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Board declines advisory opinion on adjudicated facts, debates electronic service rulemaking
Summary
The Executive Ethics Board declined to issue an advisory opinion on a matter already adjudicated, citing precedent and the advisory function's forward-looking role; it also began discussion of rulemaking to permit electronic service but asked staff to research appeal/court interactions and USPS changes before proceeding.
The Executive Ethics Board voted on Jan. 9 to decline a request that would have produced an advisory opinion based on facts previously adjudicated. Board members and staff said advisory opinions are intended primarily to offer forward-looking guidance to state employees and agencies, not to act as an appeals mechanism or to publish opinions anchored to closed enforcement findings.
Kate Reynolds, board staff, summarized the historical use of advisory opinions and noted that "generally ...…
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