96 N.J.L.J. 1150
September 27, 1973
OPINION 262
Conflict of Interest
County School Attorney
Representing Civil Service Council
This Committee has received an inquiry as to whether it is
ethical for an attorney to represent both the county board of
education and a civil service council which handles contract
negotiations for various employees, a number of whom are employees
of the same county. The attorney is counsel for the county
vocational school board of education whose members are appointed
and whose work is financed by the county board of freeholders. None
of the employees of the school board is a member of the civil
service council.
We have dealt with the subject of conflict of interests on
many occasions and in particular with those conflicts which arise
in the context of public employment. In Opinion 106, 90 N.J.L.J. 97
(1967), we dealt specifically with the county attorney and the
conflicts involved in his representation of private clients before
various county agencies and we said that it is improper for the
county attorney or his associates to represent private clients
before such agencies. What was said about the county attorney
applies equally to attorneys representing other county boards and
agencies whether they be considered autonomous or not. The attorney
for the county vocational school board of education is a member of
the official family of the county. In the words of Opinion 106,
"his conduct must be such as to prevent any inference arising that
he is using his public office for private gain." In representing
employees in contract negotiations with the county, he is inviting
just that inference and, accordingly, such representation would be
improper so long as he remains one of the county attorneys.