Advisory Opinion No. 98-64

Re: Mark P. Welch, Esq.

QUESTION PRESENTED

The Petitioner, the North Providence Town Solicitor, a municipal appointed position, requests an advisory opinion as to whether he may represent the Town in a civil lawsuit in which the current Mayor, his appointing authority, previously testified as a witness.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, the North Providence Town Solicitor, a municipal appointed position, may represent the Town in a civil lawsuit in which the current Mayor, his appointing authority, previously testified as a witness.

The Petitioner advises that the current Mayor, Ralph A. Mollis, while serving as Town Councilor in 1996, testified as a subpoenaed witness in a lawsuit filed against the Town of North Providence. Mr. Mollis testified in his capacity as an elected official, not as a private citizen. The plaintiff in the suit alleged that the Town negligently discarded wastewater on to private property(1). The jury awarded damages to the plaintiff and the presiding judge granted a new trial. Both parties have appealed the matter to the Rhode Island Supreme Court.

Based on the Petitioner’s representations, the Commission concludes that the Code of Ethics does not prohibit him from representing the Town in the appeal. No inherent conflict of interest exists by virtue of the fact that the Petitioner’s appointing authority testified as a witness in the matter prior to his election as Mayor. Neither the Petitioner nor the Mayor has any personal interest, financial or otherwise, in the matter, nor would the Solicitor be acting in any way to represent the Mayor’s private interests. The current Mayor testified in the lawsuit as a Town official and the Petitioner’s current representation of the Town is within the scope of his official duties as Solicitor. Since neither the Mayor nor the Solicitor have a personal stake in the outcome of the lawsuit, the Petitioner may defend the Town without running afoul of the Code.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

98-27

92-32

Keywords:

Financial interest

Litigation