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Code · Nebraska · Chapter 49 — Law

49-1499.03. Political subdivision; public official or employee; discharge of official duties; potential conflict; actions required; applicability.

993 words·~5 min read·/ne/chapter-49/49-1499-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) An official of a political subdivision designated in section 49-1493 who would be required to take any action or make any decision in the discharge of his or her official duties 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, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner:
(i)Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict; and
(ii)Deliver a copy of the statement to the commission and to the person in charge of keeping records for the political subdivision who shall enter the statement onto the public records of the political subdivision.
(b)The official shall take such action as the commission shall advise or prescribe to remove himself or herself from influence over the action or decision on the matter.
(c)This subsection does not prevent such a person from making or participating in the making of a governmental decision to the extent that the individual's participation is legally required for the action or decision to be made. A person acting pursuant to this subdivision shall report the occurrence to the commission.
(2)(a) Any public official of any political subdivision not designated in section 49-1493 who would be required to take any action or make any decision in the discharge of his or her official duties 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, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner:
(i)Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict;
(ii)Deliver a copy of the statement to the person in charge of keeping records for the political subdivision who shall enter the statement onto the public records of the political subdivision; and
(iii)Except as otherwise provided in subsection
(3)of this section, abstain from participating or voting on the matter in which the public official has a conflict of interest.
(b)The public official may apply to the commission for an opinion as to whether the person has a conflict of interest.
(3)(a) This section does not prevent a public official of any political subdivision from making or participating in the making of a governmental decision:
(i)To the extent that the individual's participation is legally required for the action or decision to be made; or
(ii)If the potential conflict of interest is based on a business association and
(A)such business association is an association of such political subdivisions,
(B)the political subdivision is a member of such association, and
(C)the business association exists only as the result of such public official holding office.
(b)A public official of any city subject to subsection
(1)of this section who is acting pursuant to this subsection shall report the occurrence as provided in subdivisions (1)(a)(i) and
(ii)of this section.
(c)A person subject to subsection
(2)of this section who is acting pursuant to this subsection shall report the occurrence as provided in subdivisions (2)(a)(i) and
(ii)of this section.
(4)(a) Any employee of a political subdivision whose annual salary and benefits exceed one hundred fifty thousand dollars and who would be required to take any action or make any decision in the discharge of his or her official duties 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, shall take the following actions as soon as he or she is aware of such potential conflict or should reasonably be aware of such potential conflict, whichever is sooner:
(i)Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict;
(ii)Deliver a copy of the statement to the person in charge of keeping records for the political subdivision who shall enter the statement onto the public records of the political subdivision; and
(iii)Except as otherwise provided in subdivision (4)(c) of this section, abstain from participating in the matter in which the employee has a conflict of interest.
(b)An employee described in subdivision (4)(a) of this section may apply to the commission for an opinion as to whether he or she has a conflict of interest.
(c)This subsection does not prevent an employee described in subdivision (4)(a) of this section from making or participating in the making of a governmental decision to the extent that the employee's participation is legally required for the action or decision to be made. An employee who is acting pursuant to this subdivision shall report the occurrence as provided in subdivisions (4)(a)(i) and
(ii)of this section.
(5)Matters involving an interest in a contract are governed either by sections 49-14,102 and 49-14,103 or by sections 49-14,103.01 to 49-14,103.06 . Matters involving the hiring of an immediate family member are governed by section 49-1499.04 . Matters involving nepotism or the supervision of a family member by an official or employee in the executive branch of state government are governed by section 49-1499.07 .
(6)This section does not apply to a sanitary and improvement district.
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