Thomas MacMillan Photo
Rizzo at the BZA in June.
Andy Rizzo retired from his post as the city building official in April. By June, he was back among former colleagues, asking for zoning relief on behalf of a local housing agency — in apparent violation of the city’s code of ethics.
Rizzo (pictured in June) appeared at both the June and July meetings of the Board of Zoning Appeals (BZA). The agenda listed him as the applicant representing the not-for-profit Mutual Housing Association. The affordable housing agency was looking for a special exception and a zoning variance for its property at 193 Winthrop Ave.
On Tuesday, at the July meeting of the BZA, Rizzo rose and made the case for allowing a smaller front yard at the property than is otherwise required by zoning regulations.
In doing so, Rizzo may have violated the city’s code of ethics.
That’s the appraisal of one city lawyer, a former city lawmaker who specialized in ethics issues.
The relevant law is contained in Chapter 12 and five-eighths of the city’s Code of General Ordinances, entitled “Ethics in Local Government.” It serves to “provide specific articulation” of the “Code of Ethics,” which is enshrined in the city’s charter.
Letter F of Section 12 5/8 – 5 states: “A public official or municipal employee has a conflict of interest if, during the one-year period after termination of their city employment or term of office, they act as a lobbyist for or against any legislative, executive, or administrative action or decision by the city.”
The code prohibits conflicts of interest.
“It doesn’t sound like he should be doing what he’s doing,” said attorney Carl Goldfield, former president of the Board of Aldermen. “Over the years working for the city you build relationships, and you shouldn’t be leveraging those on behalf of a client.”
“It’s inappropriate, for the same reason that anti-revolving-door legislation has been created all over the place,” Goldfield said, referring to laws that prevent elected officials from leaving office to become political lobbyists.
“It creates the appearance that someone on the inside has relationships and can be exploited. You should wait a period before you start trying to lobby or influence your former colleagues.”
“I have a lot of respect for Andy,” Goldfield added. “I think he’s a great public employee.”
In a separate matter, Rizzo cashed in on $43,848.72 in unused sick time upon his April retirement — one of two five-figure payouts to departing DeStefano Administration officials that may have been illegal. Read about that here.
Rizzo at the zoning board in July.
“I’m here representing Mutual Housing corporation,” Rizzo began when he addressed the zoning on Tuesday. He said a smaller front yard at 193 Winthrop Ave. would be “within the scope of the neighborhood.”
“I was here last month, if you remember,” he said.
The BZA didn’t rule on the July application, but voted to grant Rizzo’s June application on behalf of Mutual Housing.
Asked after his presentation about his relationship with Mutual Housing, Rizzo said he is a consultant. He offered a business card for AR Consulting, LLC, listing his title at “building code consultant.”
Among the services listed on the card: “Permit expediting.”
Rizzo said that before he stopped working for the city, he made sure his consulting business would be legal.
“This has all gone through [city government’s] corporation counsel,” he said. “This was key to my retirement.”
City corporation counsel Victor Bolden said he didn’t exactly give Rizzo the green light to do what he’s doing.
“What I would have done is sat down and walk through [the Code of Ethics] with Andy,” Bolden said. “I wouldn’t have said, ‘This is fine.’ I would have said the Board of Ethics is the ultimate authority.”
Melissa Bailey Photo
Rizzo at a Mutual Housing groundbreaking in June.
Bolden said his standard procedure when people come to him with questions about ethics is to give them a primer on the city’s ethics regulations and then tell them that “if there’s a question, you should go to the Board of Ethics.”
Bolden said that since the board is the ultimate authority on the Code of Ethics, “I don’t give legal opinions on the code.”
Asked about possible penalties for a breach of the code by a retired city employee, Bolden said it’s “an interesting question,” since the person wouldn’t be subject to the disciplinary measures for active city workers. He again deferred to the Board of Ethics.
“This case hasn’t come to us. I’m not going to comment on this case,” said Charles Lemert, one of three members of the Board of Ethics.
“I would not want to comment on it until I have actually seen a specific request for this,” said Rev. Samuel Ross-Lee, another board member.
The third member, Leslie Arthur could not be reached for comment.
“I’m just in my second year on the Board of Ethics and in that time we’ve only heard one case and that was also a conflict of interest,” said Lemert, a sociologist who teaches at Wesleyan.
The board hasn’t met since March. The last four monthly meetings have been cancelled.
“There are only three of us,” Lemert said. “During March and April I was out of the country. Somewhere in there the city attorney had elbow surgery. But on the other hand, there were no agenda items other than approving the minutes of the previous meetings. You can’t have a meeting unless someone brings a case.”
City government does not have an equivalent of a police internal affairs agency to initiate its own inquiries into potential ethics violation. Someone must have an interest in an ethics case and formally request an opinion from the Board of Ethics through the office of the corporation counsel.
According to minutes for February and March meetings, the Board of Ethics considered two cases this year.
The first was brought by Cherlyn Poindexter, head of the city’s Local 3144 managers union. She complained about the hiring of Eric Valli to a $50,000 position in the city’s Office of Information Technology, where his father, Robert Valli, also works. She charged that the hire was a violation of the city’s policy on the hiring of relatives.
The board ruled unanimously that the situation was not an ethics violation because Robert has no specific supervisory role in the office in relation to his son.
The second case was brought by Al Lucas, head of the Board of Aldermen’s Office of Legislative services. Lucas wanted to know if it would be a permissible to hire the top candidate for an “administrative records coordinator” job opening — the daughter of a sitting alderwoman.
The board ruled unanimously that it would be permissible, since aldermen don’t oversee the position.
City government does not have an equivalent of a police internal affairs agency to initiate its own inquiries into potential conflicts of interest.