data) and/or possibly direct the work of others (in effect, as working foremen). To the extent such survey crew members perform primarily physical and/or manual work on the site of the work in direct support of construction crews, such crew members would qualify as laborers or mechanics within the meaning of the Act and its implementing regulations. Moreover, in determining what constitutes physical and/or manual work, we believe it is appropriate to eschew an unduly narrow interpretation of the types of duties that qualify as physical and/or manual. Tasks such as clearing brush or sharpening stakes, for example, are merely illuStrations of physical and/or manual work, and by no means reflect the full range of duties that may be considered physical and/or manual.

As we discussed earlier, WHD has historically acknowledged that individuals who perform pri-marily physical and/or manual work can be considered to be laborers or mechanics and subject to the Davis-Bacon labor standards when employed on the site of the work immediately prior to and during construction and in direct support of construction crews under covered contracts. As a result of our review in response to your request, steps will be taken to ensure that in the conduct of future prevailing wage surveys and in the processing of requests for additional clas-sifications and rates (conformance requests), appropriate consideration will be given to survey crew workers employed by contractors and subcontractors in work performed immediately prior to or during actual construction in direct support of construction crews; and the Davis-Bacon labor standards will be applied to individuals performing such work when they perform primarily physical and/or manual work (including those workers who use tools or who are performing the work of a trade). For example, section 15e20 of the FOH will be revised to reflect that, consis-tent with a fact-based analysis, survey crew members who perform primarily physical and/or manual work will be considered laborers or mechanics. More detailed guidance will be issued in the near future to advise the contracting agencies concerning the implementation of this policy.

This letter constitutes a final ruling under 29 CFR 5.13 concerning current WHD policy regarding the applicability of Davis-Bacon labor standards to survey crew members. A petition for review may be filed with the Department of Labor Administrative Review Board pursuant to 29 CFR 7.9.

Sincerely, Mary Beth Maxwell Acting Deputy Administrator



National Society of Professional Surveyors 5119 Pegasus Court, Suite Q, Frederick, MD 21704

Phone: 240-439-4615 * Fax: 240-439-4952 www.nsps.us.com

August 20, 2013

Patricia Davidson Deputy Administrator for Program Operations U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

Dear Administrator Davidson:

Thank you for hosting our meeting on August 16, 2013.

The National Society of Professional Surveyors (NSPS) is deeply concerned that the Department of Labor has made an arbitrary decision, without consultation with NSPS, the national organization of surveyors. The issuance of AAM-212, expanding coverage of the Davis-Bacon Act to members of survey crews, has an extraordinarily detrimental impact on our profession and reverses more than 50 years of accepted Federal policy. The manner in which the Department established its recent decision is inconsistent with the traditions of transparent government and consent of the governed. Moreover, it appears the spirit, if not the letter, of the Administrative Procedures Act, Paperwork Reduction Act, and Regulatory Flexibility Act has been violated.

The classification of members of survey crews as “laborers and mechanics” is demeaning to the professional image of surveying. For decades NSPS (and its predecessor, the American Congress on Surveying and Mapping (ACSM)) has worked to elevate the status, reputation and image of the surveying profession. We worked with the federal government generally, and the Department of Labor in particular, to make sure the classification and definition of surveying and mapping communicated an accurate, favorable, and attractive image.

Moreover, the antiquated, sexist and offensive use of terms such as “rodman” and “chainman” is not only an affront to the increasing number of women in the surveying field, but an indication of how out of touch with the reality of the marketplace and workforce in the surveying field the Department is in promulgating AAM-212.

Our discussion made it clear that the Department of Labor made an arbitrary and capricious decision without adequate, or accurate, research and investigation. The explanation given to us on August 16 demonstrated that the Department fails to recognize the difference between a licensed professional surveyor and a survey technician. There is a real danger that when a government agency classifies technicians as “laborers and mechanics”, in many people’s minds it also classifies professional surveyors as “laborers and mechanics”. This diminishes the professional image NSPS members desire and deserve.


