REQUESTED BY: The Honorable Chris Beutler, State Senator

QUESTION: You have requested the Commission's opinion covering conflicts of interest under Sections 49-1499 and 49-14,101, R.R.S., 1943. You have asked 2 questions: (1) Whether as a practicing attorney occasionally engaging in the practice of probate law, you would have a potential or actual conflict of interest regarding the following pending legislation:

REQUESTED BY: Dan McGuire, Director - Nebraska Wheat Board

QUESTION: Whether the Nebraska Wheat Board may expend funds to assist in defraying the expenses of members of the Nebraska Legislature traveling to Washington, D.C. to communicate the severity of the economic depression affecting agriculture in the State of Nebraska.

ANALYSIS

REQUESTED BY: James R. Brown, Fitzgerald, Brown, Leahy, Strom, Schorr and Barmettler on behalf of the City of LaVista.

QUESTION: May a city councilman solicit purchase orders and contracts with city contracts with city departments on behalf of the business for which he works?

CONCLUSION

Yes, provided the amount does not exceed $2000 in a calendar year. (See analysis)

FACTS

REQUESTED BY: John E. Spiegel, Mayor of the City of Ravenna.

QUESTION: May a mayor who owns and is the editor of a newspaper and print shop, publish legal notices, proceedings and ordinances of the city, print letterhead and forms for various city agencies and publish advertising and informational notices for the city?

CONCLUSION

Yes. Under the circumstances outlined in the analysis.

FACTS

REQUESTED BY: Robert Roy, a member of the Board of Park Commissioners of the City of Ravenna.

QUESTION: May a member of the Board of Park Commissioners, established under the Ravenna Municipal Code, consisting of three members, appointed by the City Council serving without compensation, sell at retail, hardware items to Ravenna's street, water, sewer and other municipal departments?

CONCLUSION

Yes, see analysis.

FACTS

REQUESTED BY: Dan Nolte, Lancaster County Register of Deeds, 555 South 10th Street, Lincoln, Nebraska 68508

QUESTION: May a register of deeds purchase and own real property for rental purposes either individually, as a member of a partnership or as an owner of stock in a corporation.

CONCLUSION

Yes.

FACTS

REQUESTED BY: Richard D. Kennedy, 6115 Franklin Street, Lincoln, NE 68506

QUESTION: Whether an appraiser employed by a state agency may do, and be compensated for, similar work for another government entity on his own time?

CONCLUSION

Yes, unless he will perform similar work as a state employee on the same project.

FACTS

REQUESTED BY: CF-PAC, Thomas C. Kjar, Chairman, c/o Commercial Federal Savings and Loan Association, 2120 South 72nd Street, Omaha, Nebraska 68101

QUESTION: May a Nebraska political action committee contribute to a federal political action committee?

CONCLUSION

No, unless the Nebraska PAC is registered as a federal political committee.

FACTS

REQUESTED BY: The Honorable Peter J. Hoagland, State Senator, 617 North 90th Street, Omaha, Nebraska 68114

QUESTION: 1. May a state senator, who is a lawyer, represent a client on a claim filed pursuant to the State Tort Claims Act before the State Claims Board?

2. What procedure governs the actions of a state senator in connection with legislation appropriating funds to satisfy such a claim?

CONCLUSION

1. The Accountability Act does not specifically prohibit such representation, but see analysis.

2. See analysis.

FACTS

REQUESTED BY: The Honorable Roland A. Luedtke, Mayor, City of Lincoln, County City Building, Lincoln, NE 68508

QUESTION: Whether a public official must maintain neutrality and refrain from taking a position against a ballot question?

CONCLUSION