Advisory Opinion 001
Adopted: November 15, 1977
Subject: Conflict of Interest
Requested By:  Byron W. Fallesen
Summary:  County Commissioner with financial interest in performance bonds for contractor bidding on contracts in his county had a conflict which must be disclosed.  He may vote only if it is necessary in order for the Commission to award the contract, but, in any event, he must disclose his conflict and file a disclosure with this Commission.

Advisory Opinion 002
Adopted: January 18, 1978
Subject: Campaign Finance
Requested By:  Judy R. Zaiman
Summary:  A separate segregated political education fund is required to file a Statement or Organization with this Commission and is subject to disclosure provisions except that if it is operated in accordance with the provisions of §49-1469 [since modified], no disclosure of campaign expenditures is necessary.

Advisory Opinion 003
Adopted: January 18, 1978
Subject: Statement of Financial Interests
Requested By:  The Honorable Douglas Bereuter
Summary:  A Statement of Financial Interests for the preceding calendar year (1977) must be filed by all designated officeholders who statutorily are in the office on April 1, 1978, but no such filing is necessary if the officeholder has left before April 1, 1978.

Advisory Opinion 004
Adopted: January 18, 1978
Subject: Statement of Financial Interests
Requested By:  William W. Lyons
Summary:  Directors of statutorily established irrigation districts are not required to file Statements of Financial Interests.

Advisory Opinion 005
Adopted: January 18, 1978
Subject: Statement of Financial Interests
Requested By:  Dennis J. Mullin, Attorney
Summary:  Under statutes existing at the time of this Advisory Opinion, members of the Nebraska Poultry and Egg Development, Utilization and Marketing Committee are not required to file Statements of Financial Interests.

Advisory Opinion 006
Subject:  Campaign Finance
Adopted: February 15, 1978
Requested By:  Steven Burns
Summary:  Methods of obtaining contributions for a separate segregated political education fund by a labor union, including advance or reverse due check off and payroll deductions, are not in violation of statutes requiring that such contributions be voluntary, since all such methods require an affirmative election.

Advisory Opinion 007
Adopted – February 15, 1978
Subject- Statement of Financial Interests
Requested by:  Richard T. Smith
Summary:  Certain designated city officials are not required to file Statements of Financial Interests.

Advisory Opinion 008
Adopted – February 15, 1978
Subject- Conflict of Interest
Requested by:  Robert H. Conner, Saline County Attorney
Summary:  Statement of Financial Interests does not need to include patrons or customers of business with which the filer is associated.  County Commissioner who has contracts with firms which have contracts with county, need not disclose on his Statement of Financial Interests, but may be required to disclose and avoid potential conflicts of interests.

Advisory Opinion 009
Adopted – March 15, 1978
Subject- Statement of Financial Interests; Conflict of Interest
Requested by:  Paul Kosch, President, First National Bank, David City, Nebraska
Summary:  (1) Appointed members of board of trustees for county hospitals are not required to file Statements of Financial Interests; (2) Member of said board who is a banker and in whose bank hospital’s funds are deposited, does not have a conflict of interest since he is not covered by applicable conflicts statute; (3) Member of county hospital board may bid on hospital insurance contract but with certain restrictions; (4) If a majority of the county hospital board of trustees are individuals with financial interest in (2) and (3) above, then there would be a conflict and neither transactions (2) and (3) could be entered into; (5) No public notice required for (2) and (3) because $2,000 threshold not met.  Note: this advisory opinion withdrawn and revised on October 17, 1979 with (3) above, slightly modified to mean that the statutory amount of $2,000 means overall consideration and not personal pecuniary interest. (See AO#34)

Advisory Opinion 010
Adopted – March 15, 1978
Subject- Campaign Finance
Requested by:  Greg Eden
Summary: (1) Out of state contributions from individuals in excess of $100 need to be reported only to the campaign committee which has received it; (2) Former candidate committee must be dissolved pursuant to Commission Rule 4 in order to transfer funds to new campaign committee and transfer must be noted in Statement of Dissolution; (3) Transportation of a candidate in an individual’s personal car or aircraft, which transportation is worth $250 or less for the calendar year is not an in-kind contribution as long as there is not an agreement that the costs be repaid; (4) Cost of preparation and mailing for a candidate and paid for by an individual is not an in-kind contribution but must be reported as an independent expenditure if payment is made in excess of $100 to a single vendor; (5) Disclaimers (name of person or entity paying for message) no longer required on billboards.

Advisory Opinion 011
Adopted – March 15, 1978
Subject- Statement of Financial Interests
Requested by: Cyril P. Shaughnessy, Attorney for the Loup Basin Reclamation District, the Twin Loups Reclamation District, and the Cedar Valley Reclamation District.
Summary:  Directors of Reclamation Districts are not required to file Statement of Financial Interests.

Advisory Opinion 012
Adopted – April 19, 1978
Subject- Campaign Finance
Requested by: Kerry L. Kester, Treasurer, DeCamp for Public Office Committee
Summary:  Candidate committee may not use its funds to buy tickets as a fundraiser for another candidate.

Advisory Opinion 013
Adopted – June 21, 1978
Subject- Statement of Financial Interests
Requested by: William W. Lyons, Attorney for McCook Public Power District
Summary:  Manager of public or rural power districts is required to file Statement of Financial Interests.

Advisory Opinion 014
Adopted – June 21, 1978
Subject- Lobbying
Requested by: William B. Brandt, General Counsel. Nebraska Bankers Association
Summary:  Lobbyist or his principal may provide complimentary tickets worth $10 apiece to state senators and spouses, with gift of another $11 allocated to their food and drink.

Advisory Opinion 015
Adopted – June 21, 1978
Subject- Campaign Finance
Requested by:  Betty J. Steinbrecher
Summary: (1) Ballot question committee need not be formed where just one person is donor. (2) Start date for computing 35 day period for filing Campaign Statement is the day after a copy of the form of an initiative petition is filed with the Secretary of State. Prior to obtaining of petition signatures.

Advisory Opinion 016
Adopted – July 19, 1978
Subject- Conflict of Interest
Requested by: Willard Weinhold, Dawson County Attorney
Summary: Contract of employment with a county employee for additional professional services, outside scope of county employment and without use of county personnel, property, or resources, is not subject to statute requiring open and public bidding process.

Advisory Opinion 017
Adopted – July 19, 1978
Subject- Statement of Financial Interests
Requested by: William W. Lyons, Attorney for McCook Public Power District
Summary:  Directors of public or rural power districts filing for re-election do not need to file new statement of financial interests if their filings are current, but those candidates who are not incumbents and have not filed a Statement of Financial Interest must do so at the time of filing as candidate with Secretary of State.

Advisory Opinion 018
Adopted – August 16, 1978
Subject- Campaign Finance
Requested by: Larry Schwartz, President, National Order Systems, Inc.
Summary:  Candidate contributions may be made by credit card.

Advisory Opinion 019
Adopted – August 16, 1978
Subject- Conflict of Interest
Requested by: The Honorable Loran Schmit, State Senator, 23rd District
Summary:  It is not a conflict of interest for a state senator to receive payment for his room and expenses while attending a conference in Brazil where he is not being paid by a lobbyist or principal, has not solicited the gift, and there is no quid pro quo involved.

Advisory Opinion 020
Adopted – September 20, 1978
Subject- Campaign Finance
Requested by: The Honorable Larry D. Stoney, Senator, 4th District
Summary:  Funds received in a current campaign can be used to make payments on a loan which was taken out for use in a prior campaign.  However, if the prior campaign committee was dissolved, a new Statement of Organization should be filed to receive such payments.  After a campaign, unexpended funds can be used for repayment of campaign loans, including reimbursement to the candidate for prior payments made on such a loan.

Advisory Opinion 021
Adopted – September 20, 1978
Subject- Campaign Finance
Requested by: David A. Ludtke, Legal Counsel, Whelan for Governor
Summary:  Nebraska law considers an elective officeholder to be a candidate for that same office, when the incumbent in one office announces he will be a candidate for another elective office, there is no requirement to form a candidate committee for the prior office.

Advisory Opinion 022
Adopted – September 20, 1978
Subject- Statement of Financial Interests
Requested by: Roy Hahn, Attorney At Law
Summary:  Statement of Financial Interests must be filed for the entire year although the requirement did not become effective until part-way through the year.

Advisory Opinion 023
Adopted – October 18, 1978
Subject- Conflict of Interest
Requested by: Terence B. Campbell
Summary:  No conflict of interest where an office employee who is an agent for catalog merchandiser wishes to offer goods for sale to inmates who would use non government funds for any purchases and where purchases may be authorized by a separate employee.

Advisory Opinion 024
Adopted – November 15, 1978
Subject- Lobbying
Requested by: David L. Piester, Director, Legal Services of Southeast Nebraska
Summary:  Legal Aid lawyer who is registered as a lobbyist for Legal Aid, need not register separately as a lobbyist for each of his separate clients affected by his lobbying.

Advisory Opinion 025
Adopted – January 17, 1979
Subject- Conflict of Interest
Requested by: Gary Gustafson, Executive Secretary, Nebraska Power Review Board
Summary:  Member of the Nebraska Power Review may accept employment as General Counsel for the University.

Advisory Opinion 026
Adopted – January 17, 1979
Subject- Conflict of Interest
Requested by: Ed Schulenber, Chief, Division of Social Services, Department of Public Welfare
Summary:  A Judge in a Separate Juvenile Court may not enter into a contract with the Department of Public Welfare in connection with preparing rules and regulations for the licensing of child care institutions because of the doctrine of Separation of Powers.

Advisory Opinion 027
Adopted – March 21, 1979
Subject- Campaign Finance; Lobbying
Requested by: The Honorable Frank Lewis, Senator, 45th District
Summary:  A corporation’s contributions to tax exempt organization to defray costs when otherwise would be paid by state, are not reportable as political, campaign, or lobbying expenditures.

Advisory Opinion 028
Adopted – April 18, 1979
Subject- Statement of Financial Interests
Requested by: Dennis J. Mullin, Attorney, Department of Agriculture
Summary:  Assistant directors of the Department or Agriculture must file Statements of Financial Interest when they leave office.

Advisory Opinion 029
Adopted – April 18, 1979
Subject- Statement of Financial Interests
Requested by: Terrence J. Ferguson
Summary:  Members and employees of the Nebraska Mortgage Finance Fund are not required to file Statements of Financial Interest.

