REQUESTED BY: Calvin H. Gullion, Gage County Clerk

QUESTION: May an elected County Clerk enter into a contract with the county to perform the services of computer manager and receive a salary for such work?

CONCLUSION

Yes

FACTS

REQUESTED BY: Margrethe Ahlschwede, Candidate, Ahlschwede for City Council Committee

QUESTION: Upon the dissolution of a candidate committee may residual campaign funds be distributed to the following: Nebraska Wesleyan University Great Teaching Program; the Lincoln Foundation, for the University Place Arts Center; the Lincoln Parks and Recreation Gifts Trust Fund?

CONCLUSION

Residual campaign funds of a candidate committee being dissolved may so disbursed to any or all of the three above noted entities.

ANALYSIS

REQUESTED BY: Ron A. Metzgar

QUESTION: May the former State Claims and Risk Administrator with the Office of Risk Management, now an employee of an independent consulting firm work on behalf of that firm to secure a consulting contract with the Office of Risk Management?

CONCLUSION

Yes.

ANALYSIS

REQUESTED BY: Richard T. Smith, Gage County Attorney, on behalf of the Gage County Board

QUESTION: 1. May the Gage County Board contract with Mr. Bill Wehling, the elected part-time Gage County Surveyor for engineering services on the Pickrell East Road Project?

2. Must the County go through open public bidding procedures for the contract for Mr. Wehling's professional services?

REQUESTED BY: David L. Kimble on behalf of the Utica Village Board

QUESTION: 1. Under LB548, does an officer whose only interest in a prospective project is that of an employee to a potential bidder have an interest sufficient to invoke the disclosure requirements?

2. Assuming that three members of the five member board are required to disclose and not participate, may those three board members vote anyway, if their not voting would prevent the governing body from securing a quorum?

REQUESTED BY: Timothy Shaw and Nebraska Advocacy Services, Inc.

QUESTION: Must the Executive Director of a private, non-profit agency whose regular duties of employment do not ordinarily include engaging in lobbying activities, register as a lobbyist for the purpose of promoting the introduction and enactment of state legislation which will impact upon the ability of the private, non-profit agency to implement the mandate of a federal act?

CONCLUSION

Yes.

ANALYSIS

REQUESTED BY: Douglas C. Christensen, Superintendent, North Platte Public Schools

QUESTION: May the North Platte Board of Education approve a resolution supporting passage of LB662/Referendum 400 in the November 4th election, provided that such approval would be the board's only action to support the measure?

CONCLUSION

Yes. See Analysis

FACTS

REQUESTED BY: Michael L. Johnson for Hall County Livestock Improvement Association, Inc.

QUESTION: 1. Would the Hall County Livestock Improvement Association, Inc. be required to file NADC Form B-7, Report of Political Contributions of a Corporation, under Section 49-1469 of the Accountability Act if it makes only independent expenditures from the funds of the corporation and does not solicit contributions from stockholders or the general public?

REQUESTED BY: Thomas B. Donner, attorney for acting Cuming County Assessor Harry Tichy

QUESTION: May an individual who is currently occupying the office of an elected county official by appointment use the word "re-elect" on campaign publications or advertising?

CONCLUSION

See Analysis

FACTS

REQUESTED BY: J. Russell Derr for Citizens for the Republic/State Candidate Committee

QUESTION: May an independent committee organized under the laws of the State of California participate in a Nebraska state election where their participation exceeds $1,000, without forming a committee under the Nebraska Political Accountability and Disclosure Act and complying with all of the requirements for an independent committee.

CONCLUSION

Yes, under the circumstances outlined in the analysis.