[MassHistPres] Architect appointments to HCs

[Chris Skelly]

While it is certainly preferable to have an architect serving on your
historic district commission, it isn't a requirement under the state law for
local historic districts. The state law requires a process of contacting AIA
but if no nominees are put forth by the AIA, then the appointing authority
can appoint a non-architect.  There are many local historic district
commissions, particularly in small towns, that do not have an architect
serving on the commission. Chris.

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
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-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ralph Slate
Sent: Monday, August 22, 2011 10:51 PM
To: MassHistPres MA
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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