[MassHistPres] Architect appointments to HCs

[Carol]

In 1984 Bedford submitted items to Town Meeting as amendments to the Historic District Commission Acts of 1964, one of which was to eliminate the need for an appointed professional architect on the Commission. Rather, the new words were to include an "architect or member of the building trade" on the 5 member, 2 alternate member, board. We had had some of the same "conflict of interest" questions, and often it was hard to even find an architect who was willing or had the time to be an HDC member. Since '84, we have been lucky to have either a professional builder and/or an architect, and the amendment has worked out well for us. With a large project, a property owner usually brings his own architect to the table, and we work together. 


Carol M Carlson 
Member, Bedford HDC 

----- Original Message -----
From: "Ralph Slate" <slater at alum.rpi.edu> 
To: "MassHistPres MA" <masshistpres at cs.umb.edu> 
Sent: Monday, August 22, 2011 10:51:18 PM 
Subject: [MassHistPres] Architect appointments to HCs 

In 1996, the state ethics board ruled against a Springfield Historical 
Commissioner. He was the architect appointment to our board, and he was 
an active architect. He was contracted to do a proposal for a property 
within one of our historic districts, so he did the work, recused 
himself from the meeting, did not present the proposal. 

The state ethics commission ruled that he "violated the state conflict 
of interest law, General Laws c. 268A, by receiving compensation from 
and acting as an agent for private architectural clients in relation to 
matters pending before the Springfield Historical Commission, of which 
you were a member." 

This opinion has handcuffed our AIA appointment slot, because it 
basically prevents architect an who would like to perform services for 
clients in the district from doing so. Recusing oneself is apparently 
not enough, the act of being compensated for work that goes in front of 
the SHC is the ethics violation. 

Our last architect resigned over this very issue because he was hired to 
do work for a property within one of our districts. 

How are other communities handling this type of situation? Is anyone 
else aware of other ethics decisions that go against this ruling? 

The ruling can be found here: 

*http://tinyurl.com/3dkjzd7* 

Thanks, 

Ralph Slate 
Springfield Historical Commission 
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