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In a city the size of Savannah — where professional and personal paths often intersect — appointed boards frequently encounter potential conflicts of interest, requiring members of these bodies to recuse themselves or state for the record their relationship to the petitioner.
Lately, the issue has become a sticking point for the Historic District Board of Review, causing some tension among its members.
For several months now, board member Nicholas Henry has asked that two of his fellow board colleagues, Robin Williams and Justin Gunther, recuse themselves on petitions from local architect Christian Sottile.
Sottile runs his own private architecture practice, Sottile & Sottile, but also serves as dean of the School of Building Arts at the Savannah College of Art and Design, where Gunther and Williams work.
Williams is chair of the architectural history department and reports directly to Sottile while Gunther, a professor of historic preservation, reports indirectly to him. Both have stated their relationship with Sottile on numerous occasions during board meetings, but this has not satisfied Henry.
“Let me just say that these two members are honorable, decent people,” Henry said. “But the issue is the appearance of a conflict of interest.”
Henry said he’s not the only member to feel this way — with both current and former members of the board expressing some reservations — but said he was the only one willing to speak out about it.
“They’re basically making a judgment on their boss’ income,” he said, adding there could be consequences for a negative vote.
Gunther said the issue first came up during the height and mass petition of Richard Kessler’s hotel project on West River Street, a large-scale development being designed by Sottile & Sottile.
“Before that meeting occurred, I contacted (MPC staff) to see if they perceived any conflict of interest,” Gunther said.
MPC staff then contacted the city attorney’s office. In a November 2014 email from assistant city attorney Jennifer Herman, she wrote that because the two professors are SCAD employees and not direct employees of Sottile’s firm, they do not stand to gain any financial advantage.
“My recommendation is that the affected board members disclose the association and participate provided they and the other board members believe they can maintain impartiality,” Herman wrote.
Since then, board chairman Keith Howington has stated the association between Gunther, Williams and Sottile each time Sottile has appeared before the board, usually followed by Henry stating his preference for the two to recuse themselves.
This happened at the most recent meeting of the board on March 11, causing some friction.
“This has been beaten into the ground I don’t know how many times,” Gunther said. “I thought we tackled this issue appropriately before it even started by going all the way up the ladder.”
Gunther said he feels that, as with all the other petitions the board hears, he has evaluated Sottile’s petitions fairly.
“I can make fair and unbiased opinions because I do not perceive any conflict of interest,” he said.
The relationship has not stopped Gunther or Williams from asking critical and sometimes pointed questions of Sottile during their meetings. Both members frequently volley questions on materials, measurements and other aesthetic considerations, not always in a favorable manner.
Sottile declined to comment for this article and Williams did not return telephone calls.
Tom Thomson, executive director of the Metropolitan Planning Commission, said he goes over this issue in depth during orientation with new planning board members because it arises so frequently.
“We do our due diligence to make them prepared for this type of situation,” he said.
Thomson said he encourages all members to be as transparent as possible and cites previous cases as examples of what not to do.
“The law says if you have a direct or financial interest then that is a conflict and you should clear the conflict and step down and leave the room,” he said.
Then there’s the gray area, he said, which in a city like Savannah, usually involves a colleague, friend or neighbor.
“My advice (to new members) is to state what the relationship is and that they are here to listen to all the information and make an objective decision,” he said. “The two individuals stated the situation, it’s on the record and people can evaluate how they behaved.”
Henry said he is not sure if he will continue to raise the issue, but feels adamant that optics are important.
“It’s the appearance, that’s my issue,” he said.