Atlantic City Mayor Resigns, Citing Health Problems

Oct 10, 07:50 PM

Current Headlines: ATLANTIC CITY, N.J. _ Mayor Bob Levy resigned Wednesday morning, two weeks after checking into a North Jersey psychiatric clinic because his use of prescription pain medications had left him in a deteriorating condition, his lawyer said.

Levy's resignation was effective immediately, and by Wednesday afternoon William "Speedy" Marsh, the president of the City Council, had been sworn in as acting mayor.

Levy, 60, decided to call it quits on his $100,000-a-year job because of health concerns and a federal investigation into whether he embellished his Vietnam War military service record to collect a larger pension than he is due, said his attorney, Edwin J. Jacobs Jr.

"You can't fool with the federal government, they fought and won two wars and print their own money," Jacobs said. "So we've taken this investigation very seriously from the beginning."

Jacobs said Levy suffers from arthritis, spinal injuries, and post-traumatic stress disorder. He was on a number of pain medications as he dealt with his physical problems. Jacobs said he thought Levy was overmedicated, and in a deteriorating condition, so he recommended that Levy see a new doctor; that doctor urged Levy to go through detox from the medications, which he has now done.

Levy checked into the Carrier Clinic in Belle Meade, N.J. _ a private, nonprofit hospital in Somerset County specializing in psychiatric and addictive illnesses _ after he disappeared from public life on Sept. 26, and remained there until last Thursday. He has returned home to convalesce for four to six weeks, his lawyer said.

With the "overlay" of a federal Department of Veterans Affairs investigation and the health issues, Jacobs said, the stress was too much for Levy to do an effective job and retain his office.

"The federal investigation took this beyond the boundaries of what he could deal with," Jacobs said. "It became apparent to us, for the sake of Atlantic City and its residents, this was the right thing to do."

Jacobs said he was in discussions with the U.S. Attorney's Office "in the hopes of achieving a fair and expeditious resolution of all these issues." He said the investigation involves about $24,000 in benefits Levy has received during the last four years.

Jacobs said the federal probe was narrowly focused on two entries that had been made years ago in Levy's service record involving a Combat Infantry Badge and a set of Paratroopers Wings. Levy did serve two tours of duty in the Vietnam War and did receive two Bronze Stars for bravery and "five or six" other medals that were not in question, his lawyer said.

"So far as we know, no part of the federal investigation includes any allegation that Mr. Levy in any direct or indirect way abused the electoral process or his position as mayor, or was corrupted by criminal influences," Jacobs said.

Levy was a lifeguard as a teenager and then served 20 years in the military, some of that time as a recruiter in Atlantic City. After leaving the military, he became head of the beach patrol and then director of emergency management, until he was elected to office in 2005.

Earlier this year, Levy admitted he falsely claimed during the mayoral campaign that he had been a member of the elite Green Berets in Vietnam.

Jacobs described Levy Wednesday as a career veteran who had served in the Army from 1964 to 1984, after he volunteered for service as a teenager.

"If Bob has done anything wrong, Bob is going to remain responsible as he has done his whole life," Jacobs said. "He volunteered during Vietnam, and he didn't do it as a lark. Lots of us were hiding out at the time _ I was. But Bob was there when the bullets were flying."

When Jacobs was questioned Wednesday about why his client allowed his disappearance to become fodder for speculation and political intrigue, the lawyer said it had never been Levy's intention, nor his, for the hype to reach the boiling point that it had.

"We were forthright," Jacobs said. "On the 24th of September, we hand-delivered the letters to the city clearly stating that he was being treated in a hospital. Why this information was not disclosed was apparently done for reasons I cannot explain and for which we are not responsible."

Despite repeated requests by the media for information about exactly what was going on with Levy and his absence, officials in City Hall had refused to comment on the situation.

Business Administrator Domenic Cappella _ who, to the consternation of other city officials, named himself acting mayor during the entire ordeal _ waited until Tuesday to release to the public a copy of Jacobs' letter.

Jacobs said that in the interim _ while Levy was in the hospital for treatment _ he had been out of the country on vacation and was unaware that information was not being properly distributed.

"We weren't contacted and asked to release it," said city solicitor Kimberly Baldwin. "They never asked us to release it. We believed we were properly protecting his privacy rights."

New Jersey Gov. Jon Corzine on Wednesday welcomed the news of Levy's resignation, saying the political situation in Atlantic City was now "moving in the right direction and cleaned up."

"We offer whatever resources the city needs to be able to have a smooth transition, and I think that will take place," Corzine said. "We will monitor it closely."

In the meantime, it is unclear how long Marsh's tenure will be.

Under the Faulkner Act, the city Democratic Committee _ Levy was elected as a Democrat _ has 15 days to submit three names as an official replacement to City Council. The candidates must be registered Democrats and residents of Atlantic City, according to the League of Women Voters.

City Council will then have 30 days to select someone from the names submitted. If the council cannot agree on anyone from that pool, something called a "city party" would be formed to unilaterally come up with a name. If that group fails to produce a name, the city clerk would be required to set up a special election.

The balance of Levy's term would then be up for grabs in next year's election. Because Levy's resignation was made after the Sept. 30 deadline, such an election could not be called this November.

Insiders say it is likely Marsh's name will be among those offered by the Democratic Committee within 15 days.

"I want to wish Mr. Levy well in all that he is going through at the present time. My thoughts and my prayers are with Mr. Levy and his family during his challenging times," Marsh said. "It is important for the people of Atlantic City to know that the chaos that has surrounded the administration side of their government is now over."

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(Philadelphia Inquirer staff writers Amy S. Rosenberg and Maria Panaritis contributed to this report.)

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