(a) If any person has a question as to the applicability of any provision of Article 4 of this Chapter or Section 2-5-10 above to a particular situation, or as to the definition of terms used herein, as the same applies to any member of a board or commission, he or she may, in advance of the questioned action of the board or commission member, timely apply in writing to the Town Attorney for an advisory opinion. Such person shall have the obligation to document any factual assertions made, and shall have an opportunity to present his or her interpretation of the facts at issue and of the applicability of provisions of Article 4 of this Chapter before such advisory opinion is made. In the event that the Town Attorney is not available, the Town Clerk shall issue such advisory opinion.

(b) Such opinions may be oral or written but shall be advisory only, and shall not take precedence over any comment, decision or opinion issued by the Ethics Commission pursuant to Section 2-4-210 above if the comment, decision or opinion covers the same circumstances and the same issues as covered by the opinion of the Town Attorney or Town Clerk. In addition, such advisory opinions shall not be binding on the Town or the parties, shall not be relied upon in proceedings brought under Section 2-4-210 of this Code or Section 2-5-10 of this Chapter and shall not be cited against any person in any administrative or judicial proceedings or otherwise relied upon except for the purpose of providing guidance to members of the public, and to board and commission members when challenged or when they are themselves uncertain about the applicability of the requirements of Article 4 of this Chapter or Section 2-5-10 above.

(c) The procedure contained herein for obtaining an advisory opinion is not exclusive and any person authorized by Section 2-4-210 of this Chapter may seek an advisory opinion from the Ethics Commission as therein provided for. (Prior code 2.30.020; Ord. 1288 §1, 2008; Ord. 1437, 2016)