Immunity

All three kinds of Ethics Commission opinions provide immunity to individuals who receive them. Any person who receives a written advisory opinion from the Commission can “reasonably rely” on the opinion and shall be immune from criminal prosecutions, civil suits, and removal from his or her office or position based on the facts and circumstances covered by the opinion. In other words, if you receive an advisory opinion from the Commission, you receive immunity for the facts and circumstances described in the opinion provided that you:

  1. Have fully disclosed all relevant facts; and
  2. Comply with the guidelines applied in the opinion.

Individuals in similar situations to those described in a previous opinion can also rely on the opinion and receive the same immunity.