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

REQUESTED BY: Richard H. Hansen Legal Counsel, Department of Environmental Control, P.O. Box 94877, Lincoln, Nebraska 68509

FACTS

REQUESTED BY: The Honorable Rod Johnson, State Senator, Room 804, State Capitol, Lincoln, Nebraska 68509

QUESTION: May campaign funds be used to purchase office equipment which will be used in an officeholder's home or the home of his campaign committee's treasurer to solicit and respond to constituent opinion?

CONCLUSION

Yes.

FACTS

REQUESTED BY: Stephen P. Herman, Frontier County Attorney, Curtis, NE 69025

QUESTION: Whether a county attorney, who is not prohibited from engaging in private law practice, who performs the duties of county attorney from his private law office, and who employs his spouse as secretary for his private law practice, may also employ his spouse as a secretary for the performance of his duties as county attorney?

CONCLUSION

Yes, provided that her government salary is not arbitrary, caprisious and unreasonable.

REQUESTED BY: Ken Kirschenmann, 540 South 55th Street, Lincoln, NE 68510

QUESTION: May a state employee, who engages in a private business, sell its products to the State of Nebraska and its political subdivisions?

CONCLUSION

Yes, under the circumstances set forth in this opinion.

FACTS

REQUESTED BY: Patricia Schuett Peterson, Kutak, Rock & Huie The Omaha Building, 1650 Farnam Street, Omaha, Nebraska 68102

QUESTION: Whether the members and employees of the Nebraska Investment

Finance Authority are required to file Statements of Financial Interests?

CONCLUSION

No.

ANALYSIS

REQUESTED BY: Charles J. Egr. Saunders County Clerk, Wahoo, NE 68066

ANALYSIS

(1) May a county official have his or her name printed on office letterheads or envelopes which are paid for with county money?

Yes.

(2) May a county official have printed, at county expense, call cards with his or her name and picture thereon and enclose them in correspondence or mailings using county letterheads and envelopes and postage?

REQUESTED BY: The Honorable Rod Johnson, Senator, 34th District, State Capitol, Lincoln, Nebraska 68509

QUESTION: May a Senator use campaign funds to pay rent for an apartment in Lincoln during the course of legislative session?

CONCLUSION

No.

ANALYSIS

The residence of the Senator requesting the advisory opinion is Harvard, Nebraska. He advises that he has signed a six-month lease for an apartment in Lincoln to serve as a "temporary residence for him during, and only during, the legislative session."