§ 2-6-104. Disposition of opinion requests.*

(a)

The Board of Ethics shall dispose of an opinion request within ninety-one (91) days after its receipt of such request. However, under extraordinary circumstances, as defined in section 2-6-3 of this Code, the Board may extend its time to respond to a specific request by not more than ninety-one (91) additional days. In the event the Board extends its time to respond to a request, the Board shall notify, in writing, the requester of the extension and of the specific reasons therefor.

(b)

The Board of Ethics shall dispose of a request for an advisory opinion in one (1) of the following ways:

(1)

Deny the request where the request does not relate to this article; or

(2)

Decline to issue an advisory opinion where the Board determines that the request does not merit review by the Board; or

(3)

Decline to issue an advisory opinion where the Board determines that the request concerns past or current conduct, which is more appropriately addressed by the filing of a complaint or by the contracting of an investigation; or

(4)

Issue an advisory opinion in response to the request.

(Ord. No. 22-00, § 1, 8-2-00; Ord. No. 43-06, § 1, 11-17-06; Ord. No. 20-10, § 1, 10-12-10)

*Commentary— Section 2-6-104(b) recognizes the discretion the board of ethics has in addressing advisory opinion requests in the manner that it deems appropriate. In particular, the board has discretion to decline to issue an advisory opinion where the request does not actually relate to the subject matter of the article, or where the board determines that the request does not otherwise merit review by the board, such as where the board determines that the request is frivolous in nature, or where the board determines that the request was not made in good faith, or where the request does not present sufficient facts or information to enable the board to formulate appropriate advise.