Advisory Opinion No. 95-26

Re: John C. Levanti, Esq.

This Advisory Opinion is addressed to John C. Levanti. Mr. Levanti is an attorney who has been appointed as Town Solicitor for the Town of Westerly, Rhode Island. Mr. Levanti advises that he has a private business interest in connection with the ownership of an apartment building located in the municipality, and that a portion of the apartment building is leased to an individual who receives a rent subsidy under a HUD program. Mr. Levanti advises that this HUD program is administered by the Westerly Housing Authority.

Mr. Levanti indicates that the Westerly Housing Authority is an autonomous body that operates independently of the Westerly Town Council, and that the Authority has their own attorney who is in no way connected with the office of the Westerly Town Solicitor. Mr. Levanti has no supervisory or other power over the Westerly Housing Authority or the attorney representing the Housing Authority. The members of the Westerly Housing Authority are all appointees from a previous town council. Mr. Levanti requests advice under the Code of Ethics as to his current ownership of the real estate in Westerly and his simultaneous service as Town Solicitor for the Town of Westerly.

Because of the fact that Mr. Levanti's activities as Solicitor are in no way connected with the Westerly Housing Authority, and the fact that the Westerly Housing Authority has its own attorney independent of the Town Solicitor, we conclude that no violation of the Code of Ethics will result solely by virtue of the fact that John C. Levanti, Esq., Town Solicitor for the Town of Westerly, simultaneously owns an apartment business in Westerly, Rhode Island which receives a rent subsidy under a federal program administered by the Westerly Housing Authority. However, we caution and advise Mr. Levanti that in the event his duality of status should ever impair his independence of judgment as to his official duties or require him to disclose confidential information acquired by him in the course of his official duties, he should (a) notify the Westerly Town Council, in writing, of the nature of his interest in the matter at issue, and (b) recuse from any participation or vote in connection with the matter.

By way of example, in the event of a vacancy on the Westerly Housing Authority, and in the event said vacancy is to be filled by the current Westerly Town Council, we advise Mr. Levanti that he should not advise the Council in connection with the filling of said vacancy but should recuse from such advice and conduct during the time he simultaneously owns the real estate receiving the rent subsidy through the Housing Authority.

We remind Mr. Levanti that any recusal notices should also be filed with the Ethics Commission as required by R.I. Gen. Laws § 36-14-6.

Keywords

Business Interest

Property Interest