The Work of the Nebraska Accountability and Disclosure

Commission: What You Ethically Need to Know

Frank Daley Nebraska Accountability and Disclosure Commission

July 11, 2018 Hruska Law Center, Lincoln, NE

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The Work of the Nebraska Accountability and Disclosure Commission:

What You Ethically Need to Know

Attorneys representing the state and local governments are often called upon

to provide advice to public officials and public employees on issues such as conflicts of inter-est, prohibited interest in a government con-tract, the hiring of family members, and the restrictions on the use of public resources and property. This session is an exhaustive review of all the provisions of the ethics portions of the Nebraska Political Accountability and Disclosure Act (NPADA) and will describe how these situations are regulated by the Act, including the application of the Act to public officials, public employees and to government attorneys themselves.

At the conclusion of this program, attorneys will be able to:

• Identify a conflict of interest, the relevant statutes which control conflict of interest and what to do if there is a potential conflict of interest.

• Identify a prohibited interest in a government contact.

• Recognize prohibited acts and inappropriate gifts to give to public officials and employees.

• Recognize a prohibited use of a public resource.

• Give examples of when nepotism exists, and when the hiring of immediate family members is prohibited.

• Explain the investigation and hearing process of the Nebraska Accountability and Disclosure Commission, including the confidentiality provisions of the NPADA.

Speaker:Frank Daley, Nebraska Accountability and Disclosure Commission

Wednesday, July 11, 201810:00 am - 12:15 pmHruska Law Center

635 S 14th Street, Lincoln

NE MCLE Accreditation#158619 (Regular/live)

#158618 (Distance learning)2 CLE ethics hours

Attend live or via live webcast

$130 - Regular registration$100 - NSBA dues-paying

memberFree - 2 free ethics credits

(NSBA dues-paying member benefit)

Free - Law students

www.nebar.com

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THE WORK OF THE NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION:

What You Ethically Need to Know This synopsis has been prepared for attorneys who represent governmental entities on the state and local levels. The Nebraska Political Accountability and Disclosure Act (NPADA) includes provisions on conflicts of interest, interest in contracts, permissible uses of public resources and the hiring of family members. It is important to be aware that not all provisions of the NPADA are applicable to all public officials and employees. This outline is not an exhaustive review of all of the provisions of the ethics portions of the NPADA. It merely highlights important concepts. Review of the appropriate statute is always recommended. I. CONFLICT OF INTEREST. WHAT IS IT?

A. A public official or public employee has a potential conflict of interest if he or she, in the discharge of his or her official duties, would be required to take any action or make any decision that may cause financial benefit or detriment to him or her, a member of his or her immediate family, or a business with which he or she is associated, which is distinguishable from the effects of such action on the public generally, or a broad segment of the public.

B. Immediate family member, defined. Immediate family member means a

child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes. (Reference §49-1425).

C. Business, defined. Business means any corporation, partnership, limited

liability company, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust, activity, or activity. (Reference: §49-1407) NOTE: The definition does not distinguish between for-profit and non-profit entities.

D. Business with which the individual is associated or business association,

defined. Business with which the individual is associated or business association means a business: 1) in which the individual is a partner, limited liability company member, director or officer; 2) in which the individual or a member of the individual's immediate family is a stockholder of closed corporation stock worth $1,000 or more at fair market value or which represents more than a 5% equity interest, or is a stockholder of publicly traded stock worth $10,000 or more at fair market value or which represents more than a 10% equity interest. (Reference §49-1408).

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II. OTHER CONSIDERATIONS

A. Any financial benefit or detriment must be distinguishable from that experienced by the general public or a broad segment of it.

B. The financial benefit or detriment must be reasonably foreseeable. It is not reasonably foreseeable if the financial effect is remote, contingent, speculative or uncertain. (Commission Advisory Opinion #179)

III. CONTROLLING CONFLICT OF INTEREST STATUTES

A. §49-1499- Members of the Legislature

B. §49-1499.02- Public officials and public employees in the Executive Branch of State Government

C. §49-1499.03(1)- Elected county officials, Lincoln/Omaha mayors and

council members, officers and directors of public power districts and certain others

D. §49-1499.03(2)- Elected city and village officials (except Lincoln and

Omaha) and elected school officials IV. WHAT TO IF THERE IS A POTENTIAL CONFLICT OF INTEREST

A. If a public official or public employee has a potential conflict of interest as described above, he/she must prepare a written statement describing the matter requiring action or decision, the nature of the potential conflict and the potential financial effect.

