Advisory Opinion No. 95-19

Re: Frank J. Williams, Esq.

This Advisory Opinion is addressed to attorney Frank J. Williams, elected Town Moderator for the Town of Richmond. Mr. Williams has advised the Commission by letter that the extent of his responsibility as Town Moderator is to preside at the annual Financial Town Meeting for the Town of Richmond. His duties do not include participating in the preparation of the town's budget or in the operation of any town department, board, commission or council. Also, his duties do not include making or participating in appointments to any of the town's boards, commissions, agencies or departments. Finally, he waives the annual $75 fee to which he is entitled as Town Moderator.

On February 10, 1993, the Commission issued Advisory Opinion No. 93-6 to the Respondent. The Commission advised him that Regulation 36-14-5008 prohibited him from representing private clients before boards and agencies in the Town of Richmond while simultaneously serving as the town's elected Town Moderator. Since that date the Commission has approved a revised version of Regulation 36-14-5008.

Mr. Williams requests advice from the Commission as to whether he may appear before agencies and boards of the Town of Richmond in connection with his representation of private clients in light of the revised language of Regulation 36-14-5008.

We note that Mr. Williams' responsibilities as Moderator are solely to preside and maintain decorum at the annual Financial Town Meeting, and that he declines the $75.00 annual stipend provided for by the town. We further note that none of his responsibilities as Moderator cause him to exercise any sort of fiscal or jurisdictional control over any agency, board or other entity of the town's government. Regulation 36-14-5008, as revised, prohibits public officials from acting as agents or attorneys only before those agencies and boards over which they exercise either fiscal or jurisdictional control. Based on the revised language of the Regulation, and the representations made by Mr. Williams as to the extent of his responsibilities as Moderator, we now conclude that during his tenure as Town Moderator Mr. Williams may also represent private clients before the Zoning Board, Town Council, Planning Board, and all other municipal departments.

Keywords

Acting as Agent