Subject: File No. S7-45-10
From: Tim Simon

February 18, 2011

Dear Ms. Murphy,

I am writing to express my concern that the SEC's proposed definition of municipal financial advisors (SEC Rule 34-63576). Appointed board members serve a vital role in policy making and decision making as do municipal employees and elected board members. All members serving on a government body should be exempt from the municipal financial advisor definition, whether appointed, elected or an employee. Appointed members are typically citizens in the community and have special expertise that is critical to making decisions, policies, and recommendations to the City board. Having the federal restriction on appointed local governing boards could deter citizens from participating.

Tim Simon
Finance Director
City of Elk River