Advice and Enforcement

Advice is a critical function of any governmental ethics office. The Board, and its Ethics Officer, provide free guidance to help you recognize and avoid ethics problems.

Complete the Request Advice Form to send us your question!

Who Is Covered by the Ethics Laws to Receive Ethics Advice?

Anyone covered by the Board’s jurisdiction can receive free advice: current and former officials and employees (and those who, although acting under contract, appear to act as government officials and employees), consultants, applicants, candidates, contributors to campaigns for City elected office, vendors, and persons and entities who do or seek business with the City (including the owners and officers of such entities, and subcontractors).

The Ethics Hearing Board may also act with respect to those who induce, encourage, or aid anyone to violate any provision of the Code, give gifts to officials and employees or their relatives, or are otherwise covered by the provisions of the Code.

Three Types of Advice

Ethics laws are complex with many defined terms, exceptions, and overlapping requirements. With all of our advice, we apply the law and regulations to help you know how these ethics rules relate to your unique situation.

(1) Informal Advice

The Ethics Officer offers informal advice through email, phone, or in-person consultations. While this guidance can help address immediate questions or concerns, it is not binding and does not extend the protections of formal advice.

(2) Board Opinions

The Ethics Hearing Board issues formal, written opinions providing guidance that serves as a defense -- the Board will dismiss any future complaint relating to conduct in conformity with issued formal advice. The Board’s Opinions interpret the laws, regulations, and relevant precedents, ensuring clarity and compliance with ethical standards. Board Opinions, rather than Formal Advice, are issued on complex issues and topics that are novel to the Board.

(3) Formal Advice of Ethics Officer

The Ethics Officer is authorized to issue formal advice on behalf of the Board in response to inquiries previously addressed by a Board Opinion, and other clear areas of the law. By relying on these established sources, the Ethics Officer ensures that the advice is consistent with existing legal and ethical standards, providing clear and reliable guidance. Formal advice can often be issued with a quicker turnaround time than Board Opinions.

Index of Advisory Opinions by Subject

Please see our Education Page to learn more about each subject area. 

Financial Interest in City Contracts

Post-Employment Restrictions

Multiple Government Positions

Gifts

Outside Employment/Business Activity

Political Activity

 

Campaign Finance

Contribution Limits and Coordinated Activity, Independent Expenditures(PDF, 312KB)

Contribution Limits and Non-City Races(PDF, 324KB)

Contribution Limits and City Employees, Professional Service Contractors(PDF, 289KB)

 

Orders

If a complaint is not resolved in the preliminary inquiry stage, an order or agreement is issued.

Conflict of Interest

Campaign Finance


FAQs

How can I request an investigation into potential ethics misconduct?

The Ethics Hearing Board has enforcement power over negligent and willful violations of the Code of Conduct.

You can request investigation into potential ethics misconduct. Even if you aren’t sure about all the details, every tip helps. Our thorough investigation process helps to confirm or to create compliance.

We investigate potential violations of the Code of Conduct. Here’s a general overview of some of the topics under our jurisdiction:

  • Conflicts of interest
  • Use of position to influence a business or property with personal or family connections
  • Use of authority for private gain
  • Voting conflicts
  • Campaign finance
  • Personal use of City property, information, facilities or staff
  • Nepotism
  • Post-Employment
  • Offering, soliciting or accepting gifts
  • Disclosures
  • Wrongful use of the Code
  • Retaliation

Tips and complaints can be filed by anyone, including the Ethics Hearing Board itself.

What is the Board's investigative and enforcement process?

The Ethics Hearing Board is bifurcated, or separated, into two different groups. One group serves to process complaints, and the other serves on hearings.

Case Processing Flow Chart


Is formal or informal ethics advice binding?

Formal advisory opinions are binding on the Ethics Hearing Board in a subsequent proceeding concerning the same factual situation. For the opinion to be binding, the party requesting advice must be truthful and must fully disclose all of the material facts at issue.

Is advice a defense?

While you are free to seek other legal advice, please note the Board will not accept advice of counsel as a defense in an enforcement action; only formal advice of the Ethics Officer or Ethics Hearing Board may be considered as a defense.

Can I ask for reconsideration?

A requester of ethics advice may seek reconsideration of a written advisory opinion by the Ethics Officer or the Ethics Hearing Board. Advice stands until it has been amended; it is not suspended pending reconsideration or appeal.

A request for reconsideration must be received by the Board within thirty days and allege either that (1) a material error of law has been made; or (2) a material error of fact has been made. The Ethics Officer's decision upon reconsideration may be appealed to the Ethics Hearing Board.

The Ethics Officer or Ethics Hearing Board may also reconsider its advice on its own initiative, providing notice to the requester.


How do I report an ethics violation?

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