Subject: Conflicts of Interest/Dual Position Holding and Business Associations

Requested By: Mary Ann Borgeson, Douglas County Board of Commissioners

Question Presented: Can a reporter for a state owned radio network use information gathered in the course of her employment to write a book as a private project?

Conclusion: No, but see analysis.

REQUESTED BY: Con Bernbeck, Stanton County Commissioner

QUESTION: Does a county commissioner have a conflict of interest as to the application of a feeder pig operation for a conditional use permit as the result of certain business dealings with the operation in his private capacity?

CONCLUSION

No, but see analysis.

FACTS

REQUESTED BY: Greg Vasek, Treasurer, The Breslow Committee

QUESTION: Can a candidate committee solicit and accept contributions via the Internet?

CONCLUSION

Yes.

FACTS

The Breslow Committee is the candidate committee of gubernatorial candidate John Breslow. The committee has established a website. The committee is currently using the website for the purpose of providing information about the candidate. The committee proposes to use this website for the purpose of soliciting and receiving campaign contributions from users of the website.

REQUESTED BY: Tim O'Neill, Attorney, on behalf of Jerry Prange, LaVern Goens, and J & L Consulting, Inc.

QUESTION: (1) Can a state agency enter into a contract with a company owned and operated by the spouses of employees of the agency? (2) Can the such a contract be entered into using the agency's current procedure?

CONCLUSION

As to question #1, yes, but see analysis. As to question #2, see analysis.

FACTS

REQUESTED BY: Beth E. Mares, Saline County Commissioner and Tad D. Eickman, Saline County Attorney.

QUESTION: May a county commissioner participate in a hiring process when her spouse is an applicant for the position?

CONCLUSION

Yes, but see analysis.

FACTS

REQUESTED BY: Lynn Folcik, Child Protective Service Supervisor, Nebraska Health and Human Services

QUESTION: Is it a conflict of Interest under the Nebraska Political Accountability and Disclosure Act for a Child Protective Service Supervisor to serve on a mental health board?

CONCLUSION

No, but see analysis.

FACTS

REQUESTED BY: Darrold Lammers, Electric Superintendent, South Sioux City, Nebraska

QUESTIONN: Can a city electric superintendent privately sell products designed to protect electronics equipment from electrical surges?

CONCLUSION

Yes

FACTS

REQUESTED BY: Carol J. Iverson, School and Adolescent Health Consultant, Nebraska Health and Human Services

QUESTION: May a state employee who, as part of her past state duties, taught a course to school nurses in Nebraska, contract with a national organization to develop a course on the same topic and conduct the course at sessions of the organization?

CONCLUSION

Yes

FACTS

REQUESTED BY: Louise A. Weyer, Training Specialist, Nebraska Public Employees Retirement Systems

QUESTION: Can a state employee who, as part of her duties, conducts preretirement seminars for participants in the retirement systems administered by a state agency, conduct seminars on emotional preparation for retirement for individuals who are not participants in the systems?

CONCLUSION

Yes

FACTS