§ 2-54 — Advisory opinions and waivers

Sec. 2-54. - Advisory opinions and waivers.

(a) Any current or former officer, official, or employee or the appointing authority of a non-elected officer, an official, or an employee may submit a written request to the board of ethics for advisory opinions on whether any conduct by that person would constitute a violation of the code of ethics. The board of ethics shall render an advisory opinion pursuant to written rules adopted by the board, but in no case shall the board take longer than eight (8) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an expected issuance date. (b) The board of ethics may render advisory opinions to individuals who intend to become employees, officers, or officials upon written request of the person or the person's appointing authority. The board of ethics shall render an advisory opinion pursuant to written rules adopted by the board. (c) The board of ethics may publish its advisory opinions. It shall do so with deletions as may be lawful and necessary to prevent disclosure of the identity of the individual involved. The board may publish abstracts or guidelines based on advisory opinions if the subject of the opinion may be of general interest and guidance. (d) A person whose conduct is in accordance with an advisory opinion or a published unreversed advisory opinion of the board of ethics shall not be found in violation of any of the provisions of this article, provided that the information received by the board was factually accurate and complete. (e) Noncompliance with advisory opinions. When the board of ethics has reason to believe that the advisory opinion has not been complied with, it shall inform the person, the person's appointing authority, and the city attorney. The appointing authority, after consulting with the city attorney, shall take appropriate action to ensure compliance. (f) Waivers. Any current, former, or prospective officer, official, or employee may submit a written request for a waiver of any provision of the code of ethics in advance of taking any action that is subject to the waiver request. The board of ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the city. The board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The board shall either issue or deny the waiver in writing including a statement of reasons released to the public within six (6) weeks of receiving the request. All waiver decisions shall remain available on the board's public website.

(Ord. No. 96-01, § 1, 1-29-01; Ord. No. 1202-16, § 5, 3-6-17; Ord. No. 401-21, § 1, 4-26-21)