Advisory Opinion No. 97-123

Thomas B. DiSegna, Esq. 

QUESTION PRESENTED

The Petitioner, Cranston City Solicitor, a municipal appointed position, requests an advisory opinion as to whether he may appoint an outside legal counsel to represent the Zoning Board of Review in litigation with the City given that he will not take part in the actual decision making process as to who should fill this position.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Cranston City Solicitor, a municipal appointed position, may appoint an outside legal counsel to represent the Zoning Board of Review in litigation with the City provided that he does not take part in the decision making process for that position. The City Solicitor informed the Commission that the City is appealing a decision from the Zoning Board of Review. In order to avoid potential conflicts of interest, the City Solicitor has retained the services of an outside legal counsel for the City to handle the appeal. The Zoning Board of Review also will be represented by outside legal counsel rather than the Petitioner's office. By Charter, the City Solicitor has the authority to appoint outside legal counsel. The Zoning Board does not have that authority. The City Solicitor proposes, so as to avoid a conflict of interest, that the Zoning Board decide which attorney they would like to have represent them and that the City Solicitor then formally appoint the counsel without exercising any discretion and/or otherwise participating in the selection process; i.e., his actions are entirely ministerial. The process outlined by the Petitioner is consistent with the letter and spirit of the Code of Ethics provided that all other provisions of the Charter are followed.

Code Citations:

36-14-5(a)

Related Advisory Opinions:

97-5

96-78

96-4

95-116

93-8

Keywords:

Litigation

Ministerial