§ 2-250.60. Advisory opinion.

(a)

Opinions issued by the ethics review commission.

(1)

Requests by persons other than city officials and employees.

(A)

By writing filed with the city secretary, any person other than a city official or employee may request an advisory opinion with respect to the interpretation of the ethics laws, but only with respect to whether proposed action by that person would violate the ethics laws. The city secretary shall promptly transmit all requests for advisory opinions to the ethics compliance officer and the chair of the ethics review commission. (City officials and employees may request advisory opinions from the city attorney pursuant to subsection (b).)

(B)

Within thirty (30) days of receipt by the chair of the ethics review commission of a request for an advisory opinion, the commission, acting en banc or through a designated ethics panel, shall issue a written advisory opinion. During the preparation of the opinion, the commission may consult with the ethics compliance officer of the city and other appropriate persons. An advisory opinion shall not reveal the name of the person who made the request, if that person requested anonymity, in which case the opinion shall be written in the form of a response to an anonymous, hypothetical fact situation. A copy of the opinion shall be indexed and kept by the ethics review commission as part of its records for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the chair of the ethics review commission or his or her designate, to the person who requested the opinion, to the ethics compliance officer, and to the city secretary. The city secretary shall make the opinion available as a public record in accordance with the Local Government Records Act.

(2)

Opinions initiated by the commission. On its own initiative, the ethics review commission, acting en banc or through a designated ethics panel, may issue a written advisory opinion with respect to the interpretation of the ethics laws if a majority of the commission determines that an opinion would be in the public interest or in the interest of any person or persons subject to the provisions of the ethics laws. Such an opinion may not include the name of any individual who may be affected by the opinion. A copy of any such opinion shall be indexed and kept by the ethics review commission as part of its records for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the chair of the ethics review commission, or his or her designate, to the ethics compliance officer and to the city secretary. The city secretary shall make the opinion available as a public record in accordance with the Local Government Records Act.

(3)

Reliance. If a person reasonably and in good faith acts in reliance on an advisory opinion issued by the ethics review commission, that fact may be considered by an ethics panel in adjudicating a complaint filed against that person, but does not by itself bar the finding of a violation.

(b)

Opinions issued by the ethics compliance officer.

(1)

Requests by city officials and employees.

(A)

By writing filed with the office of the city attorney, any city official or employee may request an advisory opinion with respect to whether proposed action by that person would violate the ethics laws.

(B)

Within thirty (30) days of receipt of the request by the office of the city attorney, the ethics compliance officer shall issue a written advisory opinion. The advisory opinion shall not reveal the name of the person who made the request, if that person requested anonymity, in which case the opinion shall be written in the form of a response to an anonymous, hypothetical fact situation. Copies of the opinion shall be forwarded by the ethics compliance officer to the members of the ethics review commission, to the person who requested the opinion, and to the city secretary. The city secretary shall make the opinion available as a public record in accordance with the Local Government Records Act.

(2)

Reliance.

(A)

Except as provided in subsection (b)(2)(C), a person who reasonably and in good faith acts in accordance with an advisory opinion issued by the ethics compliance officer may not be found to have violated the ethics laws by engaging in conduct approved in the advisory opinion, provided that:

(i)

He or she requested the issuance of the opinion;

(ii)

The request for an opinion fairly and accurately disclosed all relevant facts; and

(iii)

Less than five (5) years elapsed between the date the opinion was issued and the date of the conduct in question.

(B)

If a person who did not request an advisory opinion reasonably and in good faith acts in reliance on an opinion issued by the ethics compliance officer, that fact may be considered by an ethics panel in adjudicating a complaint filed against the person, but does not by itself bar the finding of a violation.

(C)

If within ten (10) days of receiving an advisory opinion issued by the ethics compliance officer (see subsection (b)(1)(B)) any member of the ethics review commission request review of the opinion, the chair of the ethics review commission shall designate an ethics panel, pursuant to the rules of the commission, to consider whether the opinion correctly applies the law to the facts stated in the opinion. The ethics panel shall conduct its review promptly and shall issue a written opinion approving or disapproving the advisory opinion. Reasons for disapproval shall be stated. Copies of the opinion of the ethics panel shall be provided by the chair of the ethics review commission to the ethics compliance officer, to any members of the ethics review commission who did not participate in the ethics panel, to the city secretary, and, through the ethics compliance officer, to the person who requested the advisory opinion. The city secretary shall make the opinion available as a public record in accordance with the Local Government Records Act. An advisory opinion which has been disapproved by an ethics panel is not binding on the ethics review commission. The city secretary shall ensure that any public record of a disapproved advisory opinion reflects the fact that it is not binding on the commission. If a person acts in reliance on a disapproved advisory opinion, that fact may be considered by an ethics panel in adjudicating a complaint filed against the person, but does not bar the finding of a violation. If no member of the ethics review commission requests review of an advisory opinion within ten (10) days of receiving the opinion from the ethics compliance officer, the commission is deemed to have approved the opinion.

(Ord. No. 06-22, § 1(part H, § 10), 9-5-2006)