Re: Defense of My New Jersey PE License and My Right to Work

References:

I am requesting that Joseph Constance, NJ Small Business Ombudsman and the Small Business Ombudsman DAG review the above references available at www.voicesofsafety.com …"About VOSI"…last sentence: "The Path to Peace"…"Civilization Engineering 1 & 2 and "A Test of Domestic Terrorism: Defense of my Professional Engineering (PE) License and My Right to Work" in order that the ref. 1 unjustified, tyrannical action taken by the NJ Board of Professional Engineers & Land Surveyors ,threatening both the loss of my Professional Engineering (PE) license and my consulting engineering business, Donald C. Meserlian, PE ,be denied.

1. I have managed an independent small business, Donald C. Meserlian, PE, for more than 30 years
   

2. I have offered my consulting engineering services to the swimming pool industry for more than 25 years.(refs. 2 - 4) I am also a worldwide recognized expert witness who provides both reports and court testimony on slip/fall accidents that are caused by non slip-resistant flooring and footwear. See www.voicesofsafety.com …"Slip/Fall Standards"…VOSI V41.21 and .22 "Specification/Test Methods for Slip Resistant Flooring and Footwear" respectively. Click on "SCOF Testing"…."Fairfield Kiddy Pool Study" for proof that the VOSI standards correlate with slip/fall accident rate. My forensic engineering business which has included the reconstruction of both vehicle and machinery accidents requires my being a licensed Professional Engineer.
   

3. Municipal engineers, (ref. 5) , who disregard the Boards misinterpretation of N.J.S.A. 45:8-28(e), accept my ref. 2 "Swimming Pool Site & Grading Plans" My topographic surveys of existing conditions have been accepted by approximately 40 NJ municipal engineers; only 3 have accepted the Board’s misinterpretation of N.J.S.A.45:8-28(e).
   

4. Other engineers measure the existing topography for their engineering projects therefore the Board is unjustified in attempting to prevent me from doing what other engineers are permitted to do, (refs. 6 & 8)
   

5. Three attorneys and a NJ Senator, (refs. 7,8,15 & 9) disagree with the Board’s interpretation of N.J.S.A 45: 8-28(e)
   

6. I cannot obtain a fair review of my defense against the Board’s tyrannical actions based on the failure of the Acting Director of the Div. of Consumer Affairs to respond to my ref. 10 request. His failure to respond or return daily phone calls violates the requirements of Civilization Engineering Part 2 (ref. 17).
   

7. Complaint 05-30,by Robert Bidas, should have been dismissed by the Board based on my ref. 12 response to the ref. 11 unjustified complaint. Note that the Board’s claim that the surveyor who made the boundary survey should have also made the topographic survey, required for my engineering project, was not included in the ref. 11 Complaint. The Board should be limited to addressing only the issues specified in the Complaint by Bidas.

I advised another client, with a 2 acre rear yard, that I was capable of measuring the existing topography of the area for his swimming pool but, based on his future plans to add a tennis court and playground area in the rear yard, it would be less expensive to have a surveyor, using GPS, measure the existing topography of the entire rear yard. This proves that I do not take financial advantage of my clients.

8. Complaint 05-59, by Albert Faraldi, PLS and former Board member, should have been dismissed by the Board based on ref. 13 wherein I was alleged to have made a topographic survey in Wayne when in fact I was forced to hire a PLS. To measure the existing topography for my engineering project.
   

9. The Board, as a member of the National Council of Examiners for Engineering & Surveying (NCEES) must abide by the NCEES "Model Law" that recognizes the right of professional engineers to make the vertical and horizontal measurements required to establish the existing topography for their engineering projects. ( ref. 14)
   

10. The "Grading Plan Preparation Check lists", that state: "Existing property grading survey must be prepared by a licensed surveyor" (ref. 16) should be revised by all municipalities that fail to uphold the Municipal Land Use Law that requires professional engineers to prepare site grading plans that include measurements of the existing topography (topographic surveys). Based on N.J.S.A. 45:8-28(e) these measurements can be made by either a professional engineer or land surveyor.

Ref. 17 establishes the fundamental law that justifies the use of domestic terrorism as a tool to fight all tyrannies whether in the private or public (government) sector of society.

I am requesting that the NJ State Attorney General review this l defense of my constitutional rights as a U.S. citizen.

I am requesting NJ Governor Jon Corzine to direct all state agencies to be accountable and responsible for their actions. All government employees must be directed to respond to and communicate with all citizens. This will avoid the need for domestic terrorism (ref. 17).

I look forward to an independent review of the above facts and a nonbiased and fair decision to void the ref 1 unwarranted, tyrannical action by the Board of PE & LS.

In the absence of justice I will continue my domestic non-violent terrorist activities (ref. 17). This is both a threat and a promise.

Donald C. Meserlian, PE

Cc: NJ Attorney General Stuart Rabner
NJ Governor Jon Corzine
NJ Small Business Ombudsman, Joseph Constance & Small Business Ombudsman DAG