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

REQUESTED BY: John H. Skavdahl, County Attorney, Sioux County, Nebraska

QUESTION: May a county official employ a member of his immediate family for his private business which is also his county office when such family member's primary duties are not county business and she is not directly compensated by public funds?

CONCLUSION

Yes.

FACTS

REQUESTED BY: Larry Morris, Chief of Administration, Game and Parks Commission, 2200 North 33rd Street, Lincoln, NE 68503

FACTS

REQUESTED BY: The Honorable James E. Pappas, State Senator, State Capitol Lincoln, Nebraska 68509

QUESTION: May a state senator engage in a business which does research and consulting with respect to legislative matters, political campaigns and which employs a lobbyist for the benefit of its subscribers or patrons?

CONCLUSION

See analysis.

FACTS

REQUESTED BY: Dale De Haven, Sioux County Treasurer, Harrison, NE 69346

FACTS

The spouse in question has held the position of deputy treasurer for the past 10 years. Under Section 23-1114.09 her salary has been set by the board of commissioners at 65% of the elected official's salary. The request for advisory opinion asks the Commission's opinion specifically as to the following questions:

REQUESTED BY: Gary Goldberg, Rural Route 1, Box 229, Kearney, NE 68847

QUESTION: May a member of the Nebraska Gasohol Committee be a compensated lobbyist for a firm that is not subject to the powers and duties of said Committee?

CONCLUSION

Yes, so long as such lobbying is not related to his public office.

FACTS

REQUESTED BY: Rudy Peralez, Executive Director, Mexican American Commission, P.O. Box 94965, Lincoln, Nebraska 68509

QUESTION: May the Commission and staff of the Mexican American Commission solicit donations for a reception for interested persons and legislators, including soliciting lobbyists and employers of lobbyists?

CONCLUSION

Yes.

FACTS