REQUESTED BY: Tim O'Neill, Attorney, on behalf of Jerry Prange, LaVern Goens, and J & L Consulting, Inc.

QUESTION: (1) Can a state agency enter into a contract with a company owned and operated by the spouses of employees of the agency? (2) Can the such a contract be entered into using the agency's current procedure?

CONCLUSION

As to question #1, yes, but see analysis. As to question #2, see analysis.

FACTS

REQUESTED BY: Beth E. Mares, Saline County Commissioner and Tad D. Eickman, Saline County Attorney.

QUESTION: May a county commissioner participate in a hiring process when her spouse is an applicant for the position?

CONCLUSION

Yes, but see analysis.

FACTS

REQUESTED BY: Lynn Folcik, Child Protective Service Supervisor, Nebraska Health and Human Services

QUESTION: Is it a conflict of Interest under the Nebraska Political Accountability and Disclosure Act for a Child Protective Service Supervisor to serve on a mental health board?

CONCLUSION

No, but see analysis.

FACTS

REQUESTED BY: Darrold Lammers, Electric Superintendent, South Sioux City, Nebraska

QUESTIONN: Can a city electric superintendent privately sell products designed to protect electronics equipment from electrical surges?

CONCLUSION

Yes

FACTS

REQUESTED BY: Carol J. Iverson, School and Adolescent Health Consultant, Nebraska Health and Human Services

QUESTION: May a state employee who, as part of her past state duties, taught a course to school nurses in Nebraska, contract with a national organization to develop a course on the same topic and conduct the course at sessions of the organization?

CONCLUSION

Yes

FACTS

REQUESTED BY: Louise A. Weyer, Training Specialist, Nebraska Public Employees Retirement Systems

QUESTION: Can a state employee who, as part of her duties, conducts preretirement seminars for participants in the retirement systems administered by a state agency, conduct seminars on emotional preparation for retirement for individuals who are not participants in the systems?

CONCLUSION

Yes

FACTS

QUESTION: Can a vocational rehabilitation counselor director for the Department of Education perform for pay vocational assessments for individuals being served through one of the railroads or through a private rehabilitation firm?

CONCLUSION

Yes.

FACTS

REQUESTED BY: Christopher Hoy, Director of Special Projects, Nebraska Department of Economic Development

QUESTION: 1) Can a state employee who, as part of his official duties, helps Nebraska Communities develop information technology focused strategic plans, accept opportunities to speak and consult for pay on this topic outside of the State of Nebraska? 2) Can the employee advertise his availability for these speaking and consulting opportunities on a web site?

CONCLUSION

Yes as to both questions, but see analysis.

FACTS

REQUESTED BY: Maxine B. Moul, Director, Nebraska Department of Economic Development

QUESTION: Does a procedure for the awarding of grants proposed by the Department of Economic Development constitute an open and public process?

CONCLUSION

Yes.

FACTS

REQUESTED BY: Anthony F. Raimondo, Chairman, Nebraska Economic Development Commission

QUESTION: 1) Does a member of the Economic Development Commission have a conflict of interest if a business with which he is associated applies for a grant from the Nebraska Department of Economic Development? 2) Can a member of the Economic Development Commission have an interest in a contract with the Nebraska Department of Economic Development?

CONCLUSION

As to question #1, see analysis. As to question #2, see analysis.

FACTS