QUESTION: (1) Does a state employee's service as an officer of a nonprofit organization constitute a "business association" even when that service is by virtue of his public position? 2) Are there circumstances in which the provisions of §49-1499 and §49-14,102 both apply? 3) Do the described circumstances constitute an open and public process as contemplated by §49-14,102? 4) Do the described circumstances constitute an "action" or "decision" by a state employee as contemplated by §49-1499?

CONCLUSION

QUESTION: May a public power district use public funds to pay a claim for compensation which is made as the result of legislation enacted subsequent to the time from which the claim arises?

CONCLUSION

Yes.

FACTS

Prior to 1993 §70-624.02 of the state statutes provided as follows with reference to public power districts:

REQUESTED BY: Rosalie Shepherd, State Director, United We Stand America - Nebraska.

QUESTION: Does the language in a brochure constitute support of or opposition to a candidate such that it is an expenditure?

CONCLUSION

Yes.

FACTS

United We Stand Nebraska (UWSA - NE) is the Nebraska Chapter of United We Stand America (UWSA). UWSA describes itself as a grassroots movement focused on economic and government reform at the federal, state, and local levels of government. Included within UWSA's self description is the following:

REQUESTED BY: Dean Skokan, Fremont City Attorney on behalf of Fremont City Council Member Diane Johnson.

QUESTION: May a city council member whose spouse is the manager of a liquor store participate in and vote upon: a) applications for special liquor permits not involving the spouse's employer; b) applications of the spouse's employer for special liquor permits; or c) liquor issues in general.

CONCLUSION

See Analysis.

FACTS

REQUESTED BY: Frank C. Lloyd, Assistant Commissioner and Director of the Vocational and Rehabilitation Division of the Nebraska Department of Education.

QUESTION: May a state employee conduct an outside consulting business?

CONCLUSION

See Analysis.

FACTS

REQUESTED BY: The Honorable M. L. Dierks, State Senator, District #40

QUESTION: May campaign funds be expended to install a separate telephone line in one's home if the line is to be used for constituent calls and campaign calls?

CONCLUSION

Yes.

FACTS

REQUESTED BY: Bruce T. Rowe, Director of the Bureau of Family Health Services, Nebraska Department of Health

QUESTION: May a state employee who is an officer in an association make occasional use of state owned computers for association purposes?

CONCLUSION

See Analysis.

FACTS

REQUESTED BY: Michael P. Manly on behalf of the Nebraska Association of County Officials.

QUESTION: 1) Does a county official attending a convention at county expense own any door prize that he or she wins? 2) Do the provisions of Section 49-1490 apply to county officials?

CONCLUSION

As to question #1, yes.

As to question #2, no.

FACTS

REQUESTED BY: The Honorable Eric Will, State Senator, District #8.

QUESTION: May campaign funds be used to hire someone to assist with preparation and cleaning for a campaign function?

CONCLUSION

See analysis.

FACTS

A state senator occasionally entertains campaign workers and constituents at his home. Those attending these gatherings are approximately thirty in number. The state senator wishes to know if campaign funds may be used to hire someone to assist with preparation and cleaning for the event.

ANALYSIS

REQUESTED BY: C. Matthew Samuelson, Thurston County Attorney, on behalf of Harold Obermeyer, Thurston County Sheriff.

QUESTION: May a sheriff campaign while in uniform?

CONCLUSION

No.

FACTS

An elected and serving county sheriff is seeking reelection. He wishes to know if he may engage in campaign activities while wearing his sheriff's uniform. He also wishes to know if Commission Advisory Opinion #51 and Section 20-160 of the state statutes are applicable to county sheriffs.

ANALYSIS