Advisory Opinion 030
Adopted – May 4, 1979; revised May 23, 1979
Subject- Campaign Finance
Requested by: James E. Gordon, Treasurer, Nebraskans for Freedom of Choice
Summary:  Proposed advisory opinion was not adopted.  Consensus of Commission on subject stated.

Advisory Opinion 031
Adopted – May 23, 1979
Subject- Lobbying
Requested by: The Honorable Steve Fowler, State Senator
Summary: An attorney who was retained to give a legal opinion by a State Senator and whose legal opinion was then distributed to the Legislature by that Senator to influence the passage of legislation does not fall under the definition of “lobbyist” found in Nebraska law.

Advisory Opinion 032
Adopted – June 20, 1979
Subject- Lobbying
Requested by: William B. Brandt, General Counsel, Nebraska Bankers Association
Summary:  With respect to a bankers association, the names and address of persons who pay membership dues to a lobbying principal do not need to be reported based upon a formula which would attempt to identify what portion of the dues are actually for lobbying purposes.  However, the names and addresses of any persons paying over $100 in membership dues in any month must be reported by a principal  whose purpose is lobbying.

Advisory Opinion 033
Adopted – June 20, 1979
Subject- Campaign Finance
Requested by: The Honorable Rex Haberman, State Senator
Summary:  A candidate committee of a State Senator which has unexpended funds may receive or expend funds when the Senator visits his district during a non-election period. (modified March 16, 1984)

Advisory Opinion 034
Adopted – September 19, 1979
Subject- Conflict of Interest
Requested by: The Honorable Don Wesely, State Senator
Summary:  (1) State Senator may generally receive honoraria of speeches where it is not from a lobbyist or principal.  Honoraria proceeds may be used for any lawful purpose. (2) A State Senator may act as sales representative for sale of educational materials to state agencies, political subdivisions and public sectors, so long as each contract is valued at less than $2,000 per year, if the contract is for more than $2,000 it must be awarded through an open and public process.

Advisory Opinion 035
Adopted – February 20, 1980
Subject- Lobbying
Requested by: Jack Odgaard, Executive Director, Nebraska Water Resources Association
Summary: Principal or lobbyist may provide lodging and transportation for State Senators in excess of $25 in any one month for educational field tour which Senators are not otherwise required to make.

Advisory Opinion 036
Adopted – February 20, 1980
Subject- Statement of Financial Interests
Requested by: William F. Austin, Lincoln City Attorney
Summary: A municipality may establish its own financial disclosure requirements which are distinct form those established by this Commission.

Advisory Opinion 037
Adopted – March 19, 1980
Subject- Campaign Finance
Requested by: The Honorable John W. DeCamp, State Senator
Summary: A candidate committee may invest its funds in interest bearing accounts and other securities including coins or personal property, but investments should be reported as expenditures and interest must be reported and transferred back to the official depository account.

Advisory Opinion 038
Adopted – March 19, 1980
Subject- Lobbying
Requested by: Patrick J. O'Donnell, Clerk of the Legislature and William E. Holland, attorney for Association of Center Pivot Manufacturers
Summary: An entity registering as a lobbyist must list a principal; without a principal, there is no registration. Individuals from the lobbying entity who are actually contacting senators in connection with legislation would have to register as lobbyists with the entity as principal.

Advisory Opinion 039
Adopted – June 18, 1980
Subject- Conflict of Interest
Requested by: Michael Albert and the Board of Directors, Omaha-Council Bluffs Metropolitan Area Planning Commission (MAPA).
Summary: Under previous law, a contract between a public official and a government body would be acceptable if statutory requirements of open and public bidding as well as public inspection are met.

Advisory Opinion 040
Adopted – October 15, 1980
Subject- Campaign Finance
Requested by:  The Honorable Loran Schmit, State Senator
Summary: Officeholder may hire individual with private funds to work with government staff of officeholder. Person so hired would need to register as a lobbyist if definition is met. Privately funded person may not use government funds or resources.

Advisory Opinion 041
Adopted – December 19, 1980
Subject- Campaign Finance
Requested by: N/A
Summary: An officeholder (public official) may use excess campaign funds to hire non-governmental employee to assist officeholder. Officeholder is eligible for re-election and is therefore a candidate.

Advisory Opinion 042
Adopted – April 15, 1981
Subject- Conflict of Interest, Statement of Financial Interest
Requested by: Herbert J. Duis, Commissioner, Nebraska Liquor Control Commission
Summary: Nebraska Liquor Control Commissioner sold his business, which bore his name. Subsequent purchaser wishes to use business name. The Commissioner may assign the use of his name, but not the power or authority of his office to the subsequent purchaser. Subsequent purchaser may attempt to market some licensees of the Liquor Control Commission.

Advisory Opinion 043
Adopted – May 15, 1981
Subject- Conflict of Interest
Requested by: Sherry Blaha, Gering, Nebraska
Summary: City may accept bids from company partly owned by spouse of city councilman, and in which city councilman works part-time. Bids from such company may be accepted where contract was awarded through open and public bidding process. City Council member did not represent either party in the transaction or participate in voting on contract.

Advisory Opinion 044
Adopted – June 19, 1981
Subject- Lobbying
Requested by: The Honorable Peter Hoagland, State Senator
Summary: Senator’s acceptance of $100 ticket provided by lobbyist to a dinner is not a gift to the Senator over $25, since $80 of the ticket constitutes a charitable contribution, with $20 attributable to food and beverage for immediate consumption.

Advisory Opinion 045
Adopted – August 21, 1981
Subject- Conflict of Interest
Requested by: Vernon Elting, Bruning, NE
Summary: Inspector for Department of Agriculture may purchase corn which is labeled “reject” where the Inspector does not make decision on rejection and has no advantage over other interested buyers.

Advisory Opinion 046
Adopted – February 19, 1982
Subject- Conflict of Interest
Requested by: Charles A. Kandt, Lincoln County Attorney
Summary: County Attorney may hire spouse on temporary part-time basis provided spouse not be employed preferentially over others who are qualified and spouse is not paid excessive salary.

Advisory Opinion 047
Adopted – April 23, 1982
Subject- Conflict of Interest
Requested by: Joseph M. Casson, Jefferson County Attorney
Summary: County Attorney may be an officer in a collection agency located in same building as his public office, where spouse is sole shareholder of collection agency. Collection agency may not use public resources.

Advisory Opinion 048
Adopted – July 23, 1982
Subject- Conflict of Interest
Requested by: Lincoln City-Lancaster County Planning and Zoning Commission, c/o Dana W. Roper, Assistant City Attorney
Summary: Statement of Potential Conflict as provided by City of Lincoln Ordinance, need not be filed when proposed action of Lincoln City-Lancaster County Planning Commission concerns matter subject to approval by Lincoln City Council.

Advisory Opinion 049
Adopted – August 27, 1982
Subject- Campaign Finance
Requested by: CARE PAC, Sandy Effle, Chairman
Summary: Legality of sale of raffle tickets not within jurisdiction of the Commission. If sale of such tickets is legal, it would be considered a fund-raising event, and proceeds would be “contributions.”

Advisory Opinion 050
Adopted – August 27, 1982
Subject- Conflict of Interest
Requested by: Fred Sebesta, Waste Management Supervisor, Permits and Enforcement Section, Department of Environmental Control
Summary: An employee of the executive branch of government may receive pay or reimbursement from members of a local chapter of professional organization in which employee is a member for the purpose of attendance at board of directors’ meeting.  Payment may not be made or conditioned upon influencing action.

Advisory Opinion 051
Adopted – September 17, 1982
Subject- Use of Public Resources
Requested by: John F. Cole, Syracuse, NE
Summary: A policeman may not wear his uniform or be engaged in the performance of his duties while engaged in deliberate campaign activities. A police uniform in campaign materials is permissible. A police officer may engage in political campaign activity while “on call,” but not when on duty. There is not a violation unless the political campaigning while in uniform is overt and deliberate.

Advisory Opinion 052
Adopted – September 17, 1982
Subject- Conflict of Interest
Requested by: Lloyd W. Kilmer, Omaha, NE
Summary: The requesting party is chairman of the Nebraska public Employees Retirement Fund, and is a public official. The requester may not represent another entity before the Nebraska Mortgage Finance Fund or the Nebraska Investment Council for compensation.

Advisory Opinion 053
Adopted – December 17, 1982
Subject- Campaign Finance
Requested by: Leon McCoy, Treasurer DeCamp for Public Office Committee
Summary: Where candidates or their committees utilize non-profit mailing privileges from either the State Democratic or Republican Party, that Party must report the extent of that use (the difference between the standard vs. non-profit mailing rate) as an in-kind contribution.

Advisory Opinion 054
This Opinion was withdrawn—see AO #59

Advisory Opinion 055
Adopted – January 21, 1983
Subject- Campaign Finance
Requested by: The Honorable Rod Johnson, State Senator
Summary: A State Senator may not use campaign funds to pay for his apartment rent during the legislative session since campaign funds are limited for use in assistance of or in opposition to the nomination or election of a candidate.

Advisory Opinion 056
Adopted – February 18, 1983
Subject- Use of Public Resources
Requested by: Charles J. Egr. Saunders County Clerk
Summary: A County Official may, at public expense, purchase stationery, business cards, and pens with his name on them, provided they are used for government business and not for campaign purposes.

Advisory Opinion 057
Adopted – June 17, 1983
Subject- Statement of Financial Interest
Requested by: Patricia Schuett Peterson, Kutak, Rock & Huie
Summary: Under law and NADC Rules at the time of this Advisory Opinion, members and employees of the Nebraska Investment Finance Authority are not required to file Statements of Financial Interests.

Advisory Opinion 058
Adopted – June 17, 1983
Subject- Conflict of Interest
Requested by: Ken Kirschenmann, Lincoln, NE
Summary: A State employee who engages in a private business may sell his products to the State of Nebraska and its political subdivisions as long as there is an open and public bidding process. To the extent that the employee could be engaged in purchasing his own product, a disclosure of potential conflict of interest must be filed, and the employee is prohibited from involvement in such purchases.

Advisory Opinion 059
Adopted – June 17, 1983
Subject- Conflict of Interest
Requested by: Stephen P. Herman, Frontier County Attorney,
Summary: A part-time County Attorney may hire his or her spouse as long as the government salary is reasonable. Where the work of the County Attorney is done in a private law office and the duties of the County Attorney do not lend themselves to a fixed schedule, there is no abuse of discretion where the government salary is not arbitrary, capricious and unreasonable.

