The Commission may provide an informal written reply with general guidance in response to written requests for advice that do not meet the criteria for formal written advice. Since formal and informal written advice is provided by Commission staff, neither constitutes a formal opinion by the Commission under Government Code Section 83114(a) or a statement of Commission policy. More details about the written advice process can be found in Section 18329 of Title 2 of the California Code of Regulations. Commission Opinions Under Government Code Section 83114(a) Any person may request the Commission to issue an opinion with respect to that person’s duties under this title. The Commission shall, within 14 days, either issue the opinion or advise the person who made the request whether an opinion will be issued. Any person who acts in good faith on an opinion issued to that person by the Commission shall not be subject to criminal or civil penalties for so acting, provided that the material facts are as stated in the opinion request. The Commission’s opinions shall be public records and may from time to time be published. In addition, since the process requires formal action by the Commission, if the request is accepted, it normally takes several months after the question is submitted before a formal opinion may issue from the Commission. A formal opinion issued by the Commission provides the requestor with immunity from civil or criminal prosecution under the Political Reform Act so long as the facts presented by the requestor are accurate and the requestor acts within the confines of the opinion. More details about the formal opinion process can be found in Sections 18320 through 18326 of Title 2 of the California Code of Regulations. (Source: FPPC Website)
City of Irvine Candidate Handbook
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