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Advisory opinion request from Ms. Sonya LaComb, regarding whether she may serve on the National Historic Register (NHR) review committee when she owns a NHR structure. |
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Ms. LaComb currently serves as a volunteer Preservation Commissioner for the City of Lafayette. Recently, a volunteer position on the NHR review committee has become available, and Ms. LaComb's city liaison would like to recommend her for the position. The Division of Historic Preservation is requiring a conflict of interest clarification based upon the fact that Ms. LaComb owns a NHR structure, which is currently in Phase 2 of the restoration tax credit process at the federal level. Ms. LaComb stated in a follow up conversation that she may be required to appear before the review committee to seek a final approval to get the tax credit, but that she would be willing to recuse yourself from any and all dealings with her NHR structure should it come before her agency.
According to the Historic Preservation's National Register Coordinator, Ms. Pat Duncan, members are selected to the review committee beginning with an initial announcement on its website and Facebook page. At which point the agency then gathers resumes which are filtered through the Director and ultimately to the Assistant Secretary with the Office of Cultural Development for final selection. The position is one in which candidates apply, but are ultimately appointed.
Ms. Duncan stated that Ms. LaComb is in the process of seeking a tax credit on the federal level for her NHR structure. In order to qualify for the credit, the building must be on the National Historic Register of Historic Places (Register). Ms. Duncan stated that Ms. LaComb's structure is already on the Register. Accordingly, once a structure is on the Register, it will no longer need to come before the review committee in which Ms. LaComb may be appointed. The review committee is not involved in the final process for a tax credit, and is not required to sign off on the matter.
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Section 1113B of the Code states that no appointed member of a board or commission shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
Section 1112 of the Code prohibits a public servant from participating in a transaction in which she has a substantial economic interest in which she may be reasonably expected to know.
Section 1120.4 of the Code provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate Section 1112 of the Code. Further, the appointed member may not discuss and debate the matter.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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