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Duane Gall, Esq. Page 2 penalties of up to $10,000 for each day of violation of the State Water Quality Control Act. At a recent meeting, attended by counsel for both the Division and Wyoming Fuel (as well as repre- sentatives of the other state agencies and their counsel), the Division presented its initial penalty assessment to representa- tives of Wyoming Fuel. Again, this matter has not yet reached final resolution. I was recently informed by a representative of the Division, Sandy Marek, that on August 2, 1988, you came to the Division and spoke to Sandy about the Division's practice in recommending appropriate penalty amounts in administrative enforcement actions. You inquired about other cases in which the Division had assessed civil penalties, and wanted to know if any such cases involved discharges of toxic substances. According to Sandy, although you indicated you were an attorney, it was not clear until the conversation had gone on for a period of time that your firm represented Wyoming Fuel. I had no advance knowl- edge of this contact between yourself and Sandy, and only learned ._ .= of it after I was so informed by Sandy. ._.._ Dnder the circumstances, your direct contact with a member of my _. :_- client agency, on a matter which so directly impinges on a pend- ing administrative enforcement action, without any attempt to clear the contact through myself, can only be viewed as grossly _..__- improper. See DR7-104(a)(1). In our telephone conversation, you ___- asserted that you did not realize a formal enforcement action by the Division was pending against Wyoming Fuel. Obviously, you ... now must realize that such is the case. I trust that in the future, no contact by representatives of your firm or by any other counsel representing Wyoming Fuel, will be made with the Division concerning the present enforcement action, or matters related thereto, without prior clearance through me. Should any additional direct contact occur, my recommendation to the Division would be that such conduct be viewed as uncoopera- tive and relevant to the amount of penalty recommended by the Division to be assessed against Wyoming Fuel. You have indicated that you wish to view certain public records of the Division relating to enforcement action in other matters. As we discussed, you agreed to make that request in writing. Obviously, under the circumstances, that request should be directed to me.