Advisory Opinion 060
Adopted – November 18, 1983
Subject- Campaign Finance
Requested by: The Honorable Rod Johnson, State Senator
Summary: Campaign funds may be used to purchase office equipment for an officeholder or his campaign treasurer to be used for campaign purposes outside the office-holders government office.

Advisory Opinion 061
Adopted – December 16, 1983
Subject- Conflict of Interest
Requested by: Richard H. Hansen Legal Counsel, Department of Environmental Control
Summary: A governmental entity is not a “business”, as defined by the NPADA. A member of the Environmental Control Council, who is also an employee of the University of Nebraska, may render consulting services to the Department of Environmental Control, and his compensation would be as provided by law by a salary from the University of Nebraska. Conflicts of law rules would apply if he is confronted with taking action or making a decision which may result in financial benefit or detriment.

Advisory Opinion 062
Adopted – January 27, 1984
Subject- Campaign Finance
Requested by: Rudy Peralez, Executive Director, Mexican American Commission
Summary: The Mexican-American Commission may solicit private funds and hold a reception at the Governor’s Mansion since it is within the scope of the purpose of the Commission and funds solicited are for a government purpose. This is not a violation even if some of the contributors are lobbyists or employees of lobbyists.

Advisory Opinion 063
Adopted – March 16, 1984
Subject- Lobbying
Requested by: Gary Goldberg, Kearney, NE
Summary: Lobbying unrelated to a public officeholder’s duties may be done by a person who is a part-time state employee, as long as the lobbying has nothing to do with his state office.

Advisory Opinion 064
Adopted – March 16, 1984
Subject- Conflict of Interest
Requested by: Dale De Haven, Sioux County Treasurer
Summary: Employment of a spouse is not a violation unless: unreasonably high salary; spouse unqualified for job and its duties; spouse not required to perform duties; another has been terminated to make way for spouse’s employment; hiring done without solicitation or consideration of other applicants, contrary to past practice. A statement of potential conflict should initially be filed.

Advisory Opinion 065
Adopted – April 20, 1984
Subject- Conflict of Interest
Requested by: The Honorable James E. Pappas, State Senator
Summary: A State Senator, when the legislature is not in session, wishes to engage in a business which does research and consulting with respect to legislative matters and political campaigns, and may employ a lobbyist. He is not prohibited from doing so, but a number of provisions of the NPADA may confine the activities of the Senator with respect to the business.

Advisory Opinion 066
Adopted – May 18, 1984
Subject- Conflict of Interest
Requested by: Larry Morris, Chief of Administration, Game and Parks Commission
Summary: Employment of the spouse of a supervisor as a temporary worker qualifiedly approved.

Advisory Opinion 067
Adopted – May 18, 1984
Subject- Conflict of Interest
Requested by: John H. Skavdahl, County Attorney, Sioux County, Nebraska
Summary: County official may hire his daughter to work in private office which is also his county office. The hiring is temporary. There is some reimbursement by the county for secretarial services, but the hiring is not a government action or decision such that Statement of Potential Conflict need be filed.

Advisory Opinion 068
Adopted – July 20, 1984
Subject-  Use of Public Resources
Requested by: The Honorable Roland A. Luedtke, Mayor, City of Lincoln
Summary: Public official may express his position on ballot question, but he may not use government personnel, resources, property or funds for that purpose, and political activity may not be done during office hours or when otherwise involved in public business. However, public personnel, resources and property may be used to present balanced, factual information to the public but not for advocacy.

Advisory Opinion 069
Adopted – July 20, 1984
Subject- Conflict of Interest
Requested by: The Honorable Peter J. Hoagland, State Senator
Summary: State Senator who is a lawyer may represent client before State Claims Board. If a legislative bill to pay any resultant claim is filed, the Senator must either abstain or explain why he is not abstaining. Prohibition against public official using office for financial gain applies to state senators.

Advisory Opinion 070
Adopted – October 26, 1984
Subject- Campaign Finance
Requested by: CF-PAC, Thomas C. Kjar, Chairman
Summary: Under previous law, Nebraska Political Action Committee may not transfer funds to a federal political action committee unless the Nebraska PAC is registered as a federal PAC.

Advisory Opinion 071
Adopted – October 26, 1984
Subject- Conflict of Interest
Requested by: Richard D. Kennedy, Lincoln, NE
Summary: An Appraiser, who is an employee of a Nebraska governmental agency, may, on his own time and without use or expenditure of government resources, perform work for another governmental agency. If there is any conflict between his 2 positions, he must file a Statement of Potential Conflict.

Advisory Opinion 072
Adopted – November 28, 1984
Subject- Conflict of Interest
Requested by: Dan Nolte, Lancaster County Register of Deeds
Summary: Register of Deeds may purchase and own real property for rental purposes. See guidelines in AO #65.

Advisory Opinion 073
Adopted – January 18, 1985
Subject- Conflict of Interest
Requested by: Robert Roy, Board of Park Commissioners, City of Ravenna
Summary: Under previous law, member of city appointed Board of Park Commissioners may qualifiedly sell hardware items to city.

Advisory Opinion 074
Adopted – January 18, 1985
Subject- Conflict of Interest
Requested by: John E. Spiegel, Mayor, City of Ravenna
Summary: Under previous law, Mayor, who is also newspaper editor and owns print shop, may qualifiedly enter into printing contracts with the city.

Advisory Opinion 075
Adopted – February 15, 1985
Subject- Conflict of Interest
Requested by: James R. Brown, representing the City of LaVista
Summary: Under previous law, councilman, who is also a salesman, may contract with city departments to the extent of $2,000 in a calendar year, but not in excess of $2,000.

Advisory Opinion 076
Adopted – February 15, 1985
Subject- Use of Public Resources
Requested by: Dan McGuire, Director - Nebraska Wheat Board
Summary: Nebraska Wheat Board may lawfully expend funds to pay for Nebraska legislators to go to Washington, D.C. to communicate severity of agricultural economic depression.

Advisory Opinion 077
Adopted – February 15, 1985
Subject- Conflict of Interest
Requested by: The Honorable Chris Beutler, State Senator
Summary: Under previous law, Nebraska State Senator asked a series of questions concerning potential conflict of interest with respect to pending Nebraska legislation. Commission advised that legislator should file a Potential Conflict of Interest form with respect to such legislation.

Advisory Opinion 078
Adopted – March 14, 1985
Subject- Conflict of Interest
Requested by: The Honorable John DeCamp, State Senator
Summary: A state senator who is acting as an attorney and consultant to clients to other states who are seeking to form corporately owned agricultural operations, does not have a conflict of interest if he supports a resolution to repeal Nebraska’s ban on corporate ownership of agricultural operations.

Advisory Opinion 079
Adopted – April 19, 1985
Subject- Conflict of Interest
Requested by: The Honorable John DeCamp, State Senator
Summary: Senator, who is an attorney, may represent clients seeking to form a corporation to create video lotteries in another state or territory other than Nebraska. At the same time, he may take a position in favor of or against a Nebraska statute seeking to permit such video lotteries in Nebraska.

Advisory Opinion 080
Adopted – April 19, 1985
Subject- Campaign Finance
Requested by: The Honorable Paul L. Douglas, former Nebraska Attorney General
Summary: Campaign committee funds, if properly accounted for in annual campaign statement, may be used to fund post-election public survey regarding candidate’s public image.

Advisory Opinion 081
Adopted – June 21, 1985
Subject- Conflict of Interest
Requested by: Alan M. Wood, counsel, Douglas County Agricultural Society
Summary: Agriculture society members of a non-profit private corporation are not public officials and not subject to the conflict of interest requirements of the NPADA.

Advisory Opinion 082
Adopted – August 23, 1985
Subject- Use of Public Resources
Requested by: Joe E. Lutjeharms, Commissioner of Education, Nebraska Department of Education
Summary: The NPADA prohibits public officials from using public resources to oppose a ballot question, but individual public officers may express their personal views in answer to questions, and in conversations, or speeches as long as public resources are not used. See also Advisory Opinion #68.

Advisory Opinion 083
Adopted – November 15, 1985
Subject- Campaign Finance
Requested by: Nebraska Traffic Safety Now
Summary: An organization, “Traffic Safety Now,” a coalition of 30 organizations and individuals, was formed to promote traffic safety and seat belt use. Educational activities of the organization predate a ballot question initiative on seat belt use, and these activities may continue without reporting as a ballot question committee. Independent expenditures made by the organization in support of the ballot question should be reported.

Advisory Opinion 084
Adopted – December 20, 1985
Subject- Conflict of Interest
Requested by: The Honorable Emil E. Beyer, Jr., State Senator
Summary: The NPADA does not prohibit a State Senator from accepting an appointment to an agricultural society board. State constitutional provisions should be consulted.

Advisory Opinion 085
Adopted – February 7, 1986
Subject- Campaign Finance
Requested by: Committee to Elect William E. Nichol
Summary: A candidate may rent a vehicle and use campaign funds to do so as long as the use of the vehicle is for campaign purposes. Personal use of the vehicle must be paid for with personal funds.

Advisory Opinion 086
Adopted – February 7, 1986
Subject- Campaign Finance
Requested by: The Honorable Lee Rupp, State Senator
Summary: A State Senator may use campaign funds to pay for newspapers published within the Senator’s district and to reimburse mileage attributable to campaign events.

Advisory Opinion 087
Adopted – February 7, 1986
Subject- Conflict of Interest
Requested by: Richard T. Smith, Gage County Attorney
Summary: Under the NPADA, a County Board may contract in an open and public process, with a part-time county surveyor or his firm for material, equipment and manpower services after a public letting of bids for that purpose.

Advisory Opinion 088
Adopted – March 21, 1986
Subject- Campaign Finance
Requested by: The Honorable Lee Rupp, State Senator,
Summary: A State Senator may utilize campaign funds to pay for membership fees in service organizations located in the Senator’s district where such memberships are related to enhancing his “political stature.”

Advisory Opinion 089
Adopted – March 21, 1986
Subject- Use of Public Resources
Requested by: Michael Nolan, City Administrator, City of Norfolk
Summary: A City may use municipal resources to prepare and distribute information on the City’s projected fire and police facility needs, present factual information on both sides of a ballot question, including the use of a local cable television channel. The information thus presented may not advocate or urge a vote for or against a ballot question.

Advisory Opinion 090
Adopted – March 21, 1986
Subject- Conflict of Interest
Requested by: K.B. Smith, candidate for County Commissioner for Lancaster County, Nebraska.
Summary: The NPADA does not prohibit a County Commissioner from also serving as a reserve deputy sheriff, but any potential conflict of interest must be disclosed.

