ILLINOIS POLLUTION CONTROL BOARD
    December 14, 1994
    LAND AND LAKES COMPANY,
    )
    JMC OPERATIONS, INC.,
    and
    NBD TRUST COMPANY OF
    )
    ILLINOIS as trustee under
    )
    Trust No. 2624EG,
    )
    )
    Petitioners,
    )
    v.
    )
    PCB 94—195
    )
    (Land Siting Review)
    VILLAGE OF ROMEOVILLE,
    )
    )
    Respondent.
    DISSENTING OPINION (by J. Theodore Meyer):
    I dissent from the majority’s finding that the Board has the
    authority to enforce the conflict of interest provisions of the
    Illinois Rules of Professional Conduct.
    Nothing in the Illinois Rules of Professional Conduct gives
    this Board the express authority to enforce those rules. The
    Board is an administrative agency, and I would decline to assume
    any implied authority to administer rules governing professional
    conduct. The majority relies on our procedural rule governing
    appearances and withdrawals, coupled with our rule allowing for
    sanctions, to conclude that the Board must determine whether
    there is an imperxnissible conflict of interest. I fail to see
    how those two rules somehow give the Board an obligation to
    enforce the Rules of Professional Conduct.’
    I note that in People v. Kershaw (July221 1993), PCB 92-
    164, cited by the majority, the alleged conflict concerned the
    Board as a “client” of the attorney, and the question of whether
    the Board might consent to the alleged “dual representation”.
    The instant case presents allegations of conflict of interest
    between the Herschbach firm and the parties, not involving the
    Board as a “client” who might consent to the alleged conflict.
    Thus, I would have denied the motion to disqualify on the
    1
    I also note that in this landfill siting appeal, if the
    majority had found a conflict of interest and disqualified the
    law firm, that attorney could have simply appeared on behalf of
    the Village of Romeoville as a “consultant”. Our rules allow
    non—attorneys to appear as a representative of a party in all but
    enforcement cases. (35 Ill. Adm. Code 101. 107 (a).)
    2
    grounds that the Board has no express authority to enforce the
    provisions of the Illinois Rules of Professional Conduct, and
    because Land & Lakes cites no other basis for its motion. I take
    no position on the merits of the allegations of conflict of
    interest.
    For the above reasons, I dissent.
    J. ¶~eodoreMeyer
    Board Member
    I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above dissenting opinion was filed
    on the /~5~Z day of
    ______________,
    1994.
    Dorothy
    ~4’J
    Gunn, Clerk
    IllinoisL/Pollution Control Board

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