(A) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, and shall render an advisory opinion when requested by any officer or employee of the city or a city agency who is covered by 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 to the extent permitted by the Kentucky Open Records Act shall remain confidential unless confidentiality is waived, in writing, by the requestor.
(C) The Board of Ethics may adopt regulations, consistent with the Kentucky Open Records Act, to establish criteria under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents.
(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 of Ethics, if the person who requested the opinion 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 of Ethics may vote to make public the advisory opinion request and related materials.
(E) A written advisory opinion issued by the Board of Ethics shall be binding on the Board of Ethics in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Board of Ethics if they had existed at the time the opinion was rendered. However, if any fact determined by the Board of Ethics to be material was omitted or misstated in the request for an opinion, the Board of Ethics shall not be bound by the opinion.
(F) A written advisory opinion issued by the Board of Ethics 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.
(Ord. 1994-17, passed 12-5-94)