REQUESTED BY: Lloyd W. Kilmer, 682 South 84th Street, Omaha, NE 68114

ANALYSIS

Dear Mr. Kilmer:

This letter is in response to your letter of August 18, 1982 to Ms. Dannie Trautwein, Political Accountability Commission, for an opinion concerning whether you as a public official have a prohibited conflict of interest under the circumstances spelled out in that letter and the following additional facts:

REQUESTED BY: John F. Cole, 250 Mohawk, #4, Syracuse, NE 68446

ANALYSIS:

Dear Mr. Cole:

In response to the letter of your attorney, Alan M. Wood, dated July 23, 1982, requesting an advisory opinion and in view of the questions considered at the time of your appearance before the Commission on August 27, 1982, be advised of the following:

(A) A policeman's uniform may not be worn while engaging in deliberate political campaign activity such as distributing campaign materials.

REQUESTED BY: Fred Sebesta, Waste Management Supervisor, Permits and Enforcement Section, Department of Environmental Control, Box 94877, Statehouse Station, Lincoln, Nebraska 68509

QUESTION: May members of the local chapter of a professional association pay or reimburse the travel expenses of another member, who is an employee of the executive branch of state government, to attend meetings of the parent organization's board of directors?

CONCLUSION

Yes.

FACTS

REQUESTED BY: CARE PAC, Sandy Effle, Chairman, P.O. Box 14269, Omaha, Nebraska 68124

REQUESTED BY: CARE PAC, Sandy Effle, Chairman, P.O. Box 14269, Omaha, Nebraska 68124

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

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

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

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

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.