The architects of Aupark were convicted of violating professional ethics

The Board of the Czech Chamber of Architects (ČKA) confirmed the verdict of the ČKA Chamber Court and condemned authorized architects Jaroslav Dokoupil and Radoslav Kobza from the Brno studio ArchDesign for unethical behavior and for failing to prevent a conflict of interest concerning both the general and professional public. The architects were working on a similar matter for two clients with differing interests. The verdict has recently become legally binding.

In 2007, the company Aupark proposed to build a multifunctional center on its property in Brno. The project was commissioned by the investor to the ArchDesign office. In 2010, in connection with the planned project, the Brno City Hall commissioned a study titled "Conditional Acceptability of Sales Areas in the Aupark Brno Building." In the tender, they approached three offices, including ArchDesign, which was awarded the contract and submitted the spatial study to the city hall in 2011. The goal of the study was, among other things, to verify the tolerability of the area being burdened by the construction and the acceptability of the requested extent of sales areas in the commercial center, set at 14,000 m². Options for transport servicing, parking, etc., were also to be explored. If the study indicated unfavorably for the construction of the multifunctional center, it would likely hinder its realization on the planned scale.

THE THREATENING CONFLICT OF INTEREST WAS UNDENIABLE
Architects Dokoupil and Kobza, as the general designers of Aupark, represented both the interests of the private investor of the multifunctional center and simultaneously prepared the spatial study for the city hall, considering the interests of the city. Thus, a conflict of interest between the public and private could have arisen. The designers were responsible to two parties. Regarding the private client for whom they prepared the complete project documentation for Aupark, they undoubtedly had a personal interest in a positive assessment and approval of the project, and thus in the realization of the construction. Hence, the architects were not independent while preparing the spatial study for the city hall. The looming danger of a conflict of interest in their case was entirely undeniable (setting aside whether a conflict of interest actually occurred or not). Their actions could jeopardize the interests of a wide range of individuals and also the interest in the sustainable development of the city of Brno.
The Supervisory Board of the ČKA started addressing the behavior of the architects based on a proposal from the Brno civic association Brnění in 2011, and then transferred the disciplinary case for investigation to the ČKA Chamber Court, which found the parties guilty. The architects appealed against the verdict to the ČKA Board.

VIOLATION OF THE ČKA CODE OF ETHICS
The ČKA Board confirmed the condemning verdict of the ČKA Chamber Court from March of this year. The board members are convinced that the architects, by "working for the Aupark investor with the aim of realizing his project and simultaneously accepting a commission from the city hall to prepare the spatial study of Aupark, which had only one purpose - to verify the acceptability of this project, did not avoid a conflict of interest towards the public." The ČKA is mandated by law to oversee the professional practice of its members. Authorized architects Radoslav Kobza and Jaroslav Dokoupil violated the internal regulations of their professional chamber. These regulations impose a general obligation to prevent, under all circumstances, any situation where there could be a risk of a potential conflict of interest. Specifically, there was a breach of section 23 of the Professional and Ethical Code of the ČKA: "The architect prevents the emergence of conflicts of interest in relation to both the general and professional public, particularly avoiding situations where, in the course of professional administrative activities, he would decide on matters for which he himself has prepared relevant documents for the client or for which he has prepared expert assessments necessary as grounds for this decision."
The Board believes that this constitutes an ethical breach of the profession that an authorized person should not commit.

CONFUSING PROCEDURE OF THE CITY HALL
The Czech Chamber of Architects pointed out in early November in a letter to the Brno City Hall the inappropriate approach during the tender process for the spatial study of Aupark. In order for the requested study to be indisputable and fully respected by the public, the city hall should have approached independent designers. However, by its conduct, it essentially allowed for a conflict of interest to arise, as it also solicited the ArchDesign company, which was associated with the investor of the building. If the company were only to supplement data for the construction authority's decision-making, then this approach would be acceptable. But the spatial study of Aupark requested by the city hall had a more important purpose - to replace the spatial planning documentation associated with the amendment of the zoning plan's guiding part! "Since this is a relatively important step, the public surely rightly expected that the spatial study, which is to verify the acceptability of the investment intention and which is presented to it by the public administration body, would be impartial and prepared by an independent person, not someone who is simultaneously working for the investor of this intention. Sooner or later, the question had to arise whether the spatial study should have been independently reviewed. This could undermine or even thwart the work of the procurer," explains the situation David Mareš, a member of the appeals panel of the ČKA Board.

ACTING IN THE PUBLIC INTEREST
The profession of an authorized architect is a highly qualified independent creative activity that significantly influences the shaping of the environment. Architects must therefore abide by applicable law, the ČKA rules, and uphold the promise that obliges them to prioritize the public interest at all times. They are obliged to act in a way that their independence and the honest and professional performance of their activities cannot be questioned. Preventing a conflict of interest in this case would have meant not even applying for the commission to prepare the spatial study for the city hall.

PENALTY
Each of the two architects was issued a disciplinary measure - a fine of 50,000 CZK (according to § 20 of Act No. 360/1992 Coll., on the practice of authorized architects and authorized engineers and technicians in construction). Additionally, these individuals are prohibited from participating in tender processes for public contracts for three years.
The decision of the board has already become legally binding. There is no remedy against it. "If the architects disagree with the ČKA's decision, they can file a lawsuit with the administrative court within two months of receiving its written copy," concludes Martina Synková, a lawyer for the ČKA.