Advisory Opinion 091
Adopted – May 2, 1986
Subject- Campaign Finance
Requested by: George Rhodes, candidate for Custer County Attorney
Summary: The NPADA’s disclaimer requirements that the candidate’s name, committee, and street address of the committee’s treasurer, should be placed on certain campaign materials, do not apply to pens, pencils, and lapel buttons.

Advisory Opinion 092
Adopted – May 2, 1986
Subject- Campaign Finance
Requested by: J. Russell Derr for Citizens for the Republic/State Candidate Committee Summary: An independent committee organized under California law, may make independent expenditures in a Nebraska state election without forming a committee under the terms of the NPADA.

Advisory Opinion 093
Adopted – May 2, 1986
Subject- Campaign Finance
Requested by: Thomas B. Donner, Attorney for Cuming County Assessor Harry Tichy
Summary: Under previous law, a candidate in an elective office who is an incumbent but was appointed, not elected, should not use the term “re-elected” in campaign materials.

Advisory Opinion 094
Adopted – August 8, 1986
Subject- Campaign Finance
Requested by: Michael L. Johnson for Hall County Livestock Improvement Association, Inc.
Summary: The Hall County Livestock Improvement Association must file a Report of Political Contributions where it makes an independent expenditure. Should the Association seek to solicit campaign contributions from its members, it would need to form a separate segregated fund (independent committee) and file a Statement of Organization of a Political Committee.

Advisory Opinion 095
Adopted – October 31, 1986
Subject- Use of Public Resources
Requested by: Douglas C. Christensen, Superintendent, North Platte Public Schools
Summary: A Board of Education may approve a resolution supporting passage of a ballot question where only an incidental use of public resources is involved. See also AO’s # 68 and 82.

Advisory Opinion 096
Adopted – February 13, 1987
Subject- Lobbying
Requested by: Timothy Shaw and Nebraska Advocacy Services, Inc.
Summary: The Executive Director of a private non-profit organization, whose regular duties do not include lobbying, must register as a lobbyist where he seeks to promote the introduction and enactment of state legislation through meetings with State Senators and testimony before legislative committees.

Advisory Opinion 097
Adopted – February 13, 1987
Subject- Conflict of Interest
Requested by: David L. Kimble for Utica Village Board
Summary: A Village Board member has no disqualifying conflict of interest where he is an employee of a corporation which intends to bid upon a contract with the Village Board and the employee will not receive a direct financial benefit from the proposed project. If three of five members of the Village Board have a conflict because they are bidders on a Village project, they may nonetheless vote on the project where their disqualification due to conflict would deprive the Village Board of a quorum and render it unable to act. However, federal law and regulations, if applicable, may preclude Village Board members with conflicts of interest from voting regardless of quorum considerations.

Advisory Opinion 098
Adopted – February 13, 1987
Subject- Conflict of Interest
Requested by: Richard T. Smith, Gage County Attorney
Summary: A County Board may contract with a part-time elected County Surveyor for defined services outside the scope of his County Surveyor duties. The contract should be entered into in an open and public process. A conflict of interest form should be filed by the Surveyor with particular reference to inspection and acceptance of the work which he proposes to do.

Advisory Opinion 099
Adopted – February 13, 1987
Subject- Conflict of Interest
Requested by: Ron A. Metzgar
Summary: A private, non-public employee, who is a former public employee or public official, may work on behalf of a private firm to secure a public contract with the same public state agency with which he was previously employed. To the extent that the private employee may have confidential information relating to the contract and which he acquired as a public employee, he may not make use of it.

Advisory Opinion 100
Adopted – February 13, 1987
Subject- Campaign Finance
Requested by: Margrethe Ahlschwede, Candidate, for City Council
Summary: Upon dissolution of a campaign committee, residual campaign funds may be distributed to charitable institutions.

Advisory Opinion 101
Adopted – March 27, 1987
Subject- Conflict of Interest
Requested by: Calvin H. Gullion, Gage County Clerk
Summary: An elected County Clerk is not prohibited from accepting part-time work from the County as a manager of computer services. The duties and functions are separate, and they are performed at different times.

Advisory Opinion 102
Adopted – June 19, 1987
Subject- Conflict of Interest
Requested by: Joe E. Hanna, Secretary, Board of Education, Omaha School District.
Summary: Under Section 49-14,103.01 of the NPADA, a school board member with a less than 5% interest in a business does not have a prohibited interest in any contract between the school board and the business. However, where a school board member has a business association with an insurance company concerning annuities, a vote by the school board member to pay the amount designated by an employee will result in a commission to the school board member, and this constitutes a conflict. School board members may function as debate judge or referees in athletic contests even though the activity funds which are paid to them are partially subsidized by the school board.

Advisory Opinion 103
Adopted – June 19, 1987
Subject- Campaign Finance
Requested by: Kim Robak, Legal Counsel, Nebraska Democratic Party
Summary: Funds contractually received from a bankcard company by a political party, which stem from an “affinity group bankcard concept” do not constitute contributions from the company to the political party.

Advisory Opinion 104
Adopted – June 19, 1987
Subject- Campaign Finance
Requested by: The Honorable Bernice Labedz, State Senator
Summary: A public official may not solicit funds from a lobbyist, principal, or person acting on behalf of either. However, funds may be solicited to defray legal expenses from officers, directors, shareholders and employees of a corporate principal, but the funds must be from the individuals’ personal funds, not the corporate funds, and must be given solely based upon the discretion of the individual.

Advisory Opinion 105
Adopted – July 31, 1987
Subject- Campaign Finance
Requested by: The Honorable Rex Haberman, State Senator
Summary: Campaign funds may be used for the purchase of a camera so that pictures may be taken of the candidate speaking to service clubs and other groups.

Advisory Opinion 106
Adopted – October 30, 1987
Subject- Campaign Finance
Requested by: Dick Hargesheimer, Director of Research
Summary: Corporate contributions may be solicited for the purpose of defraying costs of a symposium for members of the Nebraska Legislature, where the corporations are not principals or lobbyists.

Advisory Opinion 107
Adopted – November 20, 1987
Subject- Campaign Finance
Requested by: Gerald D. Quick, Legislation Manager, Peoples Natural Gas.
Summary: A corporation labor union or industry trade or professional association, may not receive contributions unless it establishes and administers a separate segregated political fund which may be utilized only for the purpose of receiving voluntary contributions and making expenditures in the manner set forth in the NPADA. Nebraska law does not prohibit a Nebraska PAC from acting as an intermediary or collection agent for a PAC established under the laws of another state. (See AO #70)

Advisory Opinion 108
Adopted – January 15, 1988
Subject- Campaign Finance
Requested by: James R. Ritzman, President, Arjay Advertising
Summary: The provider or seller of advertising items to a candidate committee is not acting on behalf of the committee such that the provider or seller must disclose certain expenditures to said committee.

Advisory Opinion 109
Adopted – December 11, 1987
Subject- Campaign Finance
Requested by: John H. Albin for Nebraskans for Another Look, Inc
Summary: A corporation establishing a legal fund for purposes other than assistance of, opposition to, or the nomination of a candidate or qualification, passage or defeat of a ballot question, does not have reporting obligations under the campaign practice sections of the NPADA.

Advisory Opinion 110
Adopted – January 15, 1988
Subject- Conflict of Interest
Requested by: Keith Drury, District Manager, Lower Niobrara Natural Resources District
Summary: Occasional payments to spouses of NRD members are exempt from the filing of an Employment of Immediate Family Member Disclosure Statement where the aggregate compensation is less than $100, and the NRD votes to adopt such an exemption.

Advisory Opinion 111
Adopted – April 8, 1988
Subject- Conflict of Interest, Campaign Finance, Use of Public Resources
Requested by: Patricia C. Snyder, Executive Director, Nebraska Health Care Association
Summary: A separate segregated political fund maintained by a non-profit trade association may only accept contributions from employees, officers, directors or stockholders of the trade association, including non-profit members. Facilities which are part of the trade association but which are owned by the State or a political subdivision may not make contributions to said fund. However, facilities supported by taxes may contribute as long as public funds are not used. See also, AO # 68 ,82, 89 and 95.

Advisory Opinion 112
Adopted – April 8, 1988
Subject- Use of Public Resources
Requested by: Michael Nolan, City Administrator, City of Norfolk
Summary: The Mayor, City Manager, and City Council of Norfolk wish to express support for a ballot question. As public officials, they may not use public resources in doing so, such as calling a press conference, or arranging an interview for the purpose of supporting the ballot question, or, at public expense, sending out a copy of a city council resolution supporting the ballot question. However, the officials in question may pass a resolution in favor of the ballot question, answer questions from the press concerning it, make presentations to civic clubs advocating the passage of the ballot question, and actively support the ballot question as private citizens.

Advisory Opinion 113
Adopted – May 13, 1988
Subject- Campaign Finance; Use of Public Resources
Requested by: Gene D. Watson, General Counsel, Nebraska Public Power District and Stephen G. Olson, Attorney for Omaha Public Power District
Summary: Although public power district funds are public, statutory authority concerning public power districts permits some expenditure of funds with respect to a ballot question which would have a direct effect upon the business of the power district and a financial effect upon rate payers.

Advisory Opinion 114
Adopted – June 24, 1988
Subject- Conflict of Interest
Requested by: Tom Moser, General Manager, Lewis & Clark Natural Resources District.
Summary: A Director of an NRD may also have a position as a project operator of a special water improvement district. The requirements of Section 49-14,101(3) must be observed such that financial gain from the holding of the “dual role” must be consciously avoided.

Advisory Opinion 115
Adopted – June 24, 1988
Subject- Conflict of Interest
Requested by: Roger Christianson, Director, Nebraska Department of Economic Development
Summary: A Commissioner of the Nebraska Department of Economic Development is permitted to be a contract supplier to a beneficiary of a grant where the Commissioner has no decision-making role in the grant process and could not use his public office for personal financial gain.
Advisory Opinion 116
Adopted – August 5, 1988
Subject- Campaign Finance
Requested by: V.G. Beisch, Assistant Treasurer, AT&T PAC Nebraska
Summary: A separate segregated political fund may earn interest on unexpended funds, and the obligation to pay federal income tax upon the interest earned may not be impaired by state law.

