REQUESTED BY: Willard Weinhold, Dawson County Attorney

QUESTION

1. Whether the employment of a county employee for additional services is a "contract" as contemplated by section 49-14,102, R.S.Supp., 1976 requiring the same to be awarded through an open and public process which includes prior public notice and subsequent availability for public inspection during the regular office hours of the contracting governmental body of the proposals considered and the contract awarded?

REQUESTED BY: Betty J. Steinbrecher

QUESTION 1. Must a ballot question committee be formed and a Statement of Organization (NADC Form A-1) and Campaign Statements (NADC Forms B-1) filed when expenditures advocating the qualification, passage, or defeat of a ballot question have been made by only one person from his own funds, even though others are involved in soliciting petition signatures?

2. When is the starting date for computing the 35 day period for filing a campaign statement by a ballot question committee pursuant to section 49-1461(2)?

CONCLUSION

REQUESTED BY: William B. Brandt, General Counsel. Nebraska Bankers Association

QUESTION: May a lobbyist or his principal provide complimentary tickets, each valued at over $10 to State Senators and their spouses for a banquet and entertainment in connection with a convention program of the principal's association?

CONCLUSION:

Yes.

REQUESTED BY: William W. Lyons, Attorney for McCook Public Power District

QUESTION: Is the manager of a public or rural power district required to file a Statement of Financial Interests pursuant to the provisions of section 49-1493(6),R.S. Supp., 1976?

CONCLUSION

Yes.

ANALYSIS: Section 49-1493 provides that a member of the board of directors or an officer of a district organized under the provisions of Chapter 70 is required to file Statements of Financial Interests.

REQUESTED BY: Kerry L. Kester, Treasurer, DeCamp for Public Office Committee

QUESTION : Reference is made to your letter dated March 30, 1978 requesting an advisory opinion as to whether Candidate A, in order to gain exposure and further his campaign, is permitted to use his own candidate committee funds for the purpose of buying tickets to a fundraiser and dinners which are sponsored by the candidate committee for Candidate B.

REQUESTED BY: Cyril P. Shaughnessy, Attorney for the Loup Basin Reclamation District, the Twin Loups Reclamation District, and the Cedar Valley Reclamation District.

QUESTION: Are the directors of the foregoing reclamation districts required to file Statements of Financial Interests pursuant to the provisions of section 49-1493, R.S.Supp., 1976?

CONCLUSION: No.

ANALYSIS

REQUESTED Greg Edken, Kutak, Rock & Huie

QUESTION

1: How and on what form are out-of-state contributions from individuals in excess of $100 to a campaign committee registered in Nebraska to be reported in order to comply with the Nebraska Political Accountability and Disclosure Act? Specifically, is an individual who makes an out-of-state contribution required to submit a form or can that required information be supplied by campaign committee registered in Nebraska?

REQUESTED BY: Paul Kosch, President, First National Bank, David City, Nebraska

QUESTION:

1. Whether members of a board of trustees for a county hospital are required to file Statements of Financial Interests?

2. Whether there is a potential conflict of interest to be disclosed and other action to be taken in the case of a county hospital's funds being deposited in a bank in which that hospital board member is an officer and director?

3. Whether the insurance division or affiliate of the bank is denied the right to bid on insurance for the hospital?

REQUESTED BY: Robert H. Conner, Saline County Attorney

QUESTION: Must a county commissioner, engaged in a business that has transactions with other firms, which may have contracts with the county, disclose those firms with which he does business in his Statement of Financial Interests or in Statements of Potential Conflict of Interests?

CONCLUSIONS:

1. Such other firms need not be disclosed in the Statement of Financial Interests of the county commissioner.

2. Potential conflicts of interest may have to be disclosed under certain circumstances.

REQUESTED BY: Richard T. Smith

QUESTION: As legal advisor to the City of Beatrice, the City of Beatrice Planning and Zoning Commission, the City of Beatrice Board of Adjustment, the Beatrice Airport Authority, the Beatrice Board of Public Works, and the mayor and city council of the

City of Beatrice, you have asked whether the officeholders and employees of these entities are required to file Statements of Financial Interests pursuant to the provisions of section 49-1493, R.S.Supp., 1976.

CONCLUSION: No.