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Committee weighs limited solicitation power for state historic preservation officer amid ethics concerns
Summary
Members considered draft language to allow the state historic preservation officer to solicit gifts for specific site projects, with counsel noting Title 3 §123G requires approval and raises ethics questions; members favored narrow, project‑specific approval and reporting safeguards.
The committee examined proposed language that would permit the state historic preservation officer to solicit and accept gifts for defined projects, and discussed whether that authority would create an ethics risk for state officials.
Legislative counsel read elements of Title 3, section 123G (ethics code), observing the code prohibits public servants from soliciting a gift unless permitted. Counsel and members discussed the difference between accepting a gift and soliciting one: the historic preservation officer currently may accept gifts for state use but would need approval to solicit. Counsel described an approval process in which the officer would request Secretary of Administration approval to solicit for a specific project, identifying the fundraising goal and intended use; acceptance of any large gift would also be subject to administrative approval and reporting.
Some members expressed concern about a slippery slope of public officials soliciting donations, while others noted narrow, situational authority (for specific preservation projects) could address maintenance gaps at historic sites. Members suggested guardrails: narrow purposes, Secretary approval to solicit, public reporting of gifts accepted, and limiting solicitation authority to the division's defined projects.
