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

REQUESTED BY: James S. Jansen, Douglas County Attorney

QUESTION: Does the county attorney have a potential conflict of interest if he represents the county in a lawsuit pertaining to a retirement plan in which he participates?

CONCLUSION

Yes

FACTS

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.

REQUESTED BY: Amy Hollenbeck, Assistant Attorney General

QUESTION: Can an assistant attorney general accept money from a movie production company for a story based upon a case which she prosecuted?

CONCLUSION

No

FACTS

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

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

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

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.

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

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