Advisory Opinion 117
Adopted – December 2, 1988
Subject- Conflict of Interest
Requested by: Lori Paulsen, Compliance Specialist, Nebraska Department of Environmental Control
Summary: Under the particular facts of this case and despite a concern that there may be an “appearance of conflict,” a Compliance Specialist with the Nebraska Department of Environmental Quality may assist in training programs for Waste Water Facility Operators which will permit them to obtain a Waste Water Treatment Facility Operator’s Certificate. The employee in question has no decision over whether an applicant will receive a Certificate.

Advisory Opinion 118
Adopted – December 2, 1988
Subject- Campaign Finance
Requested by: The Honorable Jacklyn J. Smith, State Senator
Summary: The donation of $200 from a State Senator’s campaign funds to a 4-H Project is permissible.

Advisory Opinion 119
Adopted – January 13, 1989
Subject- Conflict of Interest
Requested by: The Honorable Spencer W. Morrissey, State Senator
Summary: A State Senator is not prohibited under the terms of the NPADA from holding employment as a State Legislative Director for a union where that position does not involve any lobbying and requires him to receive information on legislative activities and file reports on this activity with the union.

Advisory Opinion 120
Adopted – April 7, 1989
Subject- Conflict of Interest
Requested by: Joe E. Hanna, Secretary, Board of Education, Omaha School District
Summary: A school board member who personally owns a school bond of his own district, has a contract with his governing body. He must follow the terms of Section 49-14,103.01 of the NPADA, including abstention from voting on the payment of interest and principal on the particular bond issue, or from voting on issues involving refunding or calling the bond. However, the said school board member may participate or vote on matters relating to the services of the district’s financial adviser as well as questions relating to future bonds.

Advisory Opinion 121
Adopted – June 30, 1989
Subject- Conflict of Interest
Requested by: P.J. Morgan, Mayor, City of Omaha
Summary: A person assuming the office of Mayor of the City of Omaha is under no requirement under the terms of the NPADA to liquidate his assets or place them in a blind trust. The NPADA’s methods of resolving potential conflicts of interest should be followed.

Advisory Opinion 122
Adopted – August 25, 1989
Subject- Campaign Finance; Lobbying
Requested by: Larry Ruth, Attorney at Law
Summary: Certain features of a fundraising event for a Legal Defense Fund of a Nebraska State Senator comply with the NPADA where no contribution will be sought or accepted from lobbyists. The legal expenses, which are the subject of the fundraising effort are not associated with the Senator’s campaign nor her holding office. Advisory Opinion # 104, which analyzed and discussed the method by which contributions may be solicited and accepted with respect to a legal defense fund, will be followed. Records of contributions should be kept and required reports concerning the receipt of such contributions should be made, including reporting of contributions exceeding $100 on the recipient’s Statement of Financial Interests.

Advisory Opinion 123
Adopted – January 19, 1990
Subject- Campaign Finance
Requested by: Chrisite Schroff, for Lincoln Independent Business Association PAC
Summary: The funds of a separate segregated political fund of PAC may be used to hire a political intern whose research will assist in determining which candidates the PAC will support, since such use of funds is within the statutory purposes of the PAC.

Advisory Opinion 124
Adopted – March 2, 1990
Subject- Conflict of Interest
Requested by: Kerry P. Eagan, Deputy Lancaster County Attorney
Summary: A County Commissioner may also serve on the board of a non-profit which exists to raise funds for a county-supported institution. In the event that the Commissioner is required to make a decision which may cause financial benefit or detriment to the non-profit, the Commissioner should follow the NPADA procedure for potential conflicts of interest.

Advisory Opinion 125
Adopted –March 2, 1990
Subject- Conflict of Interest
Requested by: Daniel J. Hostler, Hall County Public Works Director
Summary: There is nothing within the NPADA which prohibits an individual currently serving as County Public Works Director for Hall County to run for, and, if elected, hold the part-time position of Hall County Surveyor. The duties of the two offices are distinct. To the extent that there is a conflict of interest based upon dual holding of the offices, the NPADA should be followed with respect to resolving any potential conflicts of interest.

Advisory Opinion 126
Adopted – August 3, 1990
Subject- Campaign Finance
Requested by: Karen Gehle, Executive Vice President, Nebraska Realtors Association
Summary: An issue mobilization committee (IMC) formed by an association may not receive contributions for the purpose of supporting or opposing the nomination or election of candidates for the purpose of supporting or opposing a ballot question unless it forms as a PAC.  An IMC which does not engage in these activities is not required to be a PAC.  PAC funds may not be used for the purpose of lobbying.

Advisory Opinion 127
Adopted – September 7, 1990
Subject- Campaign Finance; Use of Public Resources
Requested by: Thomas S. Johnston, Executive Director, Nebraska Technical Community College Association.
Summary: A government body may not use public funds for campaign activity.  A government body may use public funds to pay dues to a private association which sometimes engages in campaign activity as along as the dues are paid to carry out a lawful purpose and not for the purpose of supporting campaign activity.  Public funds lawfully paid out to a private association lose their identity as public funds.  A government body may not do through a third party that which it cannot do itself.  A government body paying out public funds knowing the funds will be used for campaign purposes subjects itself to challenge.

Advisory Opinion 128
Adopted – September 7, 1990
Subject- Campaign Finance; Use of Public Resources
Requested by: L. Lynn Rex, Assistant Director, League of Nebraska Municipalities
Summary: Public funds and resources may not be used to support or oppose the qualification, passage or defeat of a ballot question.  Public funds may be used to inform the electorate as long as fairness and neutrality are maintained.  The information must be presented in a balanced and factual manner which does not attempt to persuade the voter.  Public officials may support or oppose ballot questions as long as no public resources are used and they are not engaged in their official duties.  Public officials may respond to questions from the press or the public as to their opinion on of a ballot question.

Advisory Opinion 129
Adopted – October 19, 1990
Subject- Conflict of Interest; Use of Public Resources
Requested by: Larry Morris, Chief of Administration, Nebraska Game and Parks Commission
Summary: The Nebraska Game and Parks Commission may and should determine whether one of its employees residing in state-owned and furnished housing may conduct a business within the State premises so provided.

Advisory Opinion 130
Adopted – January 11, 1991
Subject- Conflict of Interest
Requested by: Terry R. Schaaf, Attorney At Law, Lincoln, Nebraska
Summary: The NPADA at Section 49-14,104, prohibits full-time Nebraska employees of the executive branch from representing clients before a governmental body. However, in this case, a part-time employee of the Nebraska Department of Health, is not prohibited from representing clients before the Nebraska Liquor Control Commission.

Advisory Opinion 131
Adopted – April 19, 1991
Subject- Conflict of Interest; Use of Public Resources
Requested by: Michael A. Shrier, Treasurer, Ben Nelson for Governor Committee
Summary: The Nebraska Governor’s Mansion may be used by the Governor for political fund-raising events, as long as state funds and state employees are not involved in such events.

Advisory Opinion 132
Adopted – April 19, 1991
Subject-  Use of Public Resources
Requested by: William M. Miller, Director, Division of Communications
Summary: A State agency may install a personally owned mobile telephone in a state vehicle, where said telephone will be used for State business.

Advisory Opinion 133
Adopted – April 19, 1991
Subject- Campaign Finance
Requested by: The Honorable Elroy M. Hefner, State Senator, District #19
Summary: We believe that Senator Hefner has shown a sufficient connection between the duties of his public office and the People to People study mission to the Soviet Union to justify the use of his campaign funds pursuant to Section 49-1446.01(1)(g) to pay for meals, lodging, and travel expenses associated with the study mission.

Advisory Opinion 134
Adopted – July 26, 1991
Subject- Conflict of Interest
Requested by: Kerry P. Egan, Deputy Lancaster County Attorney
Summary:  A county employee has a business association with a corporation when he or she serves on the governing body of that corporation even though he or she serves by virtue of his or her public office or position.

2)  The Nebraska Political Accountability and Disclosure Act does not prohibit a public official or public employee from serving on the governing board of a private, non-profit corporation which contracts with the political subdivision served by the public official or public employee.

Advisory Opinion 135
Adopted – December 6, 1991
Subject- Campaign Financing
Requested by: The Honorable Richard Peterson, State Senator, District #21
Summary: Campaign funds may not be used for litigation challenging the reapportionment of legislative districts.

Advisory Opinion 136
Adopted – December 6, 1991
Subject- Conflict of Interest
Requested by: Kerry P. Egan, Deputy Lancaster County Attorney
Summary:  A county commissioner who is in the process of obtaining a nursing home administrators license is not prohibited from completing the required administrator-in-training process at a nursing home owned and operated by the county.

Advisory Opinion 137
Adopted – January 17, 1992
Subject- Conflict of Interest
Requested by: Gary E. Lacey, Lancaster County Attorney
Summary: The county attorney would have a prohibited interest in any contract between the county and his spouse and in any contract between the county and the firm in which his spouse is a partner. This interest would render the contract voidable unless he disclosed on the record to the county board the nature and extent of his interest in the contract and refrained from providing legal advice to, or legal representation of, the county board in connection with the contract. He would also be required to refrain from using the power or influence of his public office in order to induce for his spouse or her firm favorable rulings or legal positions from his staff.

Advisory Opinion 138
Adopted – May 29, 1992
Subject- Campaign Finance
Requested by: Mary Rose Jennison, Treasurer, National Rifle Association Political Victory Fund, Institute for Legislative Action.
Summary:  The National Rifle Association’s lobbying activity in Nebraska constitutes doing business in the State.  It is therefore subject to the requirement of the Nebraska Political Accountability and Disclosure Act requiring the reporting of corporate political contributions.

Advisory Opinion 139
Adopted – July 2, 1992
Subject- Conflict of Interest
Requested by: Dorothy Barlean, Member, Board of Directors Butler County Rural Public Power District
Summary: A director of a public power district may not accept salary plus benefits if the total is more than the statutory maximum compensation permitted by section 70-624.02. A director of a public power district may not accept health insurance benefits from the district regardless of the value of the benefits. A public power district director may participate in insurance plans for which he or she is eligible as long as the plan is not established or contracted for by the district. He or she may have the district withhold portions or his or her salary for the purpose of paying for the premium.

