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.

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

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

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

Honorable Loran Schmit

State Senator

State Capitol

Lincoln, Nebraska 68509

Dear Senator Schmit:

Reference is made to your letter dated September 29, 1980 requesting an advisory opinion.

Requested by: Michael Albert and the Board of Directors, Omaha-Council Bluffs Metropolitan Area Planning Commission (MAPA).

Question presented:

May a corporation whose president is a member of the Douglas County Board of Commissioners enter into a contract with the Board of Directors of MAPA?

Analysis:

Revised

March 17, 1980

TO: Patrick J. O'Donnell, Clerk of the Legislature and William E. Holland, attorney for Association of Center Pivot Manufacturers

REQUESTED BY: The Honorable John W. DeCamp, State Senator, Room 1116 State Capitol, Lincoln, Nebraska 68509

QUESTION: 1. May candidate committee funds be invested in interest bearing and other securities and in tangible personal property such as valuable coins?

2. If so, what are the reporting requirements?

CONCLUSION

1. Yes

2. See analysis for reporting requirements.

ANALYSIS

There is no prohibition in the Nebraska Political Accountability and Disclosure Act to the investment of committee funds.