(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, or when requested by an officer or employee of the city or of 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.
(C) All 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) 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.
(E) 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.
(F) Advisory opinions will be indexed and maintained on file by the Board of Ethics and City Clerk, with unnecessary financial and personal details redacted, and will also be available on the city website. Officers, employees and businesses should be notified about advisory opinions that may directly affect their conduct.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)