Advisory Opinion 201

Subject: Lobbying

Requested by: Paul E. Sullivan, Council of State Governments Justice Center

Question Presented: Do the proposed activities of the Council of State Governments Justice Center subsequent to the enactment of LB 605 constitute lobbying and require registration of a lobbyist?

Conclusion: No

Advisory Opinion 200

Subject:  Conflicts of Interest/Gifts

Requested By:  Duane W. Acklie

Question Presented:  Is the proposed Nebraska First Spouse’s Fund consistent with the provisions of the Nebraska Political Accountability and Disclosure Act (“NPADA”)?

Conclusion:  Yes, with certain specified reservations

Advisory Opinion 199

SUBJECT: Conflicts of Interest/ Use of public personnel, resources, property or funds.

Requested by:  Thomas O. Mumgaard, Deputy Omaha City Attorney, on behalf of the Omaha City Council

Question Presented: Can Omaha Firefighters engage in campaign to raise funds for the Muscular Dystrophy Association during on-duty time paid for with taxpayer funds and/or using City-owned uniforms and equipment?

Conclusion: No.

Advisory Opinion 198

Subject: Conflicts of Interest/Supervising a Family Member

Requested By: Sue Larson, Human Resources Administrator, Nebraska Department of Roads

Questions Presented: How do the provisions of LB 322 apply to a situation in which a newly promoted employee in the executive branch of state government will supervise a family member?

Conclusion: See analysis.

Advisory Opinion 197

Subject: Lobbying/Donations to underwrite an event

 

Requested By: Mike Flood, Speaker of the Legislature and DiAnna Schimek, State Senator

 

Questions Presented: 1) Are donations by lobbyists and principals to underwrite an event reportable expenditures? 2) If so, how and when should these expenditures be reported?

 

Conclusion: See analysis.

 

Advisory Opinion 196

Subject: Campaign Finance/Major Out-of-State Contributors

 

Requested By: Diane Schachterle, Director of Policy Planning, American Civil Rights Coalition

 

Question Presented: Does donor information need to be disclosed by a major out-of-state contributor on its reports?

 

Conclusion: Yes. See Analysis.

 

Advisory Opinion 195

Subject: Campaign Finance/Use of Campaign Funds for Legislative Website

Requested By: Bill Avery, State Senator, District 28

Questions Presented: 1) May campaign funds be used to create and maintain a legislative website? 2) May legislative staff and resources be used to update the site and engage in constituent communications?

Conclusion: Yes as to each question presented.

Advisory Opinion 194

Subject: Conflicts of Interest/Outside Business Interests

Requested By: Willis Roethemeyer, Lincoln County Commissioner

Question Presented: Does a County Board Member/Private Developer have a conflict of interest as to proposed county zoning regulation amendments?

Conclusion: No.

Advisory Opinion 193

 

Subject: Conflicts of Interest/Outside Business Interests

Requested By: Shane Osborn, Nebraska State Treasurer

Question Presented: Can the Nebraska State Treasurer provide consultation services to a business in which he has an ownership interest?

Conclusion: Yes.

Advisory Opinion 192

Subject:  Campaign Finance /Campaign Finance Limitation Act

Requested By:  State Senator Pam Redfield

Question Presented:  Is a term limited State Senator required to file affidavits pursuant to the Campaign Finance Limitation Act?

Conclusion:  No.