ILLINOIS POLLUTION CONTROL BOARD
June
29,
1972
ELGIN JAYCEES
V.
)
#
71—59
TRI-COUNTY LANDFILL COMPANY
etal.
OPINION
AND
ORDER OF THE BOARD TO BAR ATTORNEY
(by
Mr. Currie):
The respondents move that we forbid further participation
in this case of the attorney for the complainant on the ground
he has acted in wholly unrelated matters as
a hearing officer
for
the Board,
Our procedural rule 602
is cited, which prohibits
cx parte contacts with Board members or employees about pending
cases.
The motion inisconceives
the rule.
It forbids
the attorney
to talk to the Board about this case, but there
is no allegation
he has
done so.
Hearing officers are Board employees for this
purpose only
in cases
in which
they are hearing officers.
Hearing
officers
are employed for discrete cases
on a contractual basis and
have
no continuing relationship
to the Board.
Since they cannot under
Rule
602 contact the Board
except as to cases in which they preside,
there
is
no reason they should not participate as parties or counsel
in other cases.
If the rule were otherwise
it would be impossible
to hire part-time hearing officers, on which
our program depends.
The motion
is denied.
I, Christan Moffett, Clerk of the Pollution Control,,poard, certify
that the Board adopted
the above Opinion this
&
9
“
day of June,
1972, by
a vote of
_______
4—733