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opinions nay 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 than <br /> take necessary action. <br /> Mayor Fausce stated his appreciation for Ms.. <br /> Wick'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 61 <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 lob." <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 Councileeembere, employees <br /> and board *embers. 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 ?seat 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 /> intendment. 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 />