(a) A person may ask the Ethics Commission to issue a written opinion with respect to that person's duties under the City Charter, a City ordinance, or an opinion or policy adopted by the Ethics Commission relating to campaign finance, conflicts of interests, lobbying, or governmental ethics. The authority to request an opinion extends to that person's authorized representative. The Ethics Commission's Executive Director and Director of Enforcement may also request opinions.
(b) A request for an opinion must be submitted in writing and must include the following:
(1) The name, title or position, mailing or email address, and telephone number of the person or persons by or for whom the opinion was requested. If the opinion is requested by the authorized representative of several similarly situated persons, the identifying and contact information of at least one represented person must be included.
(2) If the requestor is an authorized representative, a specific statement that such authorization has been made.
(3) All material facts, stated as clearly, concisely, and completely as possible.
(4) The question or questions based on the material facts.
(c) The Executive Director determines whether to grant or deny opinion requests.
(1) Within 14 calendar days after a complete request is received and all information in Subsection (b) has been provided, written notice of the Executive Director's decision shall be transmitted to a requestor other than the Ethics Commission's Executive Director or Director of Enforcement. If the requestor is an authorized representative, a copy of the notice shall also be transmitted to the represented persons identified in the opinion request.
(2) If the request is denied, the notification shall state the reasons for the denial and shall advise the requestor of the right to appeal to the members of the Ethics Commission pursuant to Subsection (d).
(3) Among the reasons for which a request may be denied are the following:
(A) The question raised is expressly covered by the Charter, an ordinance, or Commission regulations.
(B) The question raises no substantial question of interpretation and, therefore, requires only a routine reply more appropriately made by staff.
(C) The requestor is seeking an opinion about another person's duties and has not been authorized to do so by that person.
(D) The person on whose behalf the opinion was requested does not have sufficient interest (standing) in the question to justify an opinion being issued.
(E) The question is hypothetical and does not represent an intended course of conduct.
(F) The question is substantially similar to a previously adopted opinion.
(G) The facts presented are insufficient or appear to be inaccurate or in dispute.
(H) The request does not state a question based on the facts presented.
(I) The question is outside the Ethics Commission's jurisdiction.
(J) The question relates to past action.
(K) The question is more appropriately handled through formal or informal advice, a policy, or a regulation adopted pursuant to Charter Section 703.
(L) Rendering an opinion would be inappropriate or otherwise not in the public interest.
(4) The requestor may ask the members of the Ethics Commission to review an opinion request denied by the Executive Director.
(A) The request for review must be received within 14 calendar days after notice of the denial is transmitted.
(B) The members of the Ethics Commission shall act on a request for review at the next public meeting that occurs at least 30 calendar days after the request for review is received.
(C) If the members of the Ethics Commission approve the granting of an opinion request, the denial shall be rescinded, written notice shall be transmitted to the requestor, and the opinion shall be issued. If the denial is affirmed, the members of the Ethics Commission need not state reasons for doing so.
(d) The following procedures apply to issuing opinions:
(1) The members of the Ethics Commission shall hold a public hearing on the opinion.
(2) The Ethics Commission staff or, in the Executive Director's discretion, the City Attorney shall prepare a draft opinion which discusses the issues and includes any staff recommendations.
(A) The draft opinion shall be transmitted to the requestor at least 21 calendar days prior to the hearing.
(B) The requestor may withdraw the request for an opinion within seven (7) calendar days after the draft opinion is transmitted.
(i) The withdrawal must be submitted in writing.
(ii) If the request is withdrawn, the immunity in Charter Section 705(a) does not apply.
(iii) If the request is withdrawn, the Executive Director may continue the opinion process and the members of the Ethics Commission may adopt the opinion, as long as the requestor and the persons on whose behalf the opinion was originally requested are not identified.
(C) If the opinion process continues, the draft opinion shall be posted on the Ethics Commission's web site at least 14 calendar days prior to the hearing. Copies of the draft opinion shall be transmitted to the members of the Ethics Commission and the City Attorney. If the requestor withdrew the original request, the draft opinion shall first be modified to remove reference to the requestor and the persons on whose behalf the opinion was originally requested.
(3) Any person may submit memoranda, briefs, arguments, or other relevant material regarding the opinion no later than three (3) calendar days prior to the hearing.
(4) Ethics Commission staff and the requestor may each provide up to 20 minutes of testimony or oral argument at the hearing. Other persons may also present testimony or oral argument directly related to the opinion, subject to the Ethics Commission's standard rules for public comment at public meetings.
(e) Opinions shall be adopted by the members of the Ethics Commission at a public meeting, are effective upon adoption, and shall be posted on the Ethics Commission's web site.
(f) Acting in accordance with opinions adopted by the Ethics Commission is evidence of good faith for similarly situated persons, as long as the opinion remains in effect and the underlying laws remain unchanged. However, the immunity in Charter Section 705(a) extends only to the persons identified in the opinion request and on whose behalf the opinion was requested.
(g) An opinion may be rescinded by the members of the Ethics Commission at a public meeting.
(1) The members of the Ethics Commission must state the reasons for rescinding the opinion, which may include but are not limited to a change in the law, previously unforeseen circumstances, and the interests of justice.
(2) Whenever an opinion is rescinded, the Ethics Commission staff shall transmit written notice to the original requestor.
(3) Subsection (f) applies to an opinion from the date of adoption until the date of rescission.
SECTION HISTORY
Added by Ord. No. 167,262, Eff, 10-12-91.
Amended by: References to Charter Sections, Ord. No. 172,930, Eff. 1-10-00, Oper. 7-1-00.
Renumbered from Sec. 24.1.1 by Ord. No. 182.265, Eff. 10-29-12.
Amended by: Subsecs. (a)(5) and (f)(2), Ord. No. 182,362, Eff. 1-30-13; Title and Section, Ord. No. 182,906, Eff. 4-2-14.