2-12-2: ADVISORY OPINIONS:

   A.   Current Employees: Any current officer, official, appointee or employee may submit a written request to the Ethics Commission for advisory opinions on whether any conduct by that person would constitute a violation of the City Code of Ethics.

   B.   Persons Intending To Become Employees: The Ethics Commission may render advisory opinions to individuals who intend to become employees, officers, or officials upon written request of the person. The commission may make further inquiry of the potential future relationship the requester may have with the City to determine the appropriateness of proceeding on the request.

   C.   Publication Of Opinions: The Ethics Commission may publish its advisory opinions. It shall do so in compliance with the provisions of the Idaho Public Records Act. The commission may publish guidelines based on advisory opinions.

   D.   Conduct In Accordance With Advisory Opinion: A person whose conduct is in accordance with an advisory opinion or a published advisory opinion of the commission that has not been superseded by a subsequent advisory opinion shall not be found in violation of any of the provisions of the City Code of Ethics.

   E.   Noncompliance With Advisory Opinions: When the Ethics Commission has reason to believe that an advisory opinion has not been complied with, it shall inform the person, the person's Supervisor, the department head, the City Attorney, Human Resources and the Mayor. The Supervisor, department head, the City Attorney, Human Resources and the Mayor shall take all steps necessary to ensure compliance or address the matter as a performance issue through the progressive discipline process. This provision does not provide authority for the commission to independently investigate matters of compliance with advisory opinions.

   F.   De Minimis Opinion: The commission may issue advisory opinions declaring the intended conduct de minimis. The requesting party is entitled to rely on the advisory opinion of the commission. Notwithstanding that determination, the Supervisor or department head of the affected employee can supersede that determination as department policy. De minimis is defined as a trivial benefit not to exceed the value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.

   G.   Authority Of Commission To Decide: The Ethics Commission shall have the sole authority to decide whether to consider, investigate or issue an advisory opinion to any party seeking such opinion. The Ethics Commission shall render an advisory opinion pursuant to written rules adopted by the commission. (1952 Code § 2-24-02)