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

Advisory Opinion 146

REQUESTED BY: The Honorable Eric Will, State Senator, District #8.

QUESTION: May campaign funds be used to hire someone to assist with preparation and cleaning for a campaign function?

CONCLUSION

See analysis.

FACTS

A state senator occasionally entertains campaign workers and constituents at his home. Those attending these gatherings are approximately thirty in number. The state senator wishes to know if campaign funds may be used to hire someone to assist with preparation and cleaning for the event.

ANALYSIS

Advisory Opinion 145

REQUESTED BY: C. Matthew Samuelson, Thurston County Attorney, on behalf of Harold Obermeyer, Thurston County Sheriff.

QUESTION: May a sheriff campaign while in uniform?

CONCLUSION

No.

FACTS

An elected and serving county sheriff is seeking reelection. He wishes to know if he may engage in campaign activities while wearing his sheriff's uniform. He also wishes to know if Commission Advisory Opinion #51 and Section 20-160 of the state statutes are applicable to county sheriffs.

ANALYSIS

Advisory Opinion 144

REQUESTED BY: Thomas Mumgaard, Assistant City Attorney, on behalf of Omaha City Council Member Frank Christensen.

QUESTION: 1) Under what circumstances must a city council member abstain in liquor license matters when he holds an interest in a liquor license? 2) Must potential conflicts of interest be disclosed in writing each time one arises even if they continuously arise out of similar and previously described circumstances?

CONCLUSION

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

FACTS

Advisory Opinion 143

REQUESTED BY: Michael Nolan, Norfolk City Administrator.

QUESTION: 1) May city officials and city employees engage in certain specified activities in connection with a ballot question? 2) May information pertaining to a ballot question be printed and distributed at city expense?

CONCLUSION

As to question #1, see Analysis. As to question #2, yes if the printed information conforms to certain guidelines.

FACTS

Advisory Opinion 141

REQUESTED BY: Patricia A. Theno, Manager/Public Affairs, U. S. West Communications Inc.

QUESTIONS PRESENTED: May a corporation establish a combined federal PAC which makes contributions to state and federal candidates and remain in compliance with the Nebraska Political Accountability and Disclosure Act?

CONCLUSION

See Analysis.

FACTS

Advisory Opinion 140

REQUESTED BY: The Honorable Stan Schellpeper, State Senator, District #18.

QUESTIONS: (1) May a state senator accept honoraria, lodging, food and travel expenses from a principal or lobbyist in exchange for speaking to a group or organization? (2) May a state senator accept honoraria, lodging, food and travel expenses from people or entities other than principals or lobbyists in exchange for speaking to a group or organization?

CONCLUSION

As to question #1 generally no, but see analysis. As to question #2 generally yes, but see analysis.

FACTS

Advisory Opinion 139

REQUESTED BY: Dorothy Barlean, Member, Board of Directors Butler County Rural Public Power District.

QUESTION: May a member of the board of directors of a public power district accept from the district a salary and other benefits if the total value of the salary and the other benefits exceeds the statutory maximum compensation provided by statute?

CONCLUSION

No.

FACTS

Advisory Opinion 138

REQUESTED BY: Mary Rose Jennison, Treasurer, National Rifle Association Political Victory Fund, Institute for Legislative Action.

QUESTION: Is the NRA subject to the provisions of section 49-1469 requiring it to file corporate reports of political contributions or, if soliciting funds for the purpose of making contributions, establishing a separate segregated political fund pursuant to Nebraska law?

CONCLUSION

Yes.

FACTS