Getting Advice

1. If I ask for advice, could my question trigger an investigation? I’m afraid that if I ask for advice about what my co-worker and I are doing, we’ll get in trouble.
   
   Answer: The Commission staff will not initiate a complaint investigation in response to a good-faith request for guidance. If staff believes that the activities raise issues under the Ethics Code, you will be told of those concerns, and will be advised to stop the activities. If the Commission receives a complaint, it is obliged to investigate.
   
   The Commission's goal is to help you comply with the law. The Commission issues advisory opinions to respond to questions and to provide guidance. Summaries of those opinions are posted at http://www2.ci.seattle.wa.us/ethics/etpub/aop.asp. You may also get a copy of advisory opinions from the Commission office. Note that different facts or circumstances may result in a different opinion. Contact staff before acting.



2. How can I be sure the advice I get is correct?
   
   Answer: It is important that you give all relevant information when you ask your question. Advice will be given based on the facts that you present.
   
   The best way to get complete and accurate advice is to e-mail your inquiry to the Commission office. You may also call staff directly, but e-mailed questions and responses help staff to accurately understand the specifics of each situation. Be thorough in your e-mail describing the situation. Different facts or circumstances may result in a different conclusion.



3. Will my question be confidential?
   
   Answer: Yes, to the extent possible. Commission staff releases details of the advice it gives to individual employees in response to public disclosure requests.



4. What if I follow the advice given to me, but I still get in trouble?
   
   Answer: If your department receives a complaint, your management may or may not ask for Commission’s opinion. Your department may still hold you responsible for your behavior under relevant internal workplace expectations and discipline procedures. That is one reason why Commission staff recommends that employees ask for advice prior to taking questionable actions, and know and follow their department’s workplace expectations, as well.
   
   In September, 2006, the City Council adopted revisions to the Ethics Code that strengthen the protections individuals have if they ask for an advisory opinion in good faith. The new provision says that the Commission will not find an Ethics Code violation if 1) the person has submitted to the Executive Director or to the Commission a written request for an advisory opinion; 2) the request describes possible future conduct and accurately and fully discloses the material facts related to that conduct; 3) the Executive Director or the Commission issues a written advisory opinion that the described conduct would not violate the Code, and 4) the person acts in a manner consistent with the opinion. If an Ethics Code complaint is filed, then the person can assert this as a defense.
   
   For your best protection, you should always choose actions that foster the public’s confidence in the integrity of government workers.

For the more information,
see the Ethics Code, SMC 4.16, or contact the SEEC.