(A) The County Ethics Commission 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 any officer or employee of the county or county 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. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requestor.
(C) A written advisory opinion issued by the Commission shall be binding on the Commission in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Commission if they had existed at the time the opinion was rendered. However, if any fact determined by the Commission to be material was omitted or misstated in the request for an opinion, the Commission shall not be bound by the opinion.
(D) A written advisory opinion issued by the Commission 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.
(Ord. passed 11-15-1994)
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