[MassHistPres] Special Municipal Employee (SME)

[Barbara Carboni]

All,

I don't think you can have an exemption from 268A s. 17 for any particular category of individuals.  The statute contains a number of exemptions within it ("this section shall not prevent. . . ") and I think that is all that would be available.

To me, the issue isn't whether you have  special municipal employee status.  It's whether you can appear before your own board/commission, and I believe the answer to that is no.  So,  an individual has to choose between being on a board/commission, or being able to appear before the board/commission.  This may limit the pool of people willing to serve, but I don't think there is any way around it.  Any distinguished retired architects available?

Barbara

Barbara Carboni  AICP  MCPPO
Truro Town Planner and Land Use Counsel
(508) 214 0928

From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Michael Tubin via MassHistPres
Sent: Friday, June 28, 2024 8:08 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Special Municipal Employee (SME)

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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