I wonder if Preservation Pittsburgh has evaluated its potential legal exposures created by having the organization’s president Matthew Falcone serving as a Pittsburgh Historic Review Commission member? As Preservation Pittsburgh’s leader, he nominates properties to become City of Pittsburgh historic landmarks. As a commissioner, he debates the merits of those nominations and votes on recommending designation to the Pittsburgh City Council. In 2020, Falcone even nominated, debated, and voted on the designation of his own home.

Curiously, Pittsburgh’s historic preservation law makes all of this possible. It created a massive legislative loophole that enables this conflict of interest:

Submission of a nomination by a member of the Historic Review Commission, the City Planning Commission, or the City Council shall not preclude that member from full participation in the review of the nomination nor from voting on the recommendation or designation. (Pittsburgh Municipal Code §1101.03(a)(1)(b).

There’s no doubt that the HRC plays an outsize role in whether properties get landmarked or not. Being the board’s resident historic preservation expert doesn’t help, either. Along with the Planning Commission, the HRC acts in an advisory capacity under Pittsburgh’s historic preservation law. In its final say, the City Council puts great weight on what the two boards recommend.