B. This may be done on NADC Form C-2 entitled Statement of Potential

Conflict of Interest. File statement with the Commission.

C. Elected city/village officials (except Lincoln and Omaha) and elected school officials should use NADC Form C-2A and file with the person who keeps records for the city, village or school.

V. WHAT DOES THE COMMISSION DO?

A. Members of the Legislature- The Commission acknowledges the receipt of the filing. The Commission cannot direct Legislators with a conflict to abstain from participating or voting. §49-1499(2).

B. Filers pursuant to §§49-1499.02 and 49-1499.03(1)- If the Commission determines that there is no conflict of interest, it will so advise the filer in

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writing and state that the filer may participate and vote on the matter as he/she sees fit. If the Commission determines that there is a conflict, it will direct the filer to abstain from participating or voting on the matter.

C. Filers pursuant to §49-1499.03(2) file with person who keeps records for

their political subdivision. They are required to abstain from participating or voting. If they want an opinion from the Commission, they may also file with the Commission. If the Commission determines that there is no conflict of interest, it will so advise the filer in writing and state that the filer may participate and vote on the matter as he/she sees fit. If the Commission determines that there is a conflict, it will direct the filer to abstain from participating or voting on the matter.

PRACTICE TIP: When advising a client it is important to insure that you are applying the statutory provision that applies to the public position the client holds. SCENARIO: At its next meeting the County Board will consider an application by the local chapter of the Order of the Puma, a fraternal organization, for a liquor license. John is the vice-president of the chapter. He is also a member of the County Board. Prior to the meeting John considers the matter thoroughly and concludes that the granting or denial of the application will have no financial effect on him. Therefore, he votes on the matter of granting the application. Violation: John has violated §49-1499.03(1) which defines a conflict of interest as a situation in which the official is faced with taking an action or making a decision which could result in a financial benefit or detriment to the official, a member of his or her immediate family, or a business with which the he or she is associated. Section 49-1407 defines the term business. It does not distinguish between for profit and non-profit entities. Section 49-1408 provides in part that an individual has a business association with an entity if he is an officer or director of an entity. John, therefore, has a conflict of interest. He should have filed a written disclosure with the Nebraska Accountability and Disclosure Commission. John would then be required to follow such advice as the Commission prescribes. Typically, the Commission will direct the official to abstain from participating or voting in the matter in which he has a conflict. PRACTICE TIP: Even when it is clear that there is not a legal conflict of interest as defined, sometimes members of the public perceive a conflict. Under such circumstances it may be useful to file a statement with the Commission so as to generate a letter from the Commission stating there is no conflict. Advisory Opinion #202: Commission Advisory Opinion #202 issued in 2017 states that it is not a conflict of interest for a county board member to vote for himself or herself for county board chair even if the position includes a higher salary.

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Advisory Opinion #203: Commission Advisory Opinion #203 issued in 2017 states that: a) a school board member may not vote to pay for reimbursement of expenses to himself or herself; and b) a school board member who is also a member of the board of directors Nebraska Association of School Boards may not, as a school board member, vote on matters that have a financial effect on the association. Advisory Opinion #204: Commission Advisory Opinion #204 issued in 2018 states: a) a county board member who also serves on the board of directors of the Nebraska Association of County Officials may vote on a county budget even if the budget includes an appropriation for dues which could later be used to pay dues to NACO; and b) a county board member who also serves on the board of directors of the Nebraska Association of County Officials may not vote to pay dues to NACO.

VI. INTEREST IN A CONTRACT-SPECIFIC POLITICAL SUBDIVISIONS (§49-14,103.01)

A. Applies to “officers” who are defined as:

1. A member of an NRD board

2. A member of any board of any county, school district, city or village

which spends its own funds

3. Any elected county, school district, educational service unit, city, or village official

4. A member of the board of directors of a hospital district or county

hospital

B. An officer may not have an interest in a contract with his or her governing body unless: 1. The contract is an agenda item at a meeting of the governing body;

2. The officer makes a declaration on the record of his or her interest prior

to consideration of the contract by the governing body. This may be done orally as long as it is made part of the minutes or in writing (you may use NADC Form C-3);

3. The officer does not vote on the matter of granting the contract, making

payment under the contract or similar matters

C. An officer has an interest in a contract if the officer, his parent, spouse or child or a business association of any of them would receive a fee or commission as the result of contract

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D. A contract entered into in violation of this section is voidable.

