Advisory opinions.

San Antonio City Code § 2-89

in effect

Sec. 2-89. - Advisory opinions. (a) Advisory opinions issued by the ethics review board. (1) Ethics code inquiries by persons other than city officials and employees. a. By writing filed with the city clerk, any person other than a city official or employee may request an advisory opinion with respect to the interpretation of the ethics laws, but only with respect to whether proposed action by that person would violate the ethics laws. The city clerk shall promptly transmit all requests for advisory opinions to the compliance auditor and the chair of the ethics review board. City officials and employees may request advisory opinions from the city attorney pursuant to subsection (b). b. Within thirty (30) days of receipt by the chair of the ethics review board of a request for an advisory opinion, the board, acting en banc or through a designated ethics panel, shall issue a written advisory opinion. During the preparation of the opinion, the board may consult with the compliance auditor, the city attorney's office, and other appropriate persons. An advisory opinion shall not reveal the name of the person who made the request, if that person requested anonymity, in which case the opinion shall be written in the form of a response to an anonymous, hypothetical fact situation. A copy of the opinion shall be indexed and kept by the city clerk as part of its records for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the chair of the ethics review board, or the compliance auditor, to the person who requested the opinion, the members of the ethics review board, the city attorney's office, and to the city clerk. The city clerk shall make the opinion available as a public record in accordance with the Local Government Records Act, and promptly post the opinion for a period of no less than five (5) years on the Internet via the City of San Antonio homepage. (2) Opinions initiated by the board. On its own initiative, the ethics review board, acting as the full board or through a designated ethics panel, may issue a written advisory opinion with respect to the interpretation of the ethics laws or the municipal campaign finance code as they apply to persons other than city officials and employees if a majority of the board determines that an opinion would be in the public interest or in the interest of such person or persons subject to the provisions of the ethics laws. Such an opinion may not include the name of any individual who may be affected by the opinion. A copy of any such opinion shall be indexed and kept by the city clerk as part of its records for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the chair of the ethics review board, or their designee, to the compliance auditor, the city attorney's office, and the city clerk. The city clerk shall make the opinion available as a public record in accordance with the Local Government Records Act, and promptly post the opinion for a period of no less than five (5) years on the Internet via the City of San Antonio homepage. (3) Reliance. A person who reasonably and in good faith acts in accordance with an advisory opinion issued by the ethics review board may not be found to have violated the ethics laws by engaging in conduct approved in the advisory opinion, provided that: a. They requested the issuance of the opinion; b. The request for an opinion fairly and accurately disclosed all relevant facts; and c. Less than five (5) years elapsed between the date the opinion was issued and the date of the conduct in question. (b) Ethics advisory opinions issued by the city attorney's office. (1) Ethics inquiries by city officials and employees. a. By writing filed with the office of the city attorney, any city official or employee may request an advisory opinion with respect to whether proposed action by that person would violate the ethics laws. b. Within twenty (20) business days of receipt of the request, the office of the city attorney shall issue a written advisory opinion. Opinions that address new issues and that are instructive on the application of the ethics laws shall be posted on the ethics webpage in a manner that does not reveal the identity of the individual requesting the opinion. (2) Reliance. A person who reasonably and in good faith acts in accordance with a written advisory opinion issued by the city attorney's office may not be found to have violated the ethics laws by engaging in conduct approved in the advisory opinion, provided that: a. They requested the issuance of the opinion; b. The request for an opinion fairly and accurately disclosed all relevant facts; and c. Less than five (5) years elapsed between the date the opinion was issued and the date of the conduct in question. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491, § 1(Att. A), 6-21-18; Ord. No. 2024-05-02-0274, § 1(Att. A), 5-2-24)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH2AD_ARTIIICOET_DIV8ETREBO_S2-89ADOPFetched: 10/27/2026