(A) The Ethics Board may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, or 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 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 redacted so that the identity of any person 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; or
(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 shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case, if no intervening facts or circumstances arise that 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.
(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) Advisory opinions will be indexed and maintained on file by the Ethics Board and the City Clerk, and will also be available on the city website, with unnecessary financial and personal details redacted. Officers, employees and businesses should be notified about advisory opinions that may directly affect their conduct.
(1989 Code, § 41.68) (Ord. 2085, passed 11-28-1994; Am. Ord. 2882, passed 5-23-2016; Am. Ord. 2020-2983, passed 3-22-2021)