Advisory Opinion 140
Adopted – August 13, 1993
Subject- Lobbying
Requested by: The Honorable Stan Schellpeper, State Senator, District #18
Summary: A state senator may not accept an honorarium from a principal or a lobbyist of more than $50 unless consideration of equal or greater value is given therefor. A state senator may not accept transportation out of state or lodging with a value of more than $50 from a principal or lobbyist unless the state senator gives consideration of equal or greater value. The participation of a state senator in a program in connection with the transportation or lodging, as opposed to mere attendance, constitutes consideration of equal value. Food and drink for immediate consumption and occasional transportation around the State of Nebraska may be provided by a principal or lobbyist to a state senator. A state senator may accept honoraria, food, lodging, and travel from persons or entities which are not principals, lobbyists, or acting on behalf of either.

Advisory Opinion 141
Adopted – November 5, 1993
Subject- Campaign Finance
Requested by: Patricia A. Theno, Manager/Public Affairs, U. S. West Communications Inc.
Summary: The combined PAC plan as proposed does not meet the requirements of the Nebraska Political Accountability and Disclosure Act because the allocation between the state and federal PAC is not made by the contributor and because the Nebraska portion is not immediately placed in the designated official depository of the Nebraska PAC.

Advisory Opinion 142
Adopted – November 5, 1993
Subject- Conflict of Interest
Requested by: Eugene Cerny, Superintendent, Madison Public Schools
Summary: A school board member may be employed as a substitute bus driver by the school district if he or she follows the proper procedures set forth in §49-14,103.01. The board member must avoid using his or her influence and power as a school board member in order to secure personal financial gain. As a matter of general advice, a public official seeking to hold two public positions at once should review any statutes pertaining to either of those position. Chapter 79 of the State

Advisory Opinion 143
Adopted – April 22, 1994
Subject- Campaign Finance
Requested by: Michael Nolan, Norfolk City Administrator
Summary: The City of Norfolk may engage in an information program regarding a question to appear on the ballot as long as fairness and neutrality are maintained. The information must be presented in a balanced, factual manner and not advocate or oppose the ballot question or attempt to persuade the voters.

Advisory Opinion 144
Adopted – April 22, 1994
Subject- Conflict of Interest
Requested by:  Thomas Mumgaard, Assistant City Attorney, on behalf of Omaha City Council Member Frank Christensen
Summary: A city council member with an interest in a corporation holding a liquor license does not have a potential conflict of interest as to all matters coming before the city council which involve liquor licenses or the holders of liquor licenses. The council member only has a conflict of interest if the matter before the city council could result in a financial benefit or detriment to the corporation. The benefit or detriment must be distinguishable from the effects of the action or decision on the general public or a broad segment of it. Under such circumstances the city council member must file a written statement with the Commission describing the specific matter before the city council.

Advisory Opinion 145
Adopted – July 8, 1994
Subject- Campaign Finance
Requested by: C. Matthew Samuelson, Thurston County Attorney, on behalf of Harold Obermeyer, Thurston County Sheriff
Summary: A county sheriff, while not subject to the provisions of Section 20-160, is subject to the provisions of Section 49-14,101(4) and is therefore prohibited from engaging in overt and deliberate campaign activities while in uniform. The sheriff may use photos of himself in uniform for campaign literature and may respond to questions or inquiries from the public, even if campaign related in nature, while in uniform and on duty.

Advisory Opinion 146
Adopted – July 8, 1994
Subject- Campaign Finance
Requested by: The Honorable Eric Will, State Senator, District #8
Summary: A state senator may use campaign funds to hire a person to assist with the preparation of a social event for campaign workers and constituents to be held at the senator's home. A state senator may expend campaign funds to hire an individual to clean his home following a social event for campaign workers and constituents. Finally, a state senator may expend campaign funds to hire an individual to assist with the cleaning of his home in advance of a social event for campaign workers and constituents if the surrounding circumstances indicate that the cleaning is truly connected with the social event and not primarily personal in nature.

Advisory Opinion 147
Adopted – July 8, 1994
Subject- Conflict of Interest
Requested by: Michael P. Manly on behalf of the Nebraska Association of County Officials
Summary: A door prize awarded to a county official attending a convention at county expense is the property of the county official and not the county. Under these circumstances the door prize is a gift. A county official who is required to file annual Statements of Financial Interests must show the door prize on his or her Statement of Financial Interests if the door prize has a value of more than $100. The provisions of Section 49-1490 do not apply to county officials.

Advisory Opinion 148
Adopted – August 19, 1994
Subject- Conflict of Interest
Requested by: Bruce T. Rowe, Director of the Bureau of Family Health Services, Nebraska Department of Health
Summary: To the extent that it assists the Nutrition Division of the Nebraska Department of Health in carrying out its duties, the Director of the Division may make occasional use of state computers on behalf of the Lincoln Dietetic Association. However, the approval of the immediate supervisor or the governing body is required.

Advisory Opinion 149
Adopted – August 19, 1994
Subject- Campaign Finance
Requested by: The Honorable M. L. Dierks, State Senator, District #40
Summary: A state senator may use campaign funds to install a separate telephone line in his home if the purpose of the line is to make and receive campaign calls and constituent calls.

Advisory Opinion 150
Adopted –August 19, 1994
Subject- Conflict of Interest
Requested by: Frank C. Lloyd, Assistant Commissioner and Director of the Vocational and Rehabilitation Division of the Nebraska Department of Education
Summary: A state employee may engage in consultation and speaking activities outside of his or her state employment if these activities are not activities which relate to his or her duties of state employment. State personnel, resources, property, or funds may not be used in connection with outside consultation and speaking activities.

Advisory Opinion 151
Adopted – November 18, 1994
Subject- Conflict of Interest
Requested by: Dean Skokan, Fremont City Attorney on behalf of Fremont City Council Member Diane Johnson
Summary: A city council member whose spouse manages a liquor store may vote on matters coming before the city council pertaining to liquor license holders in general or applications for special permits by the employer of the spouse as long as the spouse has no connection with the business other than as a salary or wage earner. The council member should not vote upon the matter of the renewal or non-renewal of the liquor license of the spouse's employer.

Advisory Opinion 152
Adopted – January 5, 1995
Subject- Campaign Finance
Requested by: Rosalie Shepherd, State Director, United We Stand America - Nebraska
Summary: The brochure in question opposes the nomination or election of certain candidates. The cost of the brochure, therefore, is an expenditure which does not fall within any of the exceptions to the term expenditure. The expenditure must be reported by United We Stand America - Nebraska in accordance with the provisions of the Nebraska Political Accountability and Disclosure Act.

Advisory Opinion 153
Adopted – January 6, 1995
Subject- Conflict of Interest
Requested by: James E. Papik, Attorney for Butler County Rural Public Power District
Summary:

Advisory Opinion 154
Adopted – February 2, 1995
Subject- Conflict of Interest
Requested by: Mark B. Horton, M.D., M.S.P.H., Director of the Nebraska Department of Health
Summary:

Advisory Opinion 155
Adopted – February 10, 1995
Subject- Conflict of Interest
Requested by: Kerry P. Eagan, Chief Administrative Officer of Lancaster County, on behalf of Linda Steinman, Lancaster County Commissioner
Summary: There is nothing in the Nebraska Political Accountability and Disclosure Act which prohibits a county commissioner from serving on the governing board of an entity which does business with the county. However, in matters involving contracts between the county and the entity, the provisions of §49-14,103.01 apply. In noncontractual matters between the county and the entity in which there is a possibility of a financial benefit or detriment to the entity, the provisions of §49-1499 apply.

Advisory Opinion 156
Adopted – March 24, 1996
Subject- Conflict of Interest
Requested by: Arlene Thietje, Purchasing Agent, City of Norfolk
Summary: A municipality has those powers expressly granted, necessarily or fairly implied, or essential to the declared purposes of the municipality. It is permissible for a municipality to expend public funds for an open house of municipal facilities or for informational or educational events regarding a municipal function. The Nebraska Accountability and Disclosure Commission will not take exception to expenditures of public funds reasonably connected with such events as long as there is no special benefit to public officials or public employees and the funds are not being used to support or oppose a candidate or ballot question.

Advisory Opinion 157
Adopted – March 24, 1995
Subject- Lobbying
Requested by: The Honorable Ed Schrock, State Senator, District #38
Summary: Nebraska state senators may not accept scholarships in amounts of more than $50 from the ALEC Nebraska Scholarship Account. Funds contributed to the Nebraska Scholarship Account are earmarked for use by Nebraska state senators and the gift limitation found in §49-1490 may be exceeded.

Advisory Opinion 158
Adopted – March 24, 1995
Subject- Campaign Finance
Requested by: Thomas DuBose, National Chairman, Transportation Political Education League
Summary: A Nebraska separate segregated political fund or PAC may not accept a check from its collecting agent unless it also receives the name of each contributor, the address of each contributor, the date of the contribution, and the amount of the contribution.

Advisory Opinion 159
Adopted – March 24, 1995
Subject- Lobbying
Requested by: Senators Tim Hall, Joyce Hillman, and Ron Withem, and Clerk of the Legislature Patrick O'Donnell
Summary:

Advisory Opinion 160
Adopted – June 16, 1995
Subject- Campaign Finance
Requested by: Judy Monaghan, Lobbyist for Scientific Games, Inc.
Summary: A lobbyist whose principal is a lottery contractor may make a contribution to a candidate for state elective office as long as the lobbyist is not an officer of the lottery contractor or acting on behalf of the lottery contractor, an officer of the lottery contractor, or a separate segregated political fund established and administered by the lottery contractor. A lottery contractor, an officer of a lottery contractor, or a separate segregated political fund established and administered by a lottery contractor may not make a contribution to a Nebraska political party for the purpose of supporting or opposing a candidate for state elective office. Therefore, the Commission strongly recommends that a contribution to a Nebraska political party committee be earmarked in such a way that it will not be used to support or oppose candidates for state elective office.

Advisory Opinion 161
Adopted – June 16, 1995
Subject- Conflict of Interest
Requested by: Ellen Totzke, Hall County Attorney
Summary: County personnel, resources, property, or funds may be used for county purposes only. They may not be used for the personal financial gain of a deputy public defender except that compensation which is provided by law. Thus, county resources should not be used in connection with a private client of a deputy public defender in Hall County. A deputy public defender may appear in court on behalf of a private client as long as it does not interfere with his or her official duties and as long as vacation leave is taken if the activity results in less than a full work week. County telephones are to be used for county business. They may be used for occasional personal matters if the appropriate county official or the county board believes that such use ultimately facilitates county business. Use of county telephones for the purpose of conducting a private business for money or in connection with political party activities is prohibited.