PRACTICE TIP: Be sure your government clients understand that the purchase or sale of goods and services is a contract even if there is nothing in writing. Many inadvertent violations occur because public officials mistakenly believe that the term contract applies to a document rather than a transaction. SCENARIO: The city council decides to build a storage shed in the city park. Jones is a member of the city council and owns the only lumberyard in the city. Jones agrees to sell the needed materials to the city for $1,500. The contract is an agenda item at an open public meeting and the city council approves the contract. Jones abstains from participating or voting on the matter.

Violation: Yes. Jones failed to make a disclosure of his interest in the contract. He may make the disclosure at the meeting as long as it is made part of the record or by filing a written disclosure statement with the city clerk.

E. Receiving deposits, cashing of checks, and buying and selling of warrants

and bonds of indebtedness is not considered a contract for the purposes of this section. [§49-14,103.01(7)]

F. If the officer’s parent, spouse or child is an employee of the city, village,

county, school district, NRD, et cetera, the board member may vote on all issues of the contract which are generally applicable to (1) all employees or (2) all employees within a classification and do not single out his or her parent, spouse, or child for special action. [§49-14,103.01(8)]

NOTE: It is important to comply with the NPADA provisions relating to an interest in a contract. A contract entered into in violation of these provisions may be declared void by a court. NOTE: A person required to disclose an interest in a contract pursuant to §49-14,103.01, is not required to disclose the same matter pursuant to §49-1499.03. Contracts subject to §49-14,103.01 are not subject to §49-14,102.

VII. INTEREST IN A CONTRACT-GENERAL (§49-14,102)

A. No public official or public employee, a member of that individual's immediate family or business with which the individual is associated shall enter into a contract valued at $2,000 or more, in any one year, with a governmental body unless;

1. The contract is awarded through an open and public process.

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2. The contract is not divided for the purpose of evading the $2,000 limit.

B. Such an interest in a contract renders the contract voidable. (Reference

§49-14,103).

C. Be aware of any statutory provisions that apply specifically to an agency or political subdivision. Also be aware of agency rules and regulations or local ordinances on this subject.

Practice Tip: The term open public process can be as simple as having the matter listed as an agenda item at a public meeting. This can be problematic for a state agency for which there is no board or commission. The Commission is available for consultation to assist in formulating an “open public process”. VIII. PROHIBITED ACTS and GIFTS (Reference §49-14,101)

A. Application - Applies to all non-federal public employees and all non-federal public officials in the State of Nebraska.

B. No person shall offer or give to the following persons anything of value,

including a gift, loan, contribution, reward, or promise of future employment, based on an agreement that the vote, official action or judgment of any public official, public employee or candidate would be influenced thereby:

1. A public official, public employee or candidate;

2. A member of the immediate family of any of the foregoing individuals;

3. A business with which any of the foregoing individuals is associated.

D. None of the following persons shall solicit or accept anything of value,

including a gift, loan, contribution, reward or promise of future employment based upon an agreement that the vote, official action, or judgment of the public official, public employee or candidate would be influenced thereby:

1. A public official, public employee or candidate;

2. A member of the immediate family of any of the foregoing individuals;

3. A business with which any of the foregoing individuals is associated.

E. State employees or officials in the executive or legislative branches of state government are prohibited from accepting gifts with a value of

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more than $50 in a calendar month from a lobbyist or a principal (the person or group which hires a lobbyist). The Office of the Clerk of the Legislature maintains a list of lobbyists and principals on its website. Exceptions to the $50 gift limit include food and drink for immediate consumption and occasional transportation within the State of Nebraska. (Ref. §49-1490) See also the definition of gift at §49-1423.

IX. PROHIBITED USE OF PUBLIC RESOURCES (Ref. §49-14,101.01)

A. No public official or public employee shall use or authorize the use of that person's public office or any confidential information received through the holding of a public office to obtain financial gain, other than compensation provided by law, for himself or herself, a member of his or her immediate family or a business with which the individual is associated.

B. No public official or public employee shall use or authorize the use of

personnel, resources, property or funds under that individual's official care and control, other than in accordance with prescribed constitutional, statutory, and regulatory procedures, for personal financial gain, financial gain of his or her immediate family, or financial gain of a business association other than for compensation provided by law.

