Providence’s Use of City Solicitor in Jackson Recall Could be Conflict
Thursday, October 27, 2016
The legal proceedings in the case of the effort to recall City Councilman Kevin Jackson could take a new turn.
The City Solicitor's office -- who is representing the Providence Board of Canvassers in the recall effort -- is also tasked with representing members of the City Council, under City Charter.
So is there a conflict?
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe City Charter Language Raises Questions About Conflicts
According to the Providence City Charter, the legal department cannot serve two masters. And, in fact may have to hire outside counsel.
Specifically, the code of ordinances in the city charter, section 603(b)(2), “the powers and duties of the city solicitor shall be, without limitation, the following;”
(1) To appoint a deputy and such number of assistant city solicitors as may from time to time be authorized by the city council. All persons so appointed shall be attorneys at law in good standing of the State of Rhode Island;
(2) To be the chief legal advisor of and attorney for the city and all departments, boards, commissions, bureaus, and officers thereof in the matters relating to their official powers and duties.
Currently, there are three sets of legal teams -- Jackson's attorneys Artin Coloian and Daniel Calabro Jr.; recall organizers Patricia Kammerer and Karina Wood's lawyer, Dawn Euer; and the City Solicitor's office, who is representing the Board of Canvassers.
Inquiries into all three teams were not responded to on Wednesday morning, including whether or not the city will have to hire outside counsel due to the purported conflict.
The most litigious political battle in Rhode Island may be getting even more litigious.
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