Advisory Opinion 162
Adopted – September 8, 1995
Subject- Conflict of Interest
Requested by: Daniel L. Lindstrom of the Community Redevelopment Authority for the City of Kearney
Summary: Members of a community redevelopment authority are public officials as defined in §49-1443. A community redevelopment authority is a separate political subdivision and its board members are not subject to the provisions of §49-14,103.01. Sections 18-2102.01(4), 18-2106, and 49-14,102 are in pari materia and should be construed together.

Advisory Opinion 163
Adopted – September 8, 1995
Subject- Conflict of Interest
Requested by: Gerard A. Piccolo, Hall County Public Defender
Summary: A county board may permit deputy public defenders not subject to §23-3401 to use county resources in connection with the private practice of law as long as the permitted use is part of the compensation package which is properly reported to the appropriate taxing authorities.

Advisory Opinion 164
Adopted – December 1, 1995
Subject- Campaign Finance
Requested by: Spencer W. Morrissey and the Morrissey for Legislature Committee
Summary: Campaign funds may be used to purchase a computer and a desk as long as they are purchased for the purpose of running the campaign; that is, supporting the nomination or election of the candidate.

Advisory Opinion 165
Adopted – February 23, 1996
Subject- Conflict of Interest
Requested by: Amy Hollenbeck, Assistant Attorney General
Summary: An assistant attorney general may not enter into a contract for the possible production of a movie based upon a case which she prosecuted since to do so would constitute a use of public office for personal financial gain in violation of §49-14,101(3).

Advisory Opinion 166
Adopted – June 28, 1996
Subject- Conflicts of Interest
Requested by: Richard A. Douglas, Attorney for Western Community College Area
Summary: A public employee serving in his or her official capacity as a member of a non-public body may engage in activities in conjunction with the body's promotion or opposition of matters before the Nebraska Legislature. He or she may also participate in a vote on a resolution by the non-public body expressing support of or opposition to the qualification, passage, or defeat of a ballot question.

Advisory Opinion 167
Adopted – September 6, 1996
Subject- Conflicts of Interest
Requested by: James S. Jansen, Douglas County Attorney
Summary: The county attorney has a potential conflict of interest in the litigation involving a retirement fund in which he has an interest. He should not, therefore, represent the defendants in the suit. The Nebraska Accountability and Disclosure Act does not absolutely bar the deputy county attorneys from providing representation to the defendants in the suit. However, advice given or action taken by the deputy county attorneys in connection with the suit could constitute evidence of a violation of §49-14,101(3) because of their interest in the retirement fund.

Advisory Opinion 168
Adopted – November 1, 1996
Subject- Conflicts of Interest
Requested by: Anthony F. Raimondo, Chairman, Nebraska Economic Development Commission
Summary: A member of the Economic Development Commission does not have a conflict of interest if a business with which he is associated applies for a Customized Job Training Grant from the Department of Economic Development because he is not faced with taking an official action or making an official decision in connection with the application. The member may not have an interest in a contract with the Department of Economic Development unless the contract is awarded through an open and public process.

Advisory Opinion 169
Adopted – December 13, 1996
Subject- Conflict of Interest
Requested by: Maxine B. Moul, Director, Nebraska Department of Economic Development
Summary: The procedure proposed for use by the Department of Economic Development when a public official or public employee has an interest in a contractual grant from the Department is an open and public process in that it provides for public notice in advance of the award, the opportunity to comment on making the award, and the opportunity to review the grant application, the DED staff recommendations, and the terms of the proposed award.

Advisory Opinion 170
Adopted – January 24, 1997
Subject- Conflict of Interest
Requested by: Christopher Hoy, Director of Special Projects, Nebraska Department of Economic Development
Summary: A state employee or official may engage in private consultation outside the State of Nebraska. State personnel, property, resources or funds may not be used in connection with the private consulting business. Confidential information received through the holding of a public position should not be used. A web site may be established subject to the same restrictions.

Advisory Opinion 171
Adopted – April 18, 1997
Subject- Conflict of Interest
Requested by: Janet Drudik, Vocational Rehabilitation Counselor Director, Nebraska Department of Education
Summary: An employee of the Nebraska Department of Education may, in her private capacity and on her own time, do vocational assessments of individuals who will not receive this service through the department. State resources should not be used in connection with these private vocational assessments. Confidential information received through the holding of a public position should not be used.

Advisory Opinion 172
Adopted – April 18, 1997
Subject- Conflict of Interest
Requested by: Louise A. Weyer, Training Specialist, Nebraska Public Employees Retirement Systems
Summary: A state employee who, as part of her official duties, conducts preretirement seminars for participants in the retirement systems administered by the state, may conduct preretirement seminars on her own time for individuals who are not participants in these systems. State resources should not be used in connection with private seminars. Confidential information received through the holding of a public position should not be used.

Advisory Opinion 173
Adopted – April 18, 1997
Subject- Conflict of Interest
Requested by: Carol J. Iverson, School and Adolescent Health Consultant, Nebraska Health and Human Services
Summary: A state employee, who holds the position of School and Adolescent Health Nursing Coordinator may contract with a national organization to develop and teach on her own time a course for school nurses on appropriate assessment of school age youth as to their cardio-vascular status. Public resources should not be used except on the same basis that these resources may be used by any member of the public. Confidential information received through the holding of a public position should not be used.

Advisory Opinion 174
Adopted – June 6, 1997
Subject- Conflicts of Interest
Requested by: Darrold Lammers, Electric Superintendent, South Sioux City, Nebraska
Summary: A city employee who serves as the manager or superintendent of the city electric distribution system may privately sell products designed to protect electronics equipment from electrical surges. All sales activity must occur on the employee's own time and not on city time or when the employee is engaged in city duties. City resources may not be used in connection with this private business activity. Confidential information received through the holding of the public position should not be used.

Advisory Opinion 175
Adopted – June 6, 1997
Subject- Conflict of Interest
Requested by: Lynn Folcik, Child Protective Service Supervisor, Nebraska Health and Human Services
Summary: An employee of Nebraska Health and Human Services does not have a conflict of interest merely because she also serves as a member of a mental health board. She should engage in mental health duties only on her own time and not on state time or when otherwise engaged in her state duties. It is not for the Commission to determine if an outside professional activity of a state employee is incompatible with her state employment.

Advisory Opinion 176
Adopted – July 18, 1997
Subject- Conflict of Interest
Requested by: Beth E. Mares, Saline County Commissioner and Tad D. Eickman, Saline County Attorney
Summary: A county commissioner may participate in hiring decisions for a public position even if her spouse is an applicant as long as there is a reasonable solicitation and consideration of applications and the required disclosure is made. The county commissioner may participate in decisions as to the duties and salary range of the position only if the decisions are made prior to a hiring decision or if her spouse is not the individual hired.

Advisory Opinion 177
Adopted – July 18, 1997
Subject- Conflict of Interest
Requested by: Tim O'Neill, Attorney, on behalf of Jerry Prange, LaVern Goens, and J & L Consulting, Inc.
Summary: It is permissible under the Nebraska Political Accountability and Disclosure Act for a corporation to enter into a contract with a state agency even if two employees of that agency have a business association with the corporation. However, the requirements of §49-14,102 must be met. That is, the contract must be entered into through an open and public process. If the employees do not in any way represent either party to the transaction, §49-14,102 does not apply. Section 49-14,101(3) prohibits a public employee from using his or her public office or confidential information received through the holding of a public office for personal financial gain, that of an immediate family member, or a business with which the individual is associated.

Advisory Opinion 178
Adopted – December 19, 1997
Subject- Campaign Finance
Requested by: Greg Vasek, Treasurer, The Breslow Committee
Summary: A candidate committee may solicit and receive campaign contributions via the Internet provided the process used by the committee permits it to secure the information it needs to fulfill its record keeping and reporting requirements under the Nebraska Political Accountability and Disclosure Act. Websites established by candidate committees must comply with the disclaimer law for printed materials.
Advisory Opinion 179
Adopted – April 17, 1998
Subject- Conflict of Interest
Requested by: Con Bernbeck, Stanton County Commissioner
Summary: A county commissioner who, in his private capacity, rents grain storage space to a feeder pig operation and whose storage facilities are normally at capacity, does not have a potential conflict of interest if the feeder pig operation applies to the county board for a conditional use permit to increase the number of pigs which can be fed. A county commissioner whose privately owned scale is occasionally used by the feeder pig operation to weigh grain does not have a conflict of interest in the matter of the application for a conditional use permit when the increased use of the scale as the result of an increase in the number of pigs is speculative or uncertain.

Advisory Opinion 180
Adopted – March 1999
Subject- Conflict of Interest
Requested by: Carolyn Johnsen, Reporter and Producer, Nebraska Public Radio
Summary: A reporter may not use the materials of the Nebraska Educational Telecommunication Commission for the private venture of writing a book if those materials are confidential or otherwise unavailable to the public.

Advisory Opinion 181
Adopted – March 1999
Subject- Conflict of Interest
Requested by: Mary Ann Borgeson, Douglas County Board of Commissioners
Summary: A county board member who serves by virtue of that position as a member of a mental health region board and a county hospital board of trustees does not have a conflict of interest as to matters coming before any of those governing bodies involving her employer if mere employment is her only connection with the matter. Nothing in the NPADA would prohibit her from serving as the chair of the hospital board of trustees. It is not a conflict of interest to simultaneously serve as a county board member and the Policy Secretary for the Nebraska Department of Health and Human Services. The NPADA does not address the concept of dual office holding.

Advisory Opinion 182
Adopted – March 2000
Subject- Conflict of Interest
Requested by: Janet L. Killiam, Field Representative, Nebraska Commission for the Deaf and Hard of Hearing
Summary: An employee of the Nebraska Commission for the Deaf and Hard of Hearing may operate a private business which sells devices to individuals who are hearing impaired.  She may not conduct private business while engaged in the duties of her public position.  She may not use confidential information for the benefit of her business.  She may not use state resources in connection with her business.

Advisory Opinion 183
Adopted – March 2000
Subject- Conflict of Interest
Requested by: Carolyn Johnsen, Reporter and Producer, Nebraska Public Radio
Summary: A reporter may use the broadcast materials of the Nebraska Educational Telecommunication Commission for the private venture of writing a book if the broadcast materials are used on the same basis as any member of the public.

Advisory Opinion 184
Adopted – January 2001
Subject- Campaign Finance
Requested by: Randall Ritnour, treasurer, Defense of Marriage Amendment (DOMA) Committee
Summary: (1) A ballot question committee may use campaign funds for the purpose of litigation in support of a ballot question only to extent that the litigation relates to the qualification, passage, or defeat of the ballot question.  (2) A ballot question committee may use campaign funds for the purpose of engaging in public debate in support of or opposition to a ballot question only until the question has been decided by popular vote.