C. Incidental or de minimis use of public resources is not a violation (§49-14,101.03)

D. A public official shall not accept a gift of travel or lodging or reimbursement

for travel or lodging if the gift is made so that a member of the official’s immediate family can accompany him or her in the performance of his or her official duties

E. An immediate family member of a public official shall not accept a gift of

travel or lodging or reimbursement for travel or lodging if the gift is made so that the immediate family member can accompany the public official in the performance of his or her official duties.

SCENARIO: Sam Brown is a Village Board Member who owns a home on the edge of town which backs up to a ravine. Sometimes after a heavy rain there is some erosion on his property. When this occurs he contacts the village employee who operates a mini track loader owned by the village. He instructs the employee to use the mini track loader to fill in the eroded area. It normally takes the employee about 30 minutes to accomplish this.

Violation: Sam Brown has violated §49-14,101.01(1) which provides that government resources may be used for government purposes only and may not be used for personal financial gain. This is also a use of government resources for non-government purposes.

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Requirements: Government resources may only be used for personal purposes if they are available to the general public. A public official may use them on the same basis as any other citizen. Example: a city owned photocopy machine with which any member of the public may make a copy for a specified price per page. X. PROHIBITED PRACTICES- CAMPAIGNING (Reference §49-14,101.02)

A. A public official or public employee shall not use or authorize the use of personnel, property, resources or funds under his or her official care and control for the purpose of:

1. Campaigning for or against the nomination or election of a

candidate; or 2. Campaigning for or against the qualification, passage or defeat of a

ballot question.

B. General Exceptions:

1. Public facilities may be made available for campaign purposes if the identity of the candidate or the support or opposition to the ballot question is not a factor in making the government facility available or a factor in determining the cost or conditions of use.

2. A governing body may discuss and vote upon a resolution supporting or

opposing a ballot question.

3. A public official (or public employee at his/her direction) may respond to specific inquiries from the press or the public regarding his or her opinion of a ballot question. A public official may provide information in response to a request for information.

4. A member of the Legislature is not prohibited from making use of public

resources to express his/her opinion about a candidate or a ballot question or from communicating that opinion. Mass mailings or communications are not permitted for this purpose.

5. An employee of the Legislature (under the direct supervision of a

Legislator) may use public resources for the purpose of researching or campaigning for or against the qualification, passage or defeat of a ballot question.

6. As to public officials other than Legislators, this section does not prohibit

a public official or a public employee under the supervision of a public official from using public resources to research and prepare materials to

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assist the government body in determining the effect of a ballot question on the government body. The material may be placed on an existing government website. Mass communications are not permitted.

7. A public employee may engage in campaign activities except during his

or her government work time or when otherwise engaged in his or her official duties.

8. Incidental or de minimis use of public resources is not a violation. (§49-

14,101.03) SCENARIO: John Jones is member of the city council. A statewide ballot question will be appearing on the general election ballot next month which changes the state constitution on the issue of property taxes. Jones believes city finances would be devastated if the ballot question were to pass. He goes home and uses his personal computer to compose a letter to the editor of the local newspaper. In the letter he gives 10 reasons to vote no on the ballot question. He urges readers to vote no on Election Day. Jones prints the letter off on his personal stationery. He signs it, John Jones, City Council Member. He mails the letter to the newspaper and sends a copy to the chairman of a citizens group which opposes the ballot question. He suggests to the chairman that the letter be used as the basis of a campaign brochure. Violation: No. Just because he is a city council member, Jones does not lose his right to free speech. He may take any position he wishes. He may speak and write on the merits of the ballot question. The prohibition is against using government resources, personnel, property or funds in opposing the ballot question. The use of personal resources is not prohibited. Section 49-14,101.02(11) specifically provides that the prohibition against the use of public resources does not prohibit a public official or public employee from identifying himself or herself by his or her official title. SCENARIO: The chairman of the pro-bond issue group calls Mayor Samantha Smith and asks to use the meeting room at City Hall for a meeting of the pro-bond issue group. The meeting room is frequently used for meetings of community groups. By written city policy, the meeting room may be used by community groups. It is made available on a first come, first served basis with official city activities taking priority. Outside groups must make reservations with the city clerk and pay a $10.00 fee. Smith states that the group may use the meeting room. She directs the chairman to the city clerk to make a reservation and advises him of the $10.00 fee. Violation: No, assuming that the meeting room would be made available under the same terms and conditions to the anti-bond issue group on request.

