Does written advice provide immunity?
Formal written advice based upon accurate and complete facts provides immunity to the requestor from any enforcement action initiated by the Ethics Commission and is evidence of good faith in any other proceeding (e.g., an investigation initiated by the FPPC) if the requestor relies upon the advice in good faith. Formal written advice is not a declaration of policy by the Ethics Commission. It is the application of law to a particular set of facts. Though the advice may provide guidance to others, the immunity provided by formal written advice is limited to the requestor under the specific facts described in the letter. As discussed above, telephone advice and informal written advice do not confer immunity on the requestor.
