Advisory Opinion 171

QUESTION: Can a vocational rehabilitation counselor director for the Department of Education perform for pay vocational assessments for individuals being served through one of the railroads or through a private rehabilitation firm?

CONCLUSION

Yes.

FACTS

Advisory Opinion 170

REQUESTED BY: Christopher Hoy, Director of Special Projects, Nebraska Department of Economic Development

QUESTION: 1) Can a state employee who, as part of his official duties, helps Nebraska Communities develop information technology focused strategic plans, accept opportunities to speak and consult for pay on this topic outside of the State of Nebraska? 2) Can the employee advertise his availability for these speaking and consulting opportunities on a web site?

CONCLUSION

Yes as to both questions, but see analysis.

FACTS

Advisory Opinion 169

REQUESTED BY: Maxine B. Moul, Director, Nebraska Department of Economic Development

QUESTION: Does a procedure for the awarding of grants proposed by the Department of Economic Development constitute an open and public process?

CONCLUSION

Yes.

FACTS

Advisory Opinion 168

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

Advisory Opinion 167

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

Advisory Opinion 166

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.

Advisory Opinion 164

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

Advisory Opinion 163

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

Advisory Opinion 162

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