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Case Note: Vokal v. Nebraska Accountability and Disclosure Commission, 276 Neb. 988 (2009)- After an administrative evidentiary hearing, the Commission found that Vokal, the respondent, had used public resources for campaign purposes. James Vokal was an Omaha City Council Member seeking reelection. He had a campaign video produced, part of which was filmed in the city office assigned to him. On appeal, the Nebraska Supreme Court found that the production of a video portraying Vokal in his office did not constitute a “use” of public resources. This decision predates the current version of §49-14,101.02. Practice Note: Section 20-160 of the state statutes provides generally that unless otherwise prohibited by law, no employee of the state or a political subdivision shall be prohibited from participating in political activities except during office hours or when engaged in official duties. No employee may participate in political activities while wearing a uniform required by the state or a political subdivision. Practice Note: The federal Hatch Act restricts the political activities of federal employees and of certain state and local government employees who are paid with federal funds or who administer federal programs. The Commission does not administer or provide advice on the Hatch Act. For information see the website of the Office of Special Counsel of the U.S. Merit Systems Protection Board: https://osc.gov/pages/hatchact-affectsme.aspx XI. HIRING OF IMMEDIATE FAMILY MEMBERS-Political Subdivisions (§49-1499.04)

A. An official or employee of a political subdivision may hire, supervise the hiring of, or recommend the hiring of an immediate family member if:

1. He or she does not abuse his or her official position; 2. He or she makes a reasonable solicitation and consideration of

applications for employment. 3. He or she discloses the matter to the governing board of the political

subdivision. NADC Form C-4 may be used. 4. The governing board approves the hiring

B. Abuse of official position includes, but is not limited to, hiring an immediate family member who: 1. Is not qualified for or able to perform the duties of the position;

2. Is paid an unreasonably high salary;

3. Is not required to actually perform the duties

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SCENARIO: Brown is a village board member who is in charge of hiring a summer grounds keeper. The main duty of this position is to keep the grass cut on village property. Brown’s 18 year old son just graduated from high school and is looking for a summer job before he heads off to college in the fall. He is well qualified to perform the duties of the job. He has been maintaining the grounds around their farm for years using equipment similar to the village’s equipment. Brown carefully researches the going rate locally for people performing similar duties so as to ensure that the pay is commensurate with the tasks performed. His son has been a reliable worker who has always worked hard at any job he has ever held. Brown hires his son and files a written statement with the village clerk disclosing that he hired his son.

Violation: Yes. Brown has violated the NPADA. He has done many things correctly. His son is qualified to do the job, is not being overpaid and Brown expects his son to actually perform the duties. In addition, Brown has filed a written statement disclosing this matter. However, he failed to make a reasonable solicitation of applications for the position and the hiring was not approved by the village board.

In the event that an immediate family member was employed by the city or village prior to the time that a city council member, village board member or mayor was elected or appointed, the official shall make the required disclosure as soon as reasonably possible after taking office. (Use NADC Form C-4) [§49-1499.04(5)] SCENARIO: Johnson was recently elected to the county board. Her husband has been employed by the county road department for twenty years. On the day she takes office she files a written statement with the county clerk disclosing that her husband is employed by the county.

Violation: No. Johnson has complied with the law. NOTE: A person required to make a disclosure pursuant to §49-1499.04, is not required to disclose the same matter pursuant to §49-14,103.01 or §49-1499.03. XII. NEPOTISM (Reference §49-1499.07)

A. With certain exceptions, an official or employee in the executive branch of state government shall not engage in nepotism or act as a supervisor of a family member.

1. Nepotism is the act of hiring, promoting, or advancing a family

member in state government, including the initial appointment and transfer to other positions in state government.

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2. Supervisor is an individual having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline employees, responsibility to direct them and adjust their grievances or effectively recommend such action.

3. Family member is a spouse, child, parent, brother, sister, grandchild,

or grandparent by blood, marriage (in-laws), or adoption.

B. An official or employee of the executive branch of state government who becomes a supervisor to a family member (except by nepotism) shall notify the agency head within 7 days.

C. The agency head may grant an exception to the nepotism prohibition

upon a written showing of good cause filed with the Commission. XIII. ADVISORY OPINIONS and STAFF OPINIONS Any person who is in doubt as to the propriety of action proposed to be taken

by him or her may apply to the Commission for an advisory opinion. When an advisory opinion is issued in response to a complete and accurate request, such opinion shall be a complete defense to any charge of violation of the Nebraska Political Accountability and Disclosure Act as to any action taken strictly subject to the terms of such opinion. (Reference §49-14,100)

A staff opinion may be issued pursuant to a request. The staff of the

Commission will issue a staff opinion when the matter at issue is routine or well settled.

