[MassHistPres] Architect appointments to HCs

[Dennis De Witt]

Brookline's commission currently has three practicing architect members.  With the exception of a single year there has always been at least one architect on the commission.  Generally they have not done work in Brookline and I cannot recall any conflict problem that has ever arisen.  

The opportunity for conflict involving brokers has sometimes seemed more apparent.

Dennis De Witt

 

On Aug 23, 2011, at 6:12 PM, Sullivan, Charles M. wrote:

> Architect members of a commission contribute invaluable expertise in building design and technology. For decades the Cambridge Historical Commission had three architect members. Potential conflicts of interest have caused two to resign in recent years.
>  
> Members of historical commissions and historic district commissions are subject to the Massachusetts conflict of interest statute, Ch. 268A, which prohibits them from representing a third party before their commission, or accepting remuneration from a third party in connection with any matter before the commission. (This also applies to lawyers, landscape architects, and anyone else who might represent a client.) This restriction applies even when a partner of a commissioner represents the third party, because partners in a professional practice pool their income. However, recusal may be an option for an architect member who is an employeeof a firm, as long as he or she is not a partner or a sole practitioner.
>  
> We value the Boston Society of Architects' guidance in these appointments, and we have urged them with some success to solicit nominees from those who would not automatically have a conflict of interest, such as salaried or retired architects, academics, or members of related professions. We have also suggested to the BSA that it would be in the interest of their profession to seek an amendment to Ch. 268A to allow their members to serve on local boards and commissions.
>  
> Charles Sullivan
> __________________________________
> Charles M. Sullivan, Executive Director
> Cambridge Historical Commission
> 831 Massachusetts Avenue
> Cambridge, Mass.  02139
> 617 349-4684 (direct line)
> 617 349-3116 (fax)
>  
>  
> -----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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