AAM 212, page 2

NSPS administers a “Certified Survey Technician” (CST) program for employees of surveying firms and government agencies, including those who perform field survey functions. The classification of members of survey crews as “laborers and mechanics” is inconsistent with the CST program, the standard in the surveying community, and classifications used elsewhere in the Department and in other federal agencies, such as OPM, for surveying technicians employed by the federal government. Therefore, the Labor Department classification is inaccurate, and does not reflect the reality of the marketplace and the workforce.

While we understand from our recent conversation that the Department sought to clarify how the Davis-Bacon Act applied to professional surveyors, we are alarmed that instead of clarifying, the Department has expanded the Act for the surveying profession. As the Department acknowledged, this “clarification” was done at the request of the International Union of Operating Engineers (IUOE). The only additional information provided to NSPS was that the Department visited an IOUE training facility to learn more about the union’s apprenticeship program.

Finally, this ruling will be an administrative nightmare for surveying firms, contracting agencies, and the Labor Department. AAM-212 itself is vague with regard to which members of survey crews, which activities, and at what phase in a project the surveying service is being provided. This will result in confusion and costly compliance issues. The letter sent by the Labor Department to the Operating Engineers union is more specific, but since it is a letter, and not a government policy document, confusion will reign. It suggests the Davis-Bacon Act applies to “work immediately prior to or during construction which involves laying off distances and angles to locate construction lines and other layout measurements. This includes the setting of stakes, the determination of grades and levels and other work which is performed as an aid to the crafts which are engaged in the actual physical construction of projects … the chainmen and rodmen whose work is largely of a physical nature such as clearing brush, sharpening and setting stakes, handling the rod and tape and other comparable activities are laborers and mechanics…”

NSPS believes the Department of Labor has made an arbitrary and capricious decision that is not supported by the facts. There has been no legislation, court ruling, Comptroller General decision, nor other governmental action that authorized or necessitated a change in policy that has stood for more than 50 years. In fact, recent court and administrative rulings have upheld the longstanding federal policy that virtually all surveying activities are exempt from the Davis-Bacon Act. Through the efforts of NSPS and others, surveying is much more of a profession and held in even higher regard than it was when the Labor Department, under then-Secretary Arthur Goldberg, ruled on the issue during the Presidency of John F. Kennedy in 1962. Indeed, the rationale for exempting surveying from Davis-Bacon is even stronger today than it was when first established more than 50 years ago.


AAM 212, page 3

We are grateful that you indicated the Department would review AAM-212. We also appreciate that you stated during our August 16 meeting that NSPS should have been consulted on this matter before AAM-212 was issued. Given the faulty and inadequate research and investigation that went into that memorandum, and the fact that it was based on inaccurate and biased information, we respectfully and formally urge that AAM-212 be immediately rescinded pending your review.

Respectfully,

Curtis W. Sumner, LS Executive Director


Land Surveyors’ Association of WashingtonPO Box 2376Renton WA 98056Phone: 360/886-5557

chANge SeRVIce RequeSted

January FebruaryHappy new Year

October November25 PLS Exam26 LSiT Exam

December6 LSAW december

Surveyor’s Seminar – WSdOT Olympia, WA

25 Christmas31 new Years Eve

2 Board of Trustees Meeting - hosted by the north Puget Sound Chapter - Location TBd

28 Thanksgiving

5-8 2014 LSAW Annual Conference – Tulalip Conference Center, Marysville, WA

March

lSAW SChEdulE

PRESORTEDSTANDARD

US POSTAGE PAIDTACOMA WA

PERMIT NO. 387

The accuracy of the schedule is based on information submitted to the editor and may not reflect the true date. Check with the actual organizer for a more complete schedule. 2013

2014

mobility - lsaw · geoline, inc. bellevue, wa 800-523-6408 . ... *military bases *schools *rail...

Documents

mobility - lsaw · geoline, inc. bellevue, wa 800-523-6408 . ... military bases schools *rail...