1.65.050 Advisory opinions.
(a) Format of Request.
(1) All requests for advisory opinions shall be in writing addressed to the Board of Ethics, c/o Office of Internal Audit, 14501 Sweitzer Lane, Laurel, Maryland 20707.
(2) The request for advisory opinion shall include the signature, address and telephone number of the requestor and shall state the facts and circumstances upon which the request is based.
(3) Persons requesting an advisory opinion shall utilize the form attached hereto as Form A. Incomplete forms may be returned to the requestor.
(b) Review Procedures.
(1) Each request for an advisory opinion shall be acknowledged by the Board of Ethics or its designee in writing within 15 business days of receipt. The acknowledgment shall set forth the right of the subject to protection of his or her identity in the published opinion and shall also advise the subject of his or her right to be represented by counsel at any stage of the review process. When the request for advisory opinion is from a person other than the person whose conduct is the subject of the request, the person who is the subject of the request shall, if the identity is ascertainable, be provided with a copy of the request and the acknowledgment letter.
(2) The Board of Ethics or its designee may request that additional information be provided to the Board regarding the request. In addition, the Board may require that the subject of the request appear at a Board of Ethics meeting. The subject may be represented by counsel in connection with the appearance. The Board may also require the appearance of the requestor, or any other person who can provide information relevant to the request.
(c) Issuance of Opinion.
(1) The Board of Ethics shall respond to the requestor of the advisory opinion in writing no later than 60 days from the date the Board received the request. If the Board is unable to issue its opinion in 60 days, it shall notify the requestor in writing, explaining the reason(s) for the delay and stating an expected issuance date. The opinion shall be mailed to the requestor, the subject, and to other interested persons, as determined in the discretion of the Chair.
(2) Unless the Board determines that publication is not warranted pursuant to WSSC 1.70.060(c), each advisory opinion shall be published on the WSSC website. The Board may also publish guidelines based on an advisory opinion if the opinion may be of general interest and guidance pursuant to WSSC 1.70.040(d)(8).
(d) Compliance. If the Board receives notice that a person has not complied with an advisory opinion issued by the Board, it shall inform the person, the person’s Team Chief, and the Board’s attorney in writing and shall request that the Team Chief take appropriate action after consulting with the Board’s attorney. (Res. 2006-0001)