SEC. 12A-46. CITY ATTORNEY'S OFFICE.

   (a)   The city attorney’s office shall serve as the legal counsel to the ethics advisory commission.

   (b)   The city attorney’s office shall serve as legal advisor to city officials and employees on matters pertaining to the code of ethics.

      (1)   Confidential advisory opinions.

         (A)   Issuance. By written request to the city attorney, any city official or employee may request a confidential advisory opinion regarding whether his or her own proposed actions or conduct would violate this chapter. The attorney assigned to draft the advisory opinion shall make all reasonable efforts to issue the advisory opinion within 10 business days after receipt of the request. The city attorney, for good cause shown, may decline to issue the opinion.

         (B)   Reliance. A person who reasonably and in good faith acts in accordance with a confidential advisory opinion may not be found to have violated this chapter by engaging in conduct approved in the opinion, if:

            (i)   the person requested the issuance of the opinion;

            (ii)   the request for an opinion fairly and accurately disclosed all relevant facts necessary to render the opinion; and

            (iii)   the person waives the attorney- client privilege with respect to the written advisory opinion.

         (C)    Pending confidential advisory opinions. Whenever a confidential advisory opinion has been requested regarding the proposed actions or conduct of a city official or employee, no action may be taken by the ethics advisory commission or inspector general regarding those particular actions or conduct until the city attorney issues the confidential advisory opinion. Any time limits that the inspector general is required to follow in processing an ethics complaint regarding those particular actions or conduct will be extended to allow for the city attorney to issue the advisory opinion.

      (2)   General advisory opinions.

         (A)   Publishing. The city attorney may publish written general advisory opinions to serve as guidance to city officials and employees.

         (B)   Reliance. A person who reasonably and in good faith acts in accordance with a general advisory opinion published by the city attorney may not be found to have violated this chapter.

   (c)   If the ethics advisory commission determines that a person has violated this chapter, the city council may direct the city attorney to initiate whatever legal action is necessary, including but not limited to injunctive relief. (Ord. Nos. 32072; 32472; 32924)