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American Planning Association AICP Exam - Topic 1 Question 95 Discussion
Topic #: 1
What concept did Penn Central Transportation Co. v The City of New York (US Supreme Court) first introduce?
You want to be fair in your treatment of a colleague while at the same time making sure that you do not engage a consultant who will not be able to fulfill the requirements of the professional services agreement.
Alternative 1 saves you work, but ignores the fact that you have information which affects your confidence in one of the proposers You would not be in violation of the Code by doing nothing because you would have followed all of your community's standard procedures for hiring However, you would have failed to be attentive to the apparitional intent of the Code.
Alternative 2 would be the most desirable and is most consistent with the Code requirement to fairly treat the views of a colleague In this case you wish to treat fairly the views of those who have disparaged the consultant as well as the view of the consultant him or herself Unless you have specifically stated in your RFP that the only references you will check are those provided by the consultant, you are free to seek out additional information. To be fair, you should mention to the consultant that you will be checking with other colleagues. If you have major unresolved issues as a result of further checking, the consultant should be given an opportunity to respond.
Glenn
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