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(1) Ethics Officer. The City Council creates the position of Ethics Officer. The City Attorney shall serve as the Ethics Officer, unless the City Council chooses to appoint an independent third party, and in addition to any additional duties as assigned by the City Council, shall provide for the following:

(a) Annual review of the code of ethics, including recommend changes or additions to this code of ethics to the City Council, if deemed necessary;

(b) Input into and review the training materials and program developed for this code of ethics;

(c) Advisory opinions concerning this code of ethics; and

(d) The prompt and fair enforcement of the provisions of this code of ethics when necessary.

(2) Advisory Opinions.

(a) Upon request of any official, the Ethics Officer shall render written advisory opinions concerning the applicability of this code to hypothetical circumstances and/or situations solely related to the persons making the request. The Ethics Officer will not render opinions on matters that are the purview of other government agencies or officials, e.g., the Public Disclosure Commission, the City Public Records Officer, etc.

(b) Upon request of any official, the Ethics Officer may also render written advisory opinions concerning the applicability of the code of ethics to hypothetical circumstances and/or situations related to a matter of City-wide interest or policy.

(c) The Ethics Officer will endeavor to respond to requests for advisory opinions within 30 days of submission of the request, or more rapidly if the requester expresses urgency in the request.

(d) A person’s conduct based in reasonable reliance on an advisory opinion rendered by the Ethics Officer shall not be found to violate this code of ethics, as long as all material facts have been fully, completely, and accurately presented in a written request for an advisory opinion, the Ethics Officer issues an advisory opinion that the described conduct would not violate the code of ethics, and the person’s conduct is consistent with the advisory opinion.

(e) The Ethics Officer reserves the right to reconsider the questions and issues raised in an advisory opinion and, where the public interest requires, rescind, modify, or terminate the opinion, but a modified or terminated advisory opinion will not form the basis of a retroactive enforcement action against the original requester. Advisory opinions will contain severability clauses indicating that should portions of the opinion be found to be unenforceable or not within the Ethics Officer’s authority, the remainder of the opinion shall remain intact. (Ord. 14-16 § 1 (Exh. A))