(A) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based only upon real facts and circumstances, upon its own initiative or when requested by any public servant who is subject to this chapter.
(B) An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requestor.
(C) The board may adopt regulations consistent with the Kentucky Open Records Law, to establish criteria under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents, except that before an advisory opinion is made public, it shall be modified so that the identity of any persons associated with the opinion shall not be revealed.
(D) The confidentiality of an advisory opinion may be waived either:
(1) In writing by the person who requested the opinion.
(2) By majority vote of the members of the board, if a person makes or purports to make public the substance or any portion of an advisory opinion requested by or on behalf of the person. The board may vote to make public the advisory opinion request and related materials.
(E) A written advisory opinion issued by the board based on real facts shall be binding on the board in any subsequent proceeding concerning the facts and circumstances if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the board to be material was omitted or misstated in the request for an opinion, the board shall not be bound by the opinion. However, nothing contained in this paragraph (E) shall be construed to require the board to be bound by its precedents in rendering subsequent advisory opinions not involving the same facts and circumstances.
(F) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion.
(G) The Board of Ethics shall not render advisory opinions on hypothetical facts. Advisory opinions shall be based only on an actual case and controversy.
(Ord. 94-6, passed 12-15-94)