REQUESTED BY: David L. Kimble on behalf of the Utica Village Board

QUESTION: 1. Under LB548, does an officer whose only interest in a prospective project is that of an employee to a potential bidder have an interest sufficient to invoke the disclosure requirements?

2. Assuming that three members of the five member board are required to disclose and not participate, may those three board members vote anyway, if their not voting would prevent the governing body from securing a quorum?

REQUESTED BY: Timothy Shaw and Nebraska Advocacy Services, Inc.

QUESTION: Must the Executive Director of a private, non-profit agency whose regular duties of employment do not ordinarily include engaging in lobbying activities, register as a lobbyist for the purpose of promoting the introduction and enactment of state legislation which will impact upon the ability of the private, non-profit agency to implement the mandate of a federal act?

CONCLUSION

Yes.

ANALYSIS

REQUESTED BY: Douglas C. Christensen, Superintendent, North Platte Public Schools

QUESTION: May the North Platte Board of Education approve a resolution supporting passage of LB662/Referendum 400 in the November 4th election, provided that such approval would be the board's only action to support the measure?

CONCLUSION

Yes. See Analysis

FACTS

REQUESTED BY: Michael L. Johnson for Hall County Livestock Improvement Association, Inc.

QUESTION: 1. Would the Hall County Livestock Improvement Association, Inc. be required to file NADC Form B-7, Report of Political Contributions of a Corporation, under Section 49-1469 of the Accountability Act if it makes only independent expenditures from the funds of the corporation and does not solicit contributions from stockholders or the general public?

REQUESTED BY: Thomas B. Donner, attorney for acting Cuming County Assessor Harry Tichy

QUESTION: May an individual who is currently occupying the office of an elected county official by appointment use the word "re-elect" on campaign publications or advertising?

CONCLUSION

See Analysis

FACTS

REQUESTED BY: J. Russell Derr for Citizens for the Republic/State Candidate Committee

QUESTION: May an independent committee organized under the laws of the State of California participate in a Nebraska state election where their participation exceeds $1,000, without forming a committee under the Nebraska Political Accountability and Disclosure Act and complying with all of the requirements for an independent committee.

CONCLUSION

Yes, under the circumstances outlined in the analysis.

REQUESTED BY: George Rhodes, candidate for Custer County Attorney

QUESTION: May a candidate order and use pens, pencils, and lapel buttons containing the name and photo of the candidate and the office sought, but not the name of the committee, the committee's treasurer, and the residence address of the treasurer, as required under section 49-1474.01(1) of the Accountability Act?

CONCLUSION

REQUESTED BY: K.B. Smith, candidate for county commissioner for Lancaster County, Nebraska.

QUESTION: May an individual who is a candidate for the office of county commissioner for Lancaster County and who is a member of the reserve deputy sheriff's force of Lancaster County continue membership in such a reserve force if elected to the position of county commissioner.

CONCLUSION

It is the opinion of the Commission that a member of a county board may serve as a reserve deputy sheriff in the circumstances you describe. See Analysis.

ANALYSIS

REQUESTED BY: Michael Nolan, City Administrator, City of Norfolk

REQUESTED BY: The Honorable Lee Rupp, State Senator, District #22

QUESTION: May a State Senator expend campaign funds to pay membership fees to service organizations located within the Senator's district?

CONCLUSION

Yes. See Analysis.

ANALYSIS

In Opinion #86 we advised you that, as an elected officeholder, you are considered to be a candidate for re-election for purposes of the Accountability Act, and that a campaign fund expenditure made to assist in your nomination or re-election would generally be permissible under the act.