Los Angeles Municipal Code

Sec. 24.12. Opinions and Written Advice.

. (2) The Ethics Commission staff or, in the Executive Director’s discretion, the City Attorney shall prepare a draft opinion which discusses the issues and includes any staff recommendations. (A) The draft opinion shall be transmitted to the requestor at least 21 calendar days prior to the hearing. (B) The requestor may withdraw the request for an opinion within seven (7) calendar days after the draft opinion is transmitted. (i) The withdrawal must be submitted in writing. (ii) If the request is withdrawn, the immunity in Charter Section 705(a) does not apply. (iii) If the request is withdrawn, the Executive Director may continue the opinion process and the members of the Ethics Commission may adopt the opinion, as long as the requestor and the persons on whose behalf the opinion was originally requested are not identified. (C) If the opinion process continues, the draft opinion shall be posted on the Ethics Commission’s web site at least 14 calendar days prior to the hearing. Copies of the draft opinion shall be transmitted to the members of the Ethics Commission and the City Attorney. If the requestor withdrew the original request, the draft opinion shall first be modified to remove reference to the requestor and the persons on whose behalf the opinion was originally requested. (3) Any person may submit memoranda, briefs, arguments, or other relevant material regarding the opinion no later than three (3) calendar days prior to the hearing. (4) Ethics Commission staff and the requestor may each provide up to 20 minutes of testimony or oral argument at the hearing. Other persons may also present testimony or oral argument directly related to the opinion, subject to the Ethics Commission’s standard rules for public comment at public meetings. (e) Opinions shall be adopted by the members of the Ethics Commission at a public meeting, are effective upon adoption, and shall be posted on the Ethics Commission’s web site. (f) Acting in accordance with opinions adopted by the Ethics Commission is evidence of good faith for similarly situated persons, as long as the opinion remains in effect and the underlying laws remain unchanged. However, the immunity in Charter Section 705(a) extends only to the persons identified in the opinion request and on whose behalf the opinion was requested.