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opinions may not even be necessary. Sackett <br />stated that an advisory opinion could come from <br />the City Attorney until such time as an allegation <br />is made and the Prosecuting Attorney would then <br />take necessary action. <br />Mayor Fauson stated his appreciation for Ms. <br />Nick's observations of the amendments and wanted <br />to see the section relating to Advisory Opinions <br />remain in the code; however, the language may need <br />to be addressed and. asked for further Council <br />comments. <br />Szymanski asked if there is a difference in a <br />verbal opinion and a written opinion, and do both <br />constitute a written opinion by the Prosecuting <br />Attorney. <br />Rautenstraus stated that there is a difference as <br />a written opinion "becomes binding on the City and <br />City Council and the City Attorney with respect to <br />subsequent actions that were requested in the <br />advisory opinion. There is a section that talks <br />about how this opinion can be reversed by a vote <br />of 2/3 of the members of Council." <br />Szymanski stated that regardless of the ethics <br />ordinance, the integrity of person who wants to do <br />what is right may need an advisory opinion, but "I <br />don't think you should have to bear your soul to <br />the world to get that opinion in order to do a <br />proper job." <br />Anderson agreed that this is a very difficult <br />determination to make. He has asked for advisory <br />opinions and exercised some caring in outlining <br />the circumstance so that it was understood to the <br />best of his ability, but there is a certain amount <br />of right to privacy for Councilmembers, employees <br />and board members. Also, expedience is a factor <br />in obtaining an opinion. <br />Carnival stated that in his opinion if there is <br />one instance that making an opinion public would <br />hurt the best interest of the City, then this <br />clause is important: to have in the Ethics Code. <br />Who makes that decision or determination, whether <br />it be the prosecuting attorney or the City <br />Council, is at the core of this specific <br />amendment. Carnival was "leaning" more toward <br />City Council as they are directly accountable to <br />the public whereas the prosecuting attorney isn't. <br />Anderson stated that City Council may need a legal <br />advisor in making such determinations. <br />6 <br />