Advisory Opinion 166

REQUESTED BY: Richard A. Douglas, Attorney for Western Community College Area

QUESTION: 1) May a public employee who serves on a non-public body in the course of his public duties engage in activities in conjunction with the non-public body to promote or oppose matters before the Nebraska Legislature? 2) May a public employee who serves on a non-public body in the course of his public duties vote on a resolution by the body to support or oppose the qualification, passage, or defeat of a ballot question?

CONCLUSION

As to question #1, yes. As to question #2, yes.

Advisory Opinion 164

REQUESTED BY: Spencer W. Morrissey and the Morrissey for Legislature Committee

QUESTION: Can the funds of a candidate committee be used to purchase a computer and a desk for the computer?

CONCLUSION

Yes, if the purchases are to be used for campaign purposes.

FACTS

Advisory Opinion 163

REQUESTED BY: Gerard A. Piccolo, Hall County Public Defender

QUESTION: May deputy public defenders use county resources in connection with the private practice of law if the use is pursuant to a compensation package?

CONCLUSION

See analysis.

FACTS

Advisory Opinion 162

REQUESTED BY: Daniel L. Lindstrom of the Community Redevelopment Authority for the City of Kearney.

QUESTION: 1) Are members of the board of a community redevelopment authority public officials as defined in §49-1443? 2) Are members of the board of a community redevelopment authority required to comply with the provisions of §49-14,103.01?

CONCLUSION

As to question #1, yes. As to question #2, no.

FACTS

Advisory Opinion 161

REQUESTED BY: Ellen Totzke, Hall County Attorney.

QUESTION: May a deputy public defender use certain county resources in connection with a private practice of law?

CONCLUSION

See analysis.

FACTS

Hall County is considering the enactment of personnel policies applicable to deputy public defenders who also engage in the private practice of law. The deputies are considered full-time employees and are required to work 37.5 hours per week. As a practical matter, they often work more then this number of hours per week.

Advisory Opinion 160

REQUESTED BY: Judy Monaghan, Lobbyist for Scientific Games, Inc.

QUESTION: 1) Does the Nebraska Political Accountability and Disclosure Act prohibit a Lobbyist for a lottery contractor from making a contribution to a candidate for state elective office? 2) Is a lottery contractor prohibited from making a contribution to a political party?

CONCLUSION

See analysis.

FACTS

Advisory Opinion 159

 

REQUESTED BY: Senators Tim Hall, Joyce Hillman, and Ron Withem, and Clerk of the Legislature Patrick O'Donnell.

QUESTION: May state senators and legislative staff engage in activities, including solicitation of funds in connection with hosting a legislative conference?

CONCLUSION

See analysis.

FACTS

Advisory Opinion 158

REQUESTED BY: G. Thomas DuBose, National Chairman, Transportation Political Education League.

QUESTION: May a PAC accept and deposit a check from its collecting agent prior to the time it receives from the collecting agent all required information regarding the contributors?

CONCLUSION

No.

FACTS

Advisory Opinion 157

REQUESTED BY: The Honorable Ed Schrock, State Senator, District #38.

QUESTION: May a Nebraska state senator accept reimbursement for travel expenses from the Nebraska Account Scholarship Fund of the American Legislative Exchange Council (ALEC)?

CONCLUSION

See analysis.

FACTS