PRACTICE TIP: A formal advisory opinion may only be issued by the Commission acting as a body. The Commission meets six to eight times per year. Therefore, several months may elapse between the receipt of the request for the opinion and the issuance of the opinion. A staff opinion may be issued more readily as it does not require action by the Commission as a body. An advisory opinion is binding on the Commission. A staff opinion is not. XIV. THE COMMISSION

A. The Commission consists of 8 appointed Commissioners and the Secretary of State. (§49-14,111 et seq.)

B. The NPADA requires that the Commission be balanced both politically and geographically.

C. Each appointed Commissioner serves a single six year term and is not

eligible for reappointment. If a Commissioner is appointed to an unexpired term, he or she may be appointed to a subsequent six year term.

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D. Appointed Commissioners receive no pay, but are reimbursed for actual

and necessary expenses.

XV. THE INVESTIGATION AND HEARING PROCESS (§49-14,124)

A. An investigation may be commenced: 1) Upon receipt of a sworn complaint;

2) Upon the Commission’s own motion;

3) By the Executive Director

B. If there is a complaint, it must be signed under oath and allege facts that

if true could constitute a violation of the NPADA. If it does not meet this test, the matter is dismissed.

C. The respondent is notified in writing of the commencement of the investigation and the nature of the allegation. If there is a sworn complaint, the respondent is sent a copy.

Practice Tip: The Commission has a complaint form which may be used. It is not available on-line. Those wishing to file a complaint are encouraged to first consult with the Commission’s General Counsel. D. The Commission’s General Counsel directs the investigation and

prepares a report. E. Based upon the report, the Commission may:

1) Find no probable cause to believe a violation has occurred and dismiss the matter;

2) Find probable cause to believe a violation has occurred and refer the matter for hearing; or

3) Instruct the staff to continue the investigation.

F. The evidentiary hearing is conducted before a hearing officer

1) The hearing is governed by the Administrative Procedures Act

2) The Rules of Evidence do not apply unless requested by a party

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3) Upon conclusion of the hearing, the hearing officer prepares recommended findings of fact and conclusions of law

G. Commission deliberations and order

(1) Each Commissioner receives a copy of the hearing officer’s

recommendations and a copy of the bill of exceptions.

(2) The Commission deliberates outside of the presence of Commission staff

(3) The Commission may adopt the hearing officer’s findings of fact and

conclusions of law or it may adopt different findings and conclusions as it deems appropriate based upon the record of the hearing.

(4) If the Commission finds that a violation has occurred, it may assess

a civil penalty of up to $2,000 per violation, enter a cease and desist order or direct the filing of any report or statement required by the NPADA. (§49-14,126)

(5) Commission decisions are appealable to the District Court pursuant

to the Administrative Procedures Act (§49-14,131)

XVI CONFIDENTIALITY PROVISIONS OF THE NPADA (§49-14,124.01)

A. By law the Commission’s investigations and hearings are confidential

B. Commission investigations and hearings become public if:

1) The respondent invokes his or her right to make the matter public; or

2) The Commission enters an order finding that a violation has occurred.

XVII. CIVIL PENALTIES AND CRIMINAL PENALTIES Violations of the provisions of the Nebraska Political Accountability and

Disclosure Act can result in civil penalties being assessed by the Commission or in criminal penalties upon conviction by a court of competent jurisdiction.

A. Civil Penalties - The Commission can assess up to $2,000 for each

violation.

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B. Criminal Penalties - The penalties for violation of the Act range from a Class V Misdemeanor ($100 fine) to a Class IV Felony (5 years imprisonment, a $10,000 fine, or both)

It is the policy of the Nebraska Accountability and Disclosure Commission to assist public officials and public employees in complying with the provisions of the Act. A public official or public employee should always feel free to the contact the Commission office if he or she has a question about any part of the Nebraska Political Accountability and Disclosure Act. The Commission staff is willing to consult with state agency or political subdivision legal counsel.

Nebraska Accountability and Disclosure Commission P.O. Box 95086 Lincoln, NE 68509 (402) 471-2522 Web site: www.nadc.nebraska.gov Office location: 1225 L Street, Suite 400 (do not send mail to this address) 7/11/18

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