SB11-SSA1-SA1,2,34
5.05
(6) Formal opinions. Any interested person may make written request to
5the
board executive director of the board to issue a formal opinion with respect to the
6person's authority or responsibilities under chs. 5 to 12. The
board executive director 7shall within 15 days advise the person requesting an opinion whether or not a formal
8opinion will be issued. If a formal opinion will be issued, it shall be issued within 30
9days of the request.
The executive director may consult with the board before issuing
10a formal opinion. No person acting in good faith upon a formal opinion issued to the
11person by the
board executive director shall be subject to civil or criminal prosecution
12for so acting, if the material facts are as stated in the opinion request. Nothing in
1this subsection requires the issuance of an opinion by the
board executive director,
2nor precludes
it the executive director from issuing an opinion or ruling in any other
3manner.".
SB11-SSA1-SA1,2,86
19.46
(1) (intro.) Except in accordance with the
board's advice
of the executive
7director of the board under sub. (2) and except as otherwise provided in sub. (3), no
8state public official may:".
SB11-SSA1-SA1,3,6
10"19.46
(2) Any individual, either personally or on behalf of an organization or
11governmental body, may request of the
board executive director of the board an
12advisory opinion regarding the propriety
under this subchapter or subch. III of ch.
1313 of any matter to which the person is or may become a party; and any appointing
14officer, with the consent of a prospective appointee, may request of the
board 15executive director an advisory opinion regarding the propriety
under this subchapter
16or subch. III of ch. 13 of any matter to which the prospective appointee is or may
17become a party. The
board executive director shall review a request for an advisory
18opinion and may advise the person making the request. Advisory opinions and
19requests therefor shall be in writing.
The board's deliberations and actions upon The
20executive director may consult with the board before issuing a formal opinion but
21shall not reveal any information to the board that would identify the requester of the
22opinion. All consultations with the board concerning such requests shall be in
23meetings not open to the public. It is prima facie evidence of intent to comply with
24this subchapter or subch. III of ch. 13 when a person refers a matter to the
board
1executive director and abides by the
board's executive director's advisory opinion, if
2the material facts are as stated in the opinion request.
The board may authorize the
3executive director to act in its stead in instances where delay is of substantial
4inconvenience or detriment to the requesting party. No member or employee of the
5board may make public the identity of the individual requesting an advisory opinion
6or of individuals or organizations mentioned in the opinion.".
