§ 40.49  ADVISORY OPINIONS.
   (A)   The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, when requested by any officer or candidate for elective office of the city.
   (B)   An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions.
   (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 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.
      (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.
   (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.  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.
(Ord. 94-21, passed 10-26-94)