[MassHistPres] MassHistPres Digest, Vol 66, Issue 25

Tue Aug 23 14:36:01 EDT 2011

Newton has a plethora of architects serving on HDC's we do have to remind them that they cannot do work in the districts and it has dissuaded some potential volunteers, but other than that there hasn't been much of an issue with it.  In all honesty those that didn't end up volunteering clearly were not interested in volunteering and only wished to have an appointment for networking and business reasons.  Once once got into ethics their interest waned  I do have a special intro speech just for potential architect volunteers about conflict of interest.  I did actually have someone who insisted that having this person as a Commission member and working in the district would be an asset as projects could be "pre-screened."

I'm surprised that a city the size of Springfield would have a problem finding volunteers.  We have retired architects, those that simply don't do work in Newton, architects who generally don't do work with residential (which is the majority of the LHD's), and others. Some of them are AIA members and others not.  I would think there must be someone out there whose business isn't reliant on Springfield LHD work.  I had an architect volunteer complain about not being able to work in an LHD and once I mentioned that he could work anywhere in the world but on these specific properties he relented and I think realized how silly it sounded. I would encourage some outreach, perhaps an newspaper add or some more noticeable means of soliciting volunteers is needed.

Brian

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Sent: Tue, Aug 23, 2011 12:00 pm
Subject: MassHistPres Digest, Vol 66, Issue 25

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Today's Topics:

   1. Re: Architect appointments to HCs (Chris Skelly)

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Message: 1

Date: Tue, 23 Aug 2011 09:16:54 -0400

From: "Chris Skelly" <skelly-mhc at comcast.net>

Subject: Re: [MassHistPres] Architect appointments to HCs

To: <masshistpres at cs.umb.edu>

Message-ID: <014201cc6196$ee11bbb0$ca353310$@net>

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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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