Like penalties, the topic of advisory opinions appears in both the ethics provision and administration sections of the Model Code.

Advisory opinions are the most important of an Ethics Commission's responsibilities, and often the most underutilized. Regular use of this option, and the creation of a body of opinions, can go far to providing concrete guidance to municipal officials and employees. It can also prevent many violations of the ethics code.

Issues to discuss here include whether there should be formal and informal advisory opinions, who may ask for them, who should provide them (the Ethics Commission alone, ethics officers, city attorneys, fellow board members?), and swiftness of providing opinions. Please share your experiences with various aspects of the advisory opinion process.

105. Advisory Opinions.

1. Upon the written request of any official or employee*, including former officials and employees whose position was terminated within three years as well as people who intend to soon become an official or employee, the Ethics Commission must render, as swiftly as possible but in no event in more than fifteen days, a written advisory opinion with respect to the interpretation or application of this code. Any other person or entity may similarly request an advisory opinion, but only with respect to whether his, her, or its own action might violate a provision of this code.

2. Any person or entity may request informal advice from the Ethics Commission about any situation, including hypothetical situations, but such advice is not binding and there are no time requirements. With respect to the ASPA Ethics Code, only informal advice may be requested.

Comment: For more information about advisory opinions, see 209, in the Administration part of this code. The Ethics Commission's other duties are set forth in the Administration part of this code, which is of interest to most people only in extreme situations. But all officials and employees, as well as many residents, will have occasion to take advantage of the Ethics Commission's advice. And this is the Ethics Commission's most important responsibility. It is very important for city officials and employees, whenever they are uncertain as to whether they should proceed with a matter, to immediately seek advice. This will prevent unethical conduct from occurring due to a lack of knowledge or understanding, and will create a series of precedents to guide officials and employees in the future.

Cities might also consider allowing ordinary citizens to request advisory opinions when they believe there is a difficult conflicts question, and the relevant official or employee will not discuss the problem.

209. Advisory Opinions.

1. Upon the written request of any official or employee* - including former officials and employees who served or were employed within the prior three years, and also including those who intend to soon become an official or employee - or candidate, consultant, or person or entity doing business with the city or intending to soon do business with the city, the Ethics Commission must render, as swiftly as possible but in no event in more than fifteen days, a written advisory opinion with respect to the interpretation or application of this code. Any other person or entity may similarly request an advisory opinion, but only with respect to whether his, her, or its own action might violate a provision of this code.

2. Any person or entity may request informal advice from the Ethics Commission about any situation, including hypothetical situations, but such advice is not binding pursuant to subsection 3 of this section, and there are no time requirements. With respect to the ASPA Ethics Code, only informal advice may be requested.

3. An advisory opinion rendered by the Ethics Commission, until and unless amended or revoked, is binding upon the Ethics Commission in any subsequent proceeding concerning the person or entity that requested the opinion and acted in good faith, unless he, she, or it omitted or misstated a material fact in requesting the advisory opinion. The advisory opinion may also be relied upon by the person or entity, and may be introduced and used as a defense in any civil action brought by the Ethics Commission or the city.

4. If the Ethics Commission has reason to believe that an advisory opinion has not been complied with, it will take appropriate action to ensure compliance, including but not limited to the filing of a complaint pursuant to 213(3).

5. Advisory opinions and requests for advisory opinions (with names and other necessary details omitted to protect anonymity, unless the requesting party states otherwise) will be indexed and maintained on file by the Ethics Commission and will also be available on the city website. Relevant officials, employees, and businesses should be notified about advisory opinions that might affect their conduct.

6. Any person aggrieved by an advisory opinion of the Ethics Commission may seek judicial review and relief.

Comment: To avoid burdening the Ethics Commission with requests for formal advisory opinions, especially due to the urgency with which these opinions need to be provided to people faced with immediate decisions, this code permits a private citizen or business to request an advisory opinion only as to the permissibility of his, her, or its own conduct. Any official or employee, on the other hand, may request an advisory opinion with respect to anyone's conduct.

Subsection 5: Here, cities might want to reference specific privacy laws or laws regarding public records, or refer more generally to such laws.