REQUESTED BY: Richard T. Smith, Gage County Attorney

QUESTION: May the County Board contract with the elected, part-time County Surveyor or his firm for materials, equipment, and manpower services after a public letting of bids for that purpose and be in compliance with the Accountability and Disclosure Act?

CONCLUSION

Yes, provided the contract is awarded in an open and public process. This opinion is limited to the provisions of the Accountability and Disclosure Act. See Analysis.

FACTS

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

QUESTION: May a state senator expend campaign funds for the following purposes: 1. to pay for subscriptions to newspapers published within the candidate's legislative district; 2. to pay the candidate's unreimbursed mileage, at the rate of 21 cents per mile, for trips connected with speaking engagements, radio shows, and general constituent service.

CONCLUSION

Yes. See Analysis.

ANALYSIS

Authorized Expenditures

REQUESTED BY: Committee to Elect William E. Nichol

QUESTION: May campaign funds be used to lease an automobile for the duration of a campaign for election to office.

CONCLUSION

Yes, under circumstances outlined in the analysis.

ANALYSIS

REQUESTED BY: Emil E. Beyer, Jr., State Senator, District Three

QUESTION: May a state senator accept an appointment to an agricultural society board established under the provisions of Neb. Rev. Stat. Sec. 2-201 et seq (Reissue 1983), or is such a state senator precluded by the provisions of the Accountability and Disclosure Act from accepting such a position.

CONCLUSION

There is no prohibition with respect to the Accountability and Disclosure Act, however, see analysis for constitutional provisions.

ANALYSIS

I. Actual Conflicts of Interest

REQUESTED BY: Nebraska Traffic Safety Now

QUESTION: May Nebraska Traffic Safety Now, a coalition of some 30 safety organizations, continue disseminating traffic safety information to the public without reporting those efforts to the Commission?

2nd Question Presented: May Merritt and Associates initiate and report any activity directly designed to influence voters on the issue?

CONCLUSION

1. Yes.

2. See analysis.

ANALYSIS

REQUESTED BY: Joe E. Lutjeharms, Commissioner of Education, Nebraska Department of Education.

QUESTION: What permissible activities may the Commissioner of Education, staff of the Department of Education, the Department of Education's LB662 Advisory Committee, and the State Board of Education engage in relative to the referendum calling for the repeal of LB662.

CONCLUSION

See Analysis

FACTS

REQUESTED BY: Alan M. Wood, counsel for the Douglas County Agricultural Society, Inc.

QUESTION: The Douglas County Agricultural Society, Inc., is considering hiring as its full-time manager, Mr. Jon Manz, a member of the Society's Board of Directors. The Board inquires whether the provisions of the Nebraska Political Accountability and Disclosure Act apply to the Society generally, and specifically whether the conflict of interest provisions of the act would apply in the case of the Board's hiring Mr. Manz as general manager of the Agricultural Society.

CONCLUSION

REQUESTED BY: The Honorable Paul L. Douglas, former Nebraska Attorney General

QUESTION: You have requested the Commission's opinion as to whether, under the provisions of the Nebraska Political Accountability and Disclosure Act, you may pay for a public opinion survey concerning yourself, which was taken during your term of office, with funds held by your campaign committee.

CONCLUSION

REQUESTED BY: The Honorable John DeCamp, State Senator

QUESTION: A state senator, who represents as an attorney and as a consultant, individuals who are working to form a corporation in another country or territory to operate a video lottery in such other jurisdictions where video lottery operations are not forbidden, asks whether his support of or opposition to LB144, a legislative bill repealing the prohibition on cities and counties which desire to conduct video lotteries, creates a potential or actual conflict of interest.

CONCLUSION

REQUESTED BY: The Honorable John DeCamp, State Senator

QUESTION: You have requested the Commission's opinion as to whether you have either a potential or an actual conflict of interest pertaining to your action on LR16, a proposed constitutional amendment which would repeal Article XII, Section 8, of the Nebraska Constitution. Article XII, Section 8, prohibits corporate ownership of farm and ranch lands in Nebraska.

CONCLUSION