From:
Fred Hopengarten K1VR 781/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
On Fri, 10 Apr 1998 10:01:37 -0400 Pete Smith <n4zr@contesting.com>
writes:
> [I've just been named to a Board.] Of course,
>this means that I'll have to recuse myself on all issues having to do
>with *amateur* towers
K1VR: Au contraire, mon ami. A board member must recuse himself where a
decision could hurt or benefit himself directly -- where, for example,
your brother applies, or your company. This would be a "personal
interest." But when the only connection is "subject matter interest,"
there is no need to recuse oneself. In fact, very strong arguments are
often made that he who is most familiar with the subject matter should
NOT recuse himself (absent a conflict of interest) because to do so would
deprive the Board of the knowledge of the MOST knowledgeable person on
the Board!
Here's a parallel example: Suppose one member of an appropriate Board
has a special interest in recycling. He writes articles to the paper
about it. He serves on the high school's recycling advisory committee.
He reads everything in print about recycling. He helps organize the
annual "Walk for Earth Day." Should he recuse himself when a proposal to
add "grades of plastic" recycling comes along? Answer: No.
So don't sit on cases involving homes within 300 feet of yours, where a
relative or a business interest is involved. But when a ham from across
town applies for a tower, you owe it to your town to sit on the case.
I just presented a tower application to a Board of Appeals where the
senior member was a ham, and a professional engineer. He did not recuse
himself, and no one asked him to do so. In fact, the other Board members
looked to him for leadership on the issues presented.
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