Advisory Opinion 185
Adopted – January 2002
Subject- Campaign Finance
Requested by: Vicki Powell, Campaign Manager, Johanns for Governor Committee Summary: (1) A governor candidate committee may pay the expenses of a potential lieutenant governor candidate at any time during the course of the gubernatorial campaign, given the fact that the lieutenant governor candidate is a member of the campaign team, and is both precluded by law from establishing a separate campaign committee, and required by law to be included in the candidate committee with the candidate for governor of the same political party.  The governor candidate selects his or her choice of candidate for lieutenant governor, and there is no preclusion in the law preventing a governor candidate from selecting a potential running mate prior to the outcome of the primary election, and prior to said lieutenant governor candidate becoming an official ballot candidate based on the outcome of the primary election, and the subsequent filing of the affidavit and consent with the Secretary of State some time prior to September 1 of the election year.
(2) Any campaign expense qualifying as an expenditure that assists or influences the nomination or election of either or both the candidate for governor and the candidate for lieutenant governor of a governor candidate committee of the same political party is a legitimate and permissible campaign expenditure.  Campaign funds may be used to pay any non-prohibited, campaign-related expense, including expenses incurred by any campaign officer, staff person, or volunteer, as well as those of the candidate(s) themselves.

Advisory Opinion 186
Adopted – September 2002
Subject- Campaign Finance
Requested by: Pamela A. Redfield, State Senator, District 12
Summary: We therefore find that a member of the Legislature may use public resources to produce a weekly newsletter sent out to constituents and newspapers by either electronic, postal, or other mail means when the subject of the newsletter is a ballot question whether the newsletter is informational and fact-based only, or whether it is used to express and communicate the member’s opinion regarding the ballot question.  A member of the Legislature may not utilize a newsletter or other mass mailing or mass communication at public expense for the purpose of advocating qualification and support of, or opposition to, a ballot question.

Advisory Opinion 187
Adopted – April 11, 2003
Subject- Conflict of Interest
Requested by: Douglas D. Christensen, Commissioner, Nebraska Department of Education
Summary: The Education Commissioner may serve on the board of a private corporation which contracts with the Department of Education, provided any such contract valued at $2,000 or more in any one year is awarded through an open and public process as required by Section 49-14,102.  The provisions of Section 49-1499.02 must be followed in the case of any action or decision by the Commissioner which could cause a financial benefit or detriment to the private corporation.  In accordance with Section 49-14,101.01, the Commissioner may not use his public office, any confidential information received through the holding of his public office, or any public resources for the financial gain of the private corporation. 

Advisory Opinion 188
Adopted – March 2004
Subject- Conflict of Interest
Requested by: Glenn D. Johnson, Joint Antelope Valley Authority and Barbara Morley, Lower Platte South Natural Resources District
Summary: A member of the board of directors of a Natural Resources District does not have an interest in a contract with the NRD if the member sells land to a separate legal entity created pursuant to the Interlocal Cooperation Act, even if the NRD is part of the agreement which created the Interlocal entity.

Advisory Opinion 189
Adopted – August 2004
Subject- Campaign Finance
Requested by: Jim Jensen, State Senator, District 20
Summary: A member of the Legislature may use public resources and personnel to produce an editorial expressing his or her opinion as to a ballot question.  The editorial may be emailed to all other members of the Legislature using the legislative email system.  The editorial may be emailed via the legislative email system to sixty to ninety newspapers in Nebraska.

Advisory Opinion 190
Adopted – September 2004
Subject- Conflict of Interest
Requested by: Dale Dvorak and Ray Branstiter, Nebraska Department of Roads.
Summary: An employee of the Nebraska Department of Roads may submit a bid on a contract with the Department.  The NDOR may award a contract to one of its employees as long as the contract is entered into through an open and public process which includes prior public notice and subsequent availability for public inspection of the proposals considered and the contract awarded.  The employee must complete the contract on his own time and using his own equipment.  No state resources may be used.

Advisory Opinion 191
Adopted – October 2004
Subject- Campaign Finance
Requested by: L. Steven Grasz on behalf of Lorelee Byrd
Summary: A candidate committee may not use campaign funds to pay legal expenses unless the use of the funds is an expenditure as defined in §49-1419.  That is, the expenditure is in assistance of the nomination or election of a candidate.  It is the candidate committee which must establish that the use of campaign funds to pay legal expenses qualifies as an expenditure.

Advisory Opinion 192
Adopted – March 2005
Subject- Campaign Finance
Requested by: State Senator Pam Redfield
Summary: A member of the Legislature who cannot seek reelection to the Legislature because of term limits is not required to file affidavits pursuant to the Campaign Finance Limitation Act unless he or she is a candidate for a different covered elective office.

Advisory Opinion 193
Adopted- March 23, 2007
Subject- Conflicts of Interest
Requested by: State Treasurer Shane Osborn
Summary: The NPADA does not prohibit the Nebraska State Treasurer from engaging in outside business activity. State resources should not be used in connection with this outside activity. Confidential information received through the holding of a state elective office should not be used in connection with outside business activity.

Advisory Opinion 194
Adopted- March 23, 2007
Subject- Conflicts of Interest
Requested by: Willis Roethemeyer, Lincoln County Commissioner
Summary: A county commissioner who is also a developer does not have a conflict of interest as to a proposed zoning regulation amendment because under the circumstances there is no reasonably foreseeable financial benefit or detriment to the commissioner.  Any financial benefit or detriment is contingent, speculative or uncertain.

Advisory Opinion 195
Adopted- October 12, 2007
Subject- Campaign Finance
Requested by: Bill Avery, State Senator, District 28
Summary: The funds of a candidate committee of a State Senator may be used to establish a legislative website which will not be used for campaigning or campaign purposes. Legislative staff may participate in maintaining the content of the website and responding to constituents and others communicating through the website.

Advisory Opinion 196
Adopted- March 14, 2008
Subject- Campaign Finance/Major Out of State Contributions
Requested by: Diane Schachterle, Director of Policy Planning, American Civil Rights Coalition
Summary: Donations to American Civil Rights Coalition are contributions. Contributions to American Civil Rights Coalition of more than $250 must be disclosed on its Out-of-State Contribution Reports.

Advisory Opinion 197
Adopted- March 14, 2008
Subject- Lobbying/Donations to underwrite an event
Requested by: Mike Flood, Speaker of the Legislature and DiAnna Schimek, State Senator
Summary: A Nebraska lobbyist or a Nebraska Principal which makes a donation to a national organization, of which the State of Nebraska is a member, to assist in underwriting an event at which a small percentage of the attendees will be members of the Nebraska Legislature is not making a reportable lobbying expenditure.

Advisory Opinion 198
Adopted:  August 20, 2009
Subject: Conflicts of Interest/Supervising a Family Member
Requested By: Sue Larson, Human Resources Administrator, Nebraska Department of Roads
Summary: If the Department of Roads promotes the employee to Highway Maintenance Supervisor and he is a supervisor of his son-in-law, the employee must notify the Director of the Department of Roads in writing of this situation within seven days.  He may continue to function in the new position pending action of the agency director.  Upon a written showing of good cause, the agency director may waive the prohibition against supervising a family member.  The agency director should file a copy of the employee’s written statement, a copy of the showing of good cause, and a copy of his decision to waive the restriction with the Commission.  The Commission will maintain these documents as public records.

Advisory Opinion 199
Adopted: March 12, 2010
Subject: Conflicts of Interest/ Use of public personnel, resources, property or funds.
Requested by: Thomas O. Mumgaard, Deputy Omaha City Attorney, on behalf of the Omaha City Council
Summary. Omaha Firefighters may not, under the terms of Section 49,101.01(2), use on duty time, paid for with taxpayer funds, to engage in a campaign to raise funds for the Muscular Dystrophy Association, which is a private, charitable corporation.

Advisory Opinion 200
Adopted: August 26, 2011
Subject: Conflicts of Interests/Gifts
Requested by:  Duane Acklie
Summary: The proposed Nebraska’s First Spouse’s Fund relates to proposed expenses of the Governor’s Spouse. This Fund, as proposed, is consistent with the provisions of the NPADA.

Advisory Opinion 201
Adopted: June 12, 2015
Subject: Lobbying
Requested by: Paul E. Sullivan, Council of State Governments Justice Center
Summary: Seeking and procuring consulting contracts with the executive branch of state government, the judicial branch of state government or with political subdivisions of the state does not constitute lobbying and does not require the registration of a lobbyist.

Advisory Opinion 202
Adopted: June 9, 2017
Subject: Conflicts of Interest/Financial Gain/Compensation provided by law
Requested by: Larry Dix, Executive Director, Nebraska Association of County Officials
Summary: County board members may vote for themselves for the position of chairman of the county board even if the chairmanship has a higher salary. There is no “financial gain” and no conflict of interest involved in such a vote where the enhanced compensation for the chairmanship is compensation provided by law.

Advisory Opinion 203
Adopted: September 11, 2017
Subject: Conflicts of Interest/Use of public funds to pay expenses/Meaning and consequences of business association
Requested by: James B. Gessford, Attorney for Lincoln Public Schools
Summary: A school board member who submits expenses for reimbursement may not vote on his/her own reimbursement because of a direct financial interest in that vote. A school board member who is also a board member of officer of the Nebraska Association of School Board has a business association with the NASB and may not vote on questions of financial gain or detriment to NASB.

Advisory Opinion 204
Adopted: March 9, 2018
Subject: Conflicts of interest; County Officials; Adoption of Budgets; Meaning of Business Association
Requested by: Larry Dix, Executive Director of the Nebraska Association of County Officials
Summary: A county board member who serves on the board of directors of the Nebraska Association of County Officials may vote to approve an annual county budget which includes a general appropriation for dues and subscriptions. A county board member who serves on the board of directors of the Nebraska Association of County Officials must abstain from participating or voting on a motion for the county to make dues or other payments to the association.

Advisory Opinion 205
Adopted: September 13, 2019
Subject: Conflicts of interest
Requested by: Michael C. Klein, Attorney representing Central Nebraska Public Power and Irrigation District
Summary: Board Members who have present or prospective leases with the District may not participate in discussions and voting on standard form leases. Board Members who have present or prospective water service agreements with the District may not participate in discussions and voting on standard form water service agreements.