Advisory Opinion 155

REQUESTED BY: Kerry P. Eagan, Chief Administrative Officer of Lancaster County, on behalf of Linda Steinman, Lancaster County Commissioner

QUESTION: (1) Does the Nebraska Political Accountability and Disclosure Act prohibit an elected county official from serving on the governing body of an outside entity which has a contractual arrangement with the county?

Conclusion

No.

FACTS

Advisory Opinion 154

 

QUESTION: (1) Does a state employee's service as an officer of a nonprofit organization constitute a "business association" even when that service is by virtue of his public position? 2) Are there circumstances in which the provisions of §49-1499 and §49-14,102 both apply? 3) Do the described circumstances constitute an open and public process as contemplated by §49-14,102? 4) Do the described circumstances constitute an "action" or "decision" by a state employee as contemplated by §49-1499?

CONCLUSION

Advisory Opinion 153

 

QUESTION: May a public power district use public funds to pay a claim for compensation which is made as the result of legislation enacted subsequent to the time from which the claim arises?

CONCLUSION

Yes.

FACTS

Prior to 1993 §70-624.02 of the state statutes provided as follows with reference to public power districts:

Advisory Opinion 152

REQUESTED BY: Rosalie Shepherd, State Director, United We Stand America - Nebraska.

QUESTION: Does the language in a brochure constitute support of or opposition to a candidate such that it is an expenditure?

CONCLUSION

Yes.

FACTS

United We Stand Nebraska (UWSA - NE) is the Nebraska Chapter of United We Stand America (UWSA). UWSA describes itself as a grassroots movement focused on economic and government reform at the federal, state, and local levels of government. Included within UWSA's self description is the following:

Advisory Opinion 151

REQUESTED BY: Dean Skokan, Fremont City Attorney on behalf of Fremont City Council Member Diane Johnson.

QUESTION: May a city council member whose spouse is the manager of a liquor store participate in and vote upon: a) applications for special liquor permits not involving the spouse's employer; b) applications of the spouse's employer for special liquor permits; or c) liquor issues in general.

CONCLUSION

See Analysis.

FACTS

Advisory Opinion 150

REQUESTED BY: Frank C. Lloyd, Assistant Commissioner and Director of the Vocational and Rehabilitation Division of the Nebraska Department of Education.

QUESTION: May a state employee conduct an outside consulting business?

CONCLUSION

See Analysis.

FACTS

Advisory Opinion 149

REQUESTED BY: The Honorable M. L. Dierks, State Senator, District #40

QUESTION: May campaign funds be expended to install a separate telephone line in one's home if the line is to be used for constituent calls and campaign calls?

CONCLUSION

Yes.

FACTS

Advisory Opinion 148

REQUESTED BY: Bruce T. Rowe, Director of the Bureau of Family Health Services, Nebraska Department of Health

QUESTION: May a state employee who is an officer in an association make occasional use of state owned computers for association purposes?

CONCLUSION

See Analysis.

FACTS

Advisory Opinion 147

REQUESTED BY: Michael P. Manly on behalf of the Nebraska Association of County Officials.

QUESTION: 1) Does a county official attending a convention at county expense own any door prize that he or she wins? 2) Do the provisions of Section 49-1490 apply to county officials?

CONCLUSION

As to question #1, yes.

As to question #2, no.

FACTS