Town of Johnston v. Santilli

Summary

The Rhode Island Supreme Court held that the Johnston Town Charter requires the town solicitor to serve as legal counsel for the Johnston School Committee and generally prohibits the committee from retaining independent counsel. The court recognized an exception when ethical or professional obligations prevent the town solicitor from representing the committee, requiring conflicts to be assessed on a case-by-case basis. The court reversed the Superior Court's declaratory judgment and remanded the matter.

Holdings

1. Section 6-4 of the Johnston Town Charter, which requires the town solicitor to represent all departments, offices, and agencies of the town, applies to the Johnston School Committee because the committee is a municipal body within the charter's coverage.
2. The school committee may not retain independent legal counsel as a general matter because section 6-4 requires representation by the town solicitor, subject to the recognized exception when the solicitor refuses to act, is incapable of acting, or is ethically disqualified.
3. Ethical conflicts do not create an automatic, categorical bar to the town solicitor's representation of the school committee; conflicts must be assessed case by case under the Rhode Island Code of Ethics and the Rules of Professional Conduct.

Questions Presented

1. Whether the Johnston Town Charter provision requiring the town solicitor to represent all departments, offices, and agencies of the town applies to the Johnston School Committee.
2. Whether the school committee is prohibited from retaining independent legal counsel under the ratified charter provision.
3. Whether ethical obligations and conflicts of interest create an absolute bar to representation of the school committee by the town solicitor or instead require a case-by-case determination.
4. What standard of review governs interpretation of the Johnston home-rule charter.

Disposition

reversed_and_remanded