SUBJECT:  Campaign Financing / Use of Campaign Funds

REQUESTED BY:  Vicki Powell, Campaign Manager, Johanns for Governor Committee

QUESTIONS PRESENTED:  (1) When may a gubernatorial campaign pay the campaign expenses of a potential lieutenant governor candidate? (2) What expenses pertaining to the lieutenant governor’s campaign can be paid by the governor candidate committee?

CONCLUSIONS:  See analysis.

SUBJECT: Campaign Financing/Use of Campaign Funds.

REQUESTED BY: Randall Ritnour, treasurer, Defense of Marriage Amendment (DOMA) Committee.

QUESTIONS PRESENTED: (1) May a ballot question committee use campaign funds for the purpose of litigation in support of the ballot question? (2) May a ballot question committee use campaign funds for the purpose of engaging in public debate in support of the ballot question?

CONCLUSIONS: As to Question 1: see analysis.  As to Question 2: see analysis.

Subject: Conflicts of Interest/ Use of Office for Financial Gain

Requested By: Carolyn Johnsen, Reporter and Producer, Nebraska Public Radio

Question Presented: Can a reporter for a state owned radio network use information broadcast by the network to write a book as a private project?

Conclusion: Yes.

Subject: Conflicts of Interest/Use of Office for Financial Gain

Requested by: Janet L. Killiam, Field Representative, Nebraska Commission for the Deaf and Hard of Hearing

Question Presented: Can an employee of the Nebraska Commission for the Deaf and Hard of Hearing operate a private business which sells devices to the hearing impaired?

Conclusion: Yes, but see analysis.

Subject: Conflicts of Interest/Dual Position Holding and Business Associations

Requested By: Mary Ann Borgeson, Douglas County Board of Commissioners

Question Presented: Can a reporter for a state owned radio network use information gathered in the course of her employment to write a book as a private project?

Conclusion: No, but see analysis.

REQUESTED BY: Con Bernbeck, Stanton County Commissioner

QUESTION: Does a county commissioner have a conflict of interest as to the application of a feeder pig operation for a conditional use permit as the result of certain business dealings with the operation in his private capacity?

CONCLUSION

No, but see analysis.

FACTS

REQUESTED BY: Greg Vasek, Treasurer, The Breslow Committee

QUESTION: Can a candidate committee solicit and accept contributions via the Internet?

CONCLUSION

Yes.

FACTS

The Breslow Committee is the candidate committee of gubernatorial candidate John Breslow. The committee has established a website. The committee is currently using the website for the purpose of providing information about the candidate. The committee proposes to use this website for the purpose of soliciting and receiving campaign contributions from users of the website.

REQUESTED BY: Tim O'Neill, Attorney, on behalf of Jerry Prange, LaVern Goens, and J & L Consulting, Inc.

QUESTION: (1) Can a state agency enter into a contract with a company owned and operated by the spouses of employees of the agency? (2) Can the such a contract be entered into using the agency's current procedure?

CONCLUSION

As to question #1, yes, but see analysis. As to question #2, see analysis.

FACTS

REQUESTED BY: Beth E. Mares, Saline County Commissioner and Tad D. Eickman, Saline County Attorney.

QUESTION: May a county commissioner participate in a hiring process when her spouse is an applicant for the position?

CONCLUSION

Yes, but see analysis.

FACTS