§ 1.15.150. Advisory opinions.

A.

Current, former, or potential public servant may request an advisory opinion regarding the applicability and interpretation of this chapter related to actions, rights, or conflict personal to the inquirer.

B.

The municipal clerk, the municipal ombudsman, and the municipal attorney may request an advisory opinion from the board of ethics regarding the applicability and interpretation of this chapter.

C.

In any later proceeding involving the inquirer, the inquirer is entitled to rely on the advice of the board, and may not be sanctioned for acting in compliance with the board's advice so long as the facts remain substantially unchanged from those represented to the board in the inquiry.

D.

A request for advice is confidential unless confidentiality is waived by the person requesting an advisory opinion.

E.

The board may exercise discretion in responding to a request for an advisory opinion based on considerations listed in subsection 1.15.160A. The board shall provide the requestor with a concise written statement if the board declines to issue an advisory opinion.

F.

To promote preventive instruction and advice, the board shall publish on the municipal website through the municipal clerk, advisory opinions in a generic form to allow maximum clarity on context, issue, analysis, and decision. The board shall make sufficient deletions to prevent disclosure of the persons who have requested anonymity.

(AO No. 2017-42 , § 1, 3-21-17)