REQUESTED BY: Ellen Totzke, Hall County Attorney.

QUESTION: May a deputy public defender use certain county resources in connection with a private practice of law?

CONCLUSION

See analysis.

FACTS

Hall County is considering the enactment of personnel policies applicable to deputy public defenders who also engage in the private practice of law. The deputies are considered full-time employees and are required to work 37.5 hours per week. As a practical matter, they often work more then this number of hours per week.

REQUESTED BY: Judy Monaghan, Lobbyist for Scientific Games, Inc.

QUESTION: 1) Does the Nebraska Political Accountability and Disclosure Act prohibit a Lobbyist for a lottery contractor from making a contribution to a candidate for state elective office? 2) Is a lottery contractor prohibited from making a contribution to a political party?

CONCLUSION

See analysis.

FACTS

REQUESTED BY: Senators Tim Hall, Joyce Hillman, and Ron Withem, and Clerk of the Legislature Patrick O'Donnell.

QUESTION: May state senators and legislative staff engage in activities, including solicitation of funds in connection with hosting a legislative conference?

CONCLUSION

See analysis.

FACTS

REQUESTED BY: G. Thomas DuBose, National Chairman, Transportation Political Education League.

QUESTION: May a PAC accept and deposit a check from its collecting agent prior to the time it receives from the collecting agent all required information regarding the contributors?

CONCLUSION

No.

FACTS

REQUESTED BY: The Honorable Ed Schrock, State Senator, District #38.

QUESTION: May a Nebraska state senator accept reimbursement for travel expenses from the Nebraska Account Scholarship Fund of the American Legislative Exchange Council (ALEC)?

CONCLUSION

See analysis.

FACTS

REQUESTED BY: Arlene Thietje, Purchasing Agent, City of Norfolk

QUESTION: May the City of Norfolk make certain expenditures of municipal funds in connection with an open house?

CONCLUSION

Yes

FACTS

REQUESTED BY: Kerry P. Eagan, Chief Administrative Officer of Lancaster County, on behalf of Linda Steinman, Lancaster County Commissioner

QUESTION: (1) Does the Nebraska Political Accountability and Disclosure Act prohibit an elected county official from serving on the governing body of an outside entity which has a contractual arrangement with the county?

Conclusion

No.

FACTS

QUESTION: (1) Does a state employee's service as an officer of a nonprofit organization constitute a "business association" even when that service is by virtue of his public position? 2) Are there circumstances in which the provisions of §49-1499 and §49-14,102 both apply? 3) Do the described circumstances constitute an open and public process as contemplated by §49-14,102? 4) Do the described circumstances constitute an "action" or "decision" by a state employee as contemplated by §49-1499?

CONCLUSION

QUESTION: May a public power district use public funds to pay a claim for compensation which is made as the result of legislation enacted subsequent to the time from which the claim arises?

CONCLUSION

Yes.

FACTS

Prior to 1993 §70-624.02 of the state statutes provided as follows with reference to public power districts:

REQUESTED BY: Rosalie Shepherd, State Director, United We Stand America - Nebraska.

QUESTION: Does the language in a brochure constitute support of or opposition to a candidate such that it is an expenditure?

CONCLUSION

Yes.

FACTS

United We Stand Nebraska (UWSA - NE) is the Nebraska Chapter of United We Stand America (UWSA). UWSA describes itself as a grassroots movement focused on economic and government reform at the federal, state, and local levels of government. Included within UWSA's self description is the following: