Advisory Opinion 048

REQUESTED BY: Lincoln City-Lancaster County Planning and Zoning Commission, c/o Dana W. Roper, Assistant City Attorney, County-City Building, Lincoln, Nebraska 68508

QUESTION: Must a member of the Lincoln City-Lancaster County Planning and Zoning Commission file a Statement of Potential Conflict with the Nebraska Accountability and Disclosure Commission with respect to a zoning or land-use planning matter that is subject to the jurisdiction of the City of Lincoln as distinguished from the County of Lancaster?

CONCLUSION

No.

FACTS

Advisory Opinion 047

REQUESTED BY: Joseph M. Casson, Jefferson County Attorney

QUESTION: May a county attorney be an officer of a collection agency corporation, operated out of an office adjacent to and in the same building as his public office, and in which his wife is the sole stockholder?

CONCLUSION

Yes.

FACTS

Advisory Opinion 046

REQUESTED BY: Charles A. Kandt, Lincoln County Attorney

QUESTION: May a County Attorney employ his wife as a secretary and manager on a temporary basis?

CONCLUSION

Yes, when such employment does not provide his wife with an unfair gain or otherwise amount to an abuse of power.

FACTS

Advisory Opinion 045

REQUESTED BY: Vernon Elting, RR #1, Bruning, NE 68322

QUESTION: May an inspector employed by the Department of Agriculture purchase "reject" seed corn from seed companies whose seed products are subject to inspection and other governmental action by him and the Department?

CONCLUSION

Yes. Appearance of conflict of interests, in and of itself, is not a violation of the Nebraska Political Accountability and Disclosure Act.

FACTS

Advisory Opinion 044

REQUESTED BY: The Honorable Peter Hoagland, 10010 Regency Circle, #300, Omaha, Nebraska 68114

ANALYSIS

Dear Senator Hoagland:

Reference is made to our phone conversation on June 17, 1981, concerning a lobbying principal who purchases tickets at $100.00 each for attendance at a dinner with a speaker from a tax-exempt organization.

It is my understanding that the principal intends to distribute some of such tickets to state senators so that they may attend that event.

Advisory Opinion 043

REQUESTED BY: Sherry Blaha, 2015 County Club Road, Gering, Nebraska 69341

QUESTION: Is a contract awarded by a city by vote of the city council, a member of which is an employee of the corporation awarded the contract and whose spouse is a shareholder therein, void or voidable under the provisions of the Nebraska Political Accountability and Disclosure Act?

CONCLUSION

No, under the circumstances described in the analysis.

ANALYSIS

Advisory Opinion 042

REQUESTED BY: Herbert J. Duis, Commissioner, Nebraska Liquor Control Commission, P.O. Box 95046, State Capitol, Lincoln, Nebraska 68509

QUESTION: 1) May a public official assign the use of his name for consideration to a person who will solicit business in such name from, among others, persons licensed by the Board or Commission of which such public official is a member, without being in violation of the Nebraska Political Accountability and Disclosure Act? 2) What are the required disclosures in connection with such a transaction?

CONCLUSION

Advisory Opinion 041

QUESTION: May unexpended campaign funds be used by a public official to hire a non-public employee to do such work as may be designated by said public official relative to the duties of his public office, but not required thereby.

CONCLUSION

Yes.

FACTS

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