[MassHistPres] Special Municipal Employee (SME)

[mjtubin at verizon.net]

MGL Chapter 268A, Section 17 prohibits a municipal employees (which HDC
members are considered) from receiving compensation from or acting as agent
or attorney for anyone other than the town in a matter in which the town has
a direct substantial interest. You can apply for SME designation if you are
presenting before other boards/commissions, but it is being interpreted by
the State Ethics Commission that any person that presents before their own
board or commission and has financial gain, can not be considered Special
Municipal Employee and therefore can not be on the board/commission. 

Chapter 40C Historic Districts requires one member of the Historic District
Commission be "one member from two nominees submitted by the chapter of the
American Institute of Architects covering the area". Naturally, an architect
from the area may, at some point may present before the HDC. Should the HDC
have a special exemption from Section 17 for Architects? Should we not have
an Architect Designee? It is a very important position on the HDC and one
that we heavily rely on, has anyone run into this issue? 

 

Thank you,

Michael J Tubin

Chairman, Plymouth Historic District Commission

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