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105. Advisory Opinions. To discuss advisory opinions, click here. 1. Upon the written request of any official or employee*, including former officials and employees whose position was terminat d within three years as well as people who intend to soon become an official or employee, the Ethics Commission must render, within ten days after the date of its next regular meeting, a written advisory opinion with respect to the interpretation or applica ion of this code. Any other person or entity may similarly request an advisory opinion, but only with respect to whether his, her, or ts own action might violate a provision of this code. If an earlier response is required, an informal verbal or e-mail opinion will be provided by the Ethics Officer. For more information about advisory opinions, see Section 209 of this code. 2. Any person or entity may request informal advice from the Ethics Officer about any situation, inciuding hypothetical situatio , but such advice is not binding and there are no time requirements. With respect to the ASPA Ethics Code, only informal advic may be requested. Comment: For more information about advisory opinions, see 209, in the Administration part of this code. The Ethics Commission's other duties are set forth in the Administration part of this code, which is of interest to most people only in extre e situations. But all officials and employees, as well as many residents, will have occasion to take advantage ot the Ethics Commission's or Ethics Officer's advice. And this is the Ethics Commission's most important responsibiiity. It is very important or local government officials and employees, whenever they are uncertain as to whether they should proceed with a matter, to immediately seek advice. This wili prevent unethical conduct from occurring due to a lack of knowledge or understanding, and iii create a series of precedents to guide officials and employees in the future. To avoid burdening the Ethics Commission with requests for formal advisory opinions, especially due to the urgency with whic these opinions need to be provided to people faced with pressing decisions, this code permits a private citizen to request a for al advisory opinion only as to the permissibility of his or her own conduct. Any official, on the other hand, may request an adviso opinion with respect to his own, a subordinate's, a superior's, or even a colleague's conduct. But anyone can request informal advice about any situation. Usually, Ethics Officers work on a volunteer basis. They can be very helpful in providing quick advice before possible conflicts can cause problems. Ethics Commissions rarely meet often enough to provide timely advice, and town, city, and county attorneys rarely have the training, and rarely are unbiased enough, or seen as unbiased enough, to provide trustworthy advice. There is nothing worse than having an official told by a government attorney that he or she can do (or not do) something which, wheth r a violation of the ethics code or not, would undermine citizens' trust in their government officials. And yet this happens all the ti e. A truly neutral ethics officer can prevent this from happening. Cities might also consider allowing ordinary citizens to request advisory opinions when they believe there is a difficult question, and the relevant official or employee will not discuss the problem. 106. Void Contracts. To discuss penalties relating to contracts, click here. Any contract, permit, or other transaction entered into by or with the city which results in or from a violation of any provision of sections 100 or 101 of this code is void, without further action taken, unless ratified by the city's legislative body in an open session held after applicable public notice. Such ratification does not affect the imposition of any penalties pursuant to this coc any other provision of law. 107. Penaities for Violation af This Code. To discuss penalties and other relief, click here. To discuss negotiating with unions regarding penalties that apply to employees, click here. 1. Resignation, Compensatory Action, Apology. or Violation of any provision of this code should raise conscientious questions for the official or ernployee* concerned as to whet er resignation, compensatory action, or a sincere apology is appropriate to promote the best interests of the city and to prevent t e cost - in time, money, and emotion - of an investigation and hearings. Comment: An official should not compound ignoring a conflict of interest by again putting his or her personal interest ahead o the public interest by denying, obfuscating, or covering up what he or she knows to be true, or by, directly or indirectly, falsely accusing others of misconduct. An apology that includes sincere remorse and a willingness to make reasonable reparations restores respect and dignity, brings peace to personal and partisan rancor, assures the public that it is safe from further harm. . Disciplinary Action. Any person or entity that is found to have engaged in action or inaction that violates any provision of this code may be reprimanded, suspended, or removed by the Ethics Commission, or the Ethics Commission may seek or impose any of the sanctions or remedies listed below or in 215. Comment: Many cities do not choose to allow ethics commissions to suspend or remove officials and employees. This can b a special problem where the employee is covered by a collective bargaining agreement. Below is alternative language for such cities: Any person or entity that is found to have engaged in action or inaction that violates any provision of this code may be reprimanded by the Ethics Commission. If the Ethics Commission recommends that the violator be suspended or removed ir m office or employment, or be subject to any other sanction or remedy authorized by law or collective bargaining agreement not listed in this section or in 215, the legislative body must choose, in an open session held after applicable public notice, wheth r and to what extent to impose such sanctions. 4~