
The Board currently has two indexes of its advisory opinions: (1) a comprehensive index arranged alphabetically by general topic, issue, or organization/entity and (2) a "topical" index and selected summaries of major opinions addressing common issues or recurring ethical themes. In addition, the full text of most recent and select older opinions is available at this site. Copies of most opinions are available for inspection and copying in the Board of Ethics' offices at 116 West Jones Street, Raleigh, N.C.; (919) 807-4620.
INDEX (Comprehensive) of Advisory Opinions - Download index in Microsoft Word 2000 format (.doc)
INDEX (Comprehensive) of Advisory Opinions - View index in Adobe Acrobat PDF format
TOPICAL INDEX - Download index in Microsoft Word 2000 format (.doc)
TOPICAL INDEX - View index in Adobe Acrobat PDF format
Since 1977, "advisory opinions" have been an integral part the Board of Ethics' effort to educate and assist covered "Public Officials" as they strive to conduct the public's business in the best interest of the public. The issuance of advisory opinions is mandated by executive order. The current version is Executive Order Number One, which was issued January 12, 2001 ("EO One" or "the Order"). Section 5(d) of the Order requires the Board to answer questions relating to "real or reasonably-anticipated fact settings or circumstances." The Board's "Rules & Regulations" establish procedures for the request and issuance of advisory opinions. Opinions are intended to have prospective application only.
Those entitled to request an advisory opinion are (1) "Public Officials" as that term is defined by section 3 of the Order, (2) those responsible for appointing or supervising a Public Official, (3) Agency heads (which term includes the chair of each covered board), and (4) legal counsel for covered Agencies or boards.
The Board's rules establish the procedure for issuing advisory opinions. First, the Board's Executive Director drafts a preliminary advisory opinion which is reviewed by the Board Chairman. After incorporating the Chairman's comments or suggestions, the preliminary opinion is sent to the requester and may be relied upon until the full Board meets and approves, disapproves, or modifies the opinion. All interested parties are notified of the final result.
The Board may decline to issue an opinion if (1) it determines that the request is frivolous, (2) the matter has already been considered and decided by the Board, or (3) the matter is not one with respect to which a ruling or determination would be appropriate.
All advisory opinions, both preliminary and final, are based upon the particular facts presented and issues raised in the specific request for an advisory opinion. As such, the scope of each opinion is limited to the request made and should only serve as a recommendation to the particular parties involved. They may, however, serve as a general guide to other individuals similarly situated.
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