§ 7-1-104. ADVISORY OPINIONS.

(a)

Requests.

(1)

A person subject to this title may submit an advisory opinion request in writing concerning the application of this title.

(2)

The Commission may issue an advisory opinion concerning the applicability of this title at the written request of any other person as the Commission considers appropriate.

(b)

Confidentiality.

(1)

The Commission shall meet in a closed session to consider an advisory opinion request if, in the view of the Commission:

(i)

The consideration of the advisory opinion request would lead to the identification of the subject of the request; and

(ii)

The subject has not waived the right to the protection of his or her identity.

(2)

The Commission may not disclose records relating to an advisory opinion unless the subject of the advisory opinion request expressly waives the right to protection of the records.

(c)

Time of issuance.

(1)

The Commission shall issue an advisory opinion within 60 days after receipt of the advisory opinion request or more promptly if circumstances require.

(2)

The person who submits the advisory opinion request may waive the time limit established by paragraph (1) of this subsection.

(d)

Publication.

(1)

Subject to paragraphs (2) and (3) of this subsection, the Commission shall:

(i)

Issue advisory opinions in writing;

(ii)

Make advisory opinions available to the public; and

(iii)

Provide advisory opinions to:

1.

The County Executive;

2.

The Secretary to the County Council;

3.

The County Administrative Officer;

4.

All county department and office heads; and

5.

The person who submitted the advisory opinion request, if the person who submitted the advisory opinion request is not otherwise the subject of the advisory opinion.

(2)

Before the advisory opinion is made available to the public or distributed as provided in paragraph (1) of this subsection:

(i)

The person who is the subject of the advisory opinion shall receive the advisory opinion; and

(ii)

If the person who submitted the advisory opinion request is not the subject of the advisory opinion, the person shall be given a reasonable opportunity to review, but not to copy, the advisory opinion at the offices of the Commission.

(3)

After the subject of the advisory opinion and the person who submitted the advisory opinion request have received or been given a reasonable opportunity to review the advisory opinion, as applicable, before distributing the advisory opinion as provided in paragraph (1) of this subsection, the Commission shall, to the fullest extent possible, delete any material that identifies the person who is the subject of the advisory opinion.

(4)

The identity of the person who is the subject of the advisory opinion may not be revealed.

(e)

Signatures.

(1)

All members of the Commission taking part in the advisory opinion shall sign the advisory opinion.

(2)

If the advisory opinion does not represent the unanimous opinion of the Commission, each member's signature shall reflect the member's support for any majority, concurring, or dissenting opinion.

(1988 Code, §§ 28-4, 28-47) (Bill No. 91-99, § 2, 7-1-2004; Bill No. 72-03, § 4, 7-1-2004)