_________________ AIBC and Luciano Zago MAIBC Summary of Disciplinary - PDF document

1 _________________ AIBC and Luciano Zago
_________________ AIBC and Luciano Zago MAIBC Summary of Disciplinary Inquiry Decision and Penalty Order 1
SUMMARY OF AIBC DISCIPLINARY INQUIRY DECISION AND PENALTY ORDERIN THE MATTER OF THE ARCHITECTS ACTR.S.B.C. 1996 C. 17 AS AMENDED - and - IN THE MATTER OF LUCIANO ZAGO MAIBC Disciplinary Committee Council Members — Scott Kemp MAIBC (Chair), Paula Grossman MAIBC and Leslie Van Duzer, Director, UBC School of Architecture and Landscape Architecture Inquiry Hearing Date: September 26, 2011 As a result of the August 2009 BC Court of Appeal decision in Salway v. APEGBC, AIBC Council decided in September 2009 to put the AIBC’s Consensual Resolution process on hold. Until the Architects Act has been amended to explicitly allow the AIBC to resolve allegations of unprofessional conduct by way of consensual resolution or other alternative dispute resolution, all allegations of unprofessional conduct approved by AIBC Council by way of a notice of inquiry must be heard by a disciplinary committee at a disciplinary inquiry as prescribed by the Architects Act. AIBC Council is actively seeking suitable amendments to the legislation to authorize the resumption of modern, public interest dispute resolution where appropriate. BACKGROUND CIRCUMSTANCESThe AIBC’s Investigations Committee conducted an investigation into the circumstances arising out of a complaint filed against Luciano Zago MAIBC (“Mr. Zago”) in relation to the AIBC’s mandatory Continuing Education System Requirements.The Investigations Committee recommended that AIBC Council order a Disciplinary Inquiry for determination of whether Mr. Zago breached the Architects Act, certain AIBC Bylaws (the “Bylaws”) and Council rulings in the AIBC Code of Ethics and Professional Conduct (“Code of Ethics”). The Notice of Inquiry in this matter alleged that Mr. Zago contravened the relevant professional conduct bylaw by failing to undertake continuing education and report that continuing education to the AIBC, in accordance with the rules for mandatory education established by Council. The inquiry proceeded by way of a “Joint Submission” to the Disciplinary Committee, including an Agreed Statement of Facts, Liability Admission and Agreement as to Penalty. _________________ AIBC and Luciano Zago MAIBC Summary of Disciplinary Inquiry Decision and Penalty Order 2
SUMMARY OF FACTS The Disciplinary Committee’s findings of fact are summarized as follows: Background to Complaint at Issue in this Inquiry 1.1In 2001, members of the AIBC voted to adopt Bylaw 30.2, which became effective as of July 1, 2002. AIBC Council thereafter formally adopted the Contin

2 uing Education System (“CES”). The Eigh
uing Education System (“CES”). The Eighth CES reporting period encompassed 12 months, from July 1, 2009, through June 30, 2010 (the “Eighth Reporting Period”), with an extension to September 30, 2010. Members were required to earn and report 18 Learning Units (“LUs”), including a minimum of eight Core LUs, by June 30, 2010. Members who failed to meet the June 30, 2010 deadline were levied the $750.00 administrative fine mandated by AIBC Council. The Complaint 1.2 In October 2010, the AIBC received information from the AIBC’s Professional Services department regarding Mr. Zago’s failure to earn and report LUs to the AIBC, in accordance with the rules for mandatory continuing education established by Council. The Investigations Committee initiated a complaint into Mr. Zago’s conduct in January 2011, with the AIBC acting as complainant in accordance with Rule 3.2 of the AIBC’s Rules for the Professional Conduct Process. Since there is no external complainant in this matter, no notice to a complainant regarding the disciplinary inquiry was given as would otherwise be required under Section 48(1) of the Architects Act. 1.3 Mr. Zago earned the requisite LUs prior to the June 30, 2010 deadline, but failed to report the LUs to the AIBC. On or about March 27, 2011, Mr. Zago became LU compliant for the Eighth Reporting Period. 1.4 Mr. Zago paid the $750.00 Council-mandated fine on March 14, 2011.LIABILITY ADMISSION AIBC Bylaw 30.2 states: Bylaw 30.2 In order to better serve the public, and in keeping with the architect’s declaration set out in Bylaw 9.0 and the obligation of the architect set out in Bylaw 30.1, an architect shall undertake education and shall report on that continuing education to the Institute, in accordance with the rules for mandatory continuing education established by Council. (Refer to Bulletin 80: Council has also established consequences for non-compliance with this bylaw, relative to the AIBC Continuing Education System’s first compliance period ended December 31, 2002.) Mr. Zago acknowledged and admitted that he contravened AIBC Bylaw 30.2 and acted unprofessionally by failing to report the requisite LUs by September 30, 2010. DECISION After due consideration of the Joint Submission material and related oral submissions, and pursuant to s. 50(1) of the Architects Act, the Committee finds that Luciano Zago MAIBC has contravened the Architects Act and the AIBC Bylaws and the Code of Ethics as follows: (a)Mr. Zago contravened the AIBC Bylaw 30.2 and acted unprofessionally by failing to report the requisite LUs by September 30, 2010. _________________ AIBC and Luciano Zago MA

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PENALTY ORDER The Committee received and reviewed the Joint Submission: Agreement as to Penalty. After due deliberation following the Inquiry, the Committee imposes the following penalties, by way of this order, against Luciano ZagoMAIBC.1.A reprimand to be recorded against Mr. Zago MAIBC; and 2.Notice of the AIBC Disciplinary Decision and Penalty Order in this matter, in a form established by the AIBC, will be published in keeping with the AIBC’s publication guidelines, including web site publication and distribution to members and associates of the AIBC. REASONS FOR PENALTY ORDER The above orders were made for the following reasons. 1.The Disciplinary Committee is of the view that the penalties proposed are in keeping with the agreed facts and liability admissions made by Mr. Zago that has resulted in the disciplinary inquiry proceeding by way of joint submission. 2.The Committee agrees that participation in the AIBC investigation process and the joint submission efforts leading to this inquiry suggests that Mr. Zago is unlikely to intentionally run afoul of future CES requirements. Mr. Zago cooperated throughout the disciplinary process and this is his first instance of non-compliance with CES requirements. From the Committee’s perspective, remediation and rehabilitation are not of primary concern.3.The Committee has carefully considered all relevant factors and recognizes that the ultimate purpose of taking disciplinary proceedings against a member of a profession is to maintain discipline, professional integrity and professional standards, all in the public interest. The Committee relied upon the ‘sentencing’ factors established in Law Society of British Columbia v. Ogilvie [1999] LSBC 17 as a tool for assessing an appropriate penalty. The Committee agrees that a reprimand and publication will help ensure that Mr. Zago complies with the AIBC Bylaw relating to Continuing Education System requirements. 4.Publication not only fulfills the important transparency expectation that the public has of professional regulators, it also acts as a further deterrent and as an educational message for AIBC members and associates on ethical and professional conduct matters. The Disciplinary Inquiry Decision and Penalty Order is January 18, 2012. ____________________________________________________________________________________________For further information, or to view the full Disciplinary Inquiry Decision and Penalty Order, please contact Jackie Buchan, Paralegal, Illegal Practice and Professional Conduct Coordinator at jbuchan@aibc.ca.