[MassHistPres] conflicts of interest

[slater at alum.rpi.edu]

This issue came up in 1995 in Springfield. A member of a historical
commission cannot accept work from any client on a matter that will
appear in front of the commission.

http://www.mass.gov/ethics/ENFORCEMENTACTIONS.htm#Devlin

Relevant quote:

"a municipal employee violates the conflict law by receiving
compensation from or acting as agent for a private party in connection
with submitting documents to a municipal board, even if the municipal
employee avoids making any personal appearances before the board."

It didn't matter that in this case, Devlin did not indicate on the
proposal that he had performed the work (which only his client
presented), or that he did not appear at the meeting at which the
proposal was heard, nor did any prior disclosure remedy this situation.

This ruling, of course, makes it very hard to fulfill the "architect"
slot on the Historical Commission, because it means that any architect
on the commission cannot take any work for a client that will appear
before the commission. Few practicing architects, particularly those
which are good at historic works, will give up that business.

Ralph Slate
Springfield, MA

>Does anyone have Commission Rules & Regs or
>town/city Rules and Regs 
>(other than the state's ethics law) applicable to conflicts of 
>interest re commission members working for, or soliciting business 
>from, or representing an applicant who appears before, or has 
>appeared before, the commission?