Formal Advisory Opinions Advisory opinions are an integral part of the conflict of interest identification and avoidance process. They serve a dual educational and advisory function and are provided for in the State Government Ethics Act (Chapter 138A), the Lobbying Law (Chapter 120C), and the Legislative Ethics Act (Chapter 120) of the North Carolina General Statutes. They allow requesters to receive prospective advice about real life situations they face in their public service, and formal opinions provide the requester with limited immunity if they follow the advice given. The Ethics Commission will publish formal advisory opinions at least once a year. They will be published on the Commission's web site and will be edited as necessary to protect the requester's identity. They will be listed in three distinct categories generally according to the nature of the individual requesters: legislators, public servants, and lobbyists and lobbyist principals. "Ethics" opinions will generally be those requested by a public servant and applying or interpreting the State Government Ethics Act (Chapter 138A). "Lobbying" opinions will generally be those requested by lobbyists, lobbyist principals, and other persons affected by the Lobbying Law (Chapter 120C), although Chapter 120C incorporates and heavily relies upon major portions of Chapter 138A, including the definitions and gifts provisions. "Legislative Ethics Committee" opinions address questions and issues raised by legislators and are covered by a combination of Chapter 138A and Chapter 120 (the Legislative Ethics Act). Overall, there is a tremendous overlap of and interrelationship between all three of these acts, particularly the Ethics Act and each of the Lobbying Law and Legislative Ethics Act, and specifically with regard to the giving and receiving of "gifts." The Ethics Commission is the final authority for advisory opinions issued to public servants, lobbyists, and lobbyist principals. For legislators, however, the Commission issues "recommended advisory opinions" pursuant to section 138A-13(b), which the Legislative Ethics Committee then adopts, modifies, or overrules according to section 120-104(b). Once the Legislative Ethics Committee finalizes the legislative opinion and edits it for publication, the Committee submits the final opinion to the Ethics Commission for publication. The Commission may only publish the Committee's formal advisory opinions. Because of the recommendation and publication process for legislative opinions, there will be gaps in the numbering system for the Commission's "ethics" advisory opinions. For example, the first published "ethics" advisory opinion is AO-E-07-0005. If you would like to speak with Commission staff about obtaining an opinion, please call (919) 807-4620. For Advisory Opinion summaries, see the Commission's "2007 Lobbying Newsletter ."
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