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Ethics Commissions: Advisory Opinions & Appeal Process

Updated February 2011

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This data is based on a survey by the Center for Ethics in Government. “No response” indicates that the commission did not provide an answer to the question.

Advisory Opinions & Appeal Process

Ethics commissions have the authority to advise officials on ethical issues such as conflict of interest and financial disclosure. Advisory opinions on the application of any provision of ethics or other law under commission jurisdiction may be based on real or hypothetical circumstances, and offer guidance for public officials when making decisions that could appear unethical.

Most commissions make advisory opinions public. At least 15 commissions omit the identity of the person requesting the advisory opinion. These include the Alaska Public Offices Commission, the Alaska Legislative Ethics Committee, the Kentucky Legislative Ethics Commission, the New York State Commission on Public Integrity and commissions in Florida, Illinois, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, North Carolina, Texas and West Virginia. In Pennsylvania and South Carolina, advisory opinions can be requested to remain confidential. In Delaware, Hawaii, and Nevada, only an edited synopsis of the opinion is released, unless the subject of the opinion waives confidentiality.

Most ethics commissions have a process for appealing advisory opinions. Appeal processes differ across ethics commissions. Most appeals are directed to some court of law, whether it is the local, circuit, district, or superior court. The Pennsylvania State Ethics Commission will take appeals directly. Appeals to at least four commissions, including Georgia, Illinois, Nevada and the Washington State Legislative Ethics Board are sent for ‘judicial review.’ At least 14 commissions do not have a process for or do not allow appeals. These include Alabama, Alaska Legislative Ethics Committee, California, Colorado, Delaware, Maryland, Michigan, Minnesota, Oklahoma, Texas, West Virginia, Wisconsin, the Indiana State Ethics Commission and the Kentucky Legislative Ethics Commission.

Note: This chart shows selected statutes of ethics commissions. Some commissions that do not have statutory requirements may have them in their rules and regulations.

AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |

Commission	Are Advisory Opinions Made Public? What Is the Appeal Process?
Alabama Ethics Commission § 36-25-4(9)	Advisory opinions are made public No appeal process
Alaska Legislative Ethics Committee	Advisory Opinions are made public - with sufficient deletions to prevent disclosing identity of persons involved. No appeal process
Alaska Public Offices Commission AS 24.60.160	Advisory opinions are made public Appeal process: to Superior Court
Arizona	No ethics commission
Arkansas Ethics Commission § 7-6-217	Advisory opinions are made public Appeal Process: Final action in a case may be appealed to circuit court.
California Fair Political Practices Commission § 83114	Advisory opinions are made public No appeal process
Colorado Independent Ethics Commission § 24-18.5-10 (IV)	Advisory opinions are made public No appeal process
Connecticut Office of State Ethics § 1-81	Advisory opinions are made public Appeal process: Superior Court
Delaware State Public Integrity Commission § 5807	Advisory opinions are made public – synopsis that does not identify the individual, or if disclosure is requested in writing by the person charged No appeal process
Florida Commission on Ethics § 112.315 (11) § 112.22 (3)(a)	Advisory opinions are made public - without revealing the identity of the requesting person unless such person consents Appeal process: To a District Court of Appeal (one step below the Fla. Supreme Court)
Georgia State Ethics Commission § 21-5-6 (13)	Advisory opinions are made public Appeal process: Judicial Review/Superior Court
Hawaii State Ethics Commission § 84-31	Only redacted opinion summaries are published Appeal process: Local court
Idaho	No ethics commission
Illinois Office of the Legislative Inspector General § 5 ILCS 430/25- 5 ILCS 430/60	Advisory opinions are made public; if commission determines that it is appropriate to protect the identity of individuals involved, it may redact information in the summary Appeal Process: A decision by the Legislative Ethics Commission to impose a fine is subject to judicial review. All other decisions by the Commission are final.
Illinois Executive Ethics Commission	Advisory opinions are made public if discipline is more than three days' suspension, or if the commission decides that it is appropriate No Appeal Process
Indiana Lobby Registration Commission § 2-7-1.6-5	Advisory opinions are made public Appeal Process: administrative code for hearings applies and the ILRC has a formal AO request procedure
Office of the Indiana Inspector General and Indiana State Ethics Commission § 4-2-6-4	Advisory opinions are made public No Appeal Process
Iowa Ethics and Campaign Disclosure Board § 68B.32A	Advisory opinions are made public Appeal Process: to district court
Kansas Governmental Ethics Commission § 25-4159	Advisory opinions are made public Appeal Process: Appeals can be made to the district court
Kentucky Legislative Ethics Commission § 6.681	Advisory opinions are made public – edited; names are removed. Confidentiality may be waived by person who requested the opinion or by a majority vote of the commission. No appeal process
Kentucky Executive Branch Ethics Commission § 11A.110	Advisory opinions are made public; if requested in writing, identity can be kept confidential Appeal Process: Appeals can be made to the Circuit Court
Louisiana Board of Ethics § 42:1134, §42:1142	Advisory opinions are made public Appeal Process: not as to advisory opinions, but by aggrieved parties as to decisions that a person violated a law administered by the Board.
Maine Commission on Governmental Ethics and Election Practices § 1013 (4)(D)	Advisory opinions are made public - with such deletions and changes as the commission considers necessary to protect the identity of the requesting person. Appeal process: Pursuant to the Maine Administrative Procedure Act; Superior Court
Maryland State Ethics Commission § 15-303	Advisory opinions are made public; identifying information is redacted Appeal Process: Yes for complaint/enforcement matters. Not for advisory opinions.
Massachusetts State Ethics Commission § 268B Sec. 3(g)	Advisory opinions are made public - identifying information is removed unless requesting person consents to such inclusion. Informal advisory opinions issued by staff are confidential. Appeal process: Superior Court
Michigan State Board of Ethics § 15.345 (e)	Advisory opinions are made public No appeal process
Minnesota Campaign Finance and Public Disclosure Board § 10A.02 (12)	Advisory opinions are made public – without identifying information, unless requesting person consents to such inclusion. No appeal process
Mississippi Ethics Commission § 25-4-17 (i), § 25-4-21	Advisory are made public, but redacted to ensure anonymity of those named Appeal process: Circuit Court for Hinds County, Mississippi
Missouri Ethics Commission § 105.955 (16)	Advisory opinions are made public - information identifying the requesting person is deleted. Appeal Process: No response
Montana Commissioner of Political Practices § 13-37-119	Advisory opinions are made public Appeal Process: Code of Ethics decisions can be appealed to a court.
Nebraska Accountability and Disclosure Commission § 49-14,123 (10); § 49-14,131	Decisions on complaints are made public; advisory opinions are always public Appeal Process: To the District Court of the county in which the hearing was held
Nevada Commission on Ethics § 281A.440	Advisory opinions are made public – abstract of opinion is made public unless confidentiality is waived by subject. Appeal Process: Judicial review
New Hampshire	No ethics commission
New Jersey Election Law Enforcement Commission	Advisory opinions are made public Appeal Process: Court
New Jersey State Ethics Commission	No response Appellate division of Superior Court
New Mexico	No ethics commission
New York State Commission on Public Integrity § 94-15	Advisory opinions are made public – identifying information is removed Appeal Process: Court action
New York State Legislative Ethics Commission § 80	Advisory opinions are made public No response
North Carolina State Ethics Commission § 138A-13	Advisory opinions are made public – requestor’s identity is not released without consent Appeal process: No Response
North Dakota	No ethics commission
Ohio Ethics Commission § 102.07, § 102.06(B)	Advisory opinions are made public Appeal Process: Court of Law
Oklahoma Ethics Commission § 257:30-1-6	Advisory opinions are made public No appeal process
Oregon Government Ethics Commission § 244.280, § 244.290	Advisory opinions are made public Appeal process: Court
Pennsylvania State Ethics Commission § 1107	Advisory opinions are made public – unless specifically requested that they remain confidential Appeal Process: Advices of Counsel are appealable to the Commission. Commission Opinions and Orders are appealable to the Commonwealth Court of Pennsylvania.
Rhode Island Ethics Commission § 36-14-11, § 36-14-15	Advisory opinions are made public Appeal Process: Appeals on complaints may be made to the Superior Court pursuant to the Administrative Procedures Act.
South Carolina Ethics Commission § 8-13-320	Advisory opinions are made public – unless requestor asks for a confidential opinion Appeal process: From hearing panel to full commission to state court of appeals
South Dakota	No ethics commission
Tennessee Bureau of Ethics and Campaign Finance § 3-6-117	Advisory opinions are made public Appeal Process: A reconsideration could be requested
Texas Ethics Commission § 571.093, §571.133	Advisory opinions are made public - but maintain confidentiality of name of person requesting the opinion. No appeal process
Utah Independent Ethics Commission	No Response
Vermont	No ethics commission
Virginia	No ethics commission
Washington State Legislative Ethics Board LEB Rule K-5 § 42.52.320	Advisory opinions are made public Appeal process: Limited - certain cases to Attorney General - judicial review of finding of guilt , state Admin. Procedures Act.
Washington Public Disclosure Commission	Advisory opinions are made public. They can be reviewed under the state's Administrative Procedures Act. No response
Washington Executive Ethics Board	Advisory opinions are made public. They are published on the board's website. After a final board decision on a case, the respondent may appeal through the court system as specified in the Administrative Procedures Act.
West Virginia Ethics Commission § 6B-2-3,	Advisory opinions are made public - identifying information is deleted No appeal process
Wisconsin Government Accountability Board § 5.05 (5s)(f)2.c.	In some circumstances No Appeal Process
Wyoming	No ethics commission



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