49-14,103.01. Officer, defined; interest in contract prohibited; when.
(1) For purposes of sections 49-14,103.01 to 49-14,103.06, unless the context otherwise requires, officer means (a) a member of the board of directors of a natural resources district, (b) a member of the board of directors of a district organized under Chapter 70, (c) a member of any board or commission of any county, school district, city, or village which spends and administers its own funds, who is dealing with a contract made by such board or commission, (d) any elected county, school district, educational service unit, city, or village official, and (e) a member of any board of directors or trustees of a hospital district as provided by the Nebraska Local Hospital District Act or a county hospital as provided by sections 23-3501 to 23-3519. Officer does not mean volunteer firefighters or ambulance drivers with respect to their duties as firefighters or ambulance drivers.
(2) Except as provided in section 49-1499.04 or 70-624.04, no officer may have an interest in any contract to which his or her governing body, or anyone for its benefit, is a party. The existence of such an interest in any contract shall render the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment of such contract with actual knowledge of the prohibited conflict.
(3) An action to have a contract declared void under this section may be brought by the county attorney, the governing body, or any resident within the jurisdiction of the governing body and shall be brought within one year after the contract is signed or assigned. The decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor, or services furnished under the contract, to the extent that the governing body has benefited thereby.
(4) The prohibition in this section shall apply only when the officer or his or her parent, spouse, or child (a) has a business association as defined in section 49-1408 with the business involved in the contract or (b) will receive a payment, fee, or commission as a result of the contract.
(5) The prohibition in this section does not apply if the contract is an agenda item approved at a board meeting and the interested officer:
(a) Makes a declaration on the record to the governing body responsible for approving the contract regarding the nature and extent of his or her interest prior to official consideration of the contract;
(b) Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the governing body declaring an interest in the contract would prevent the body with all members present from securing a quorum on the issue, then all members may vote on the matters; and
(c) Does not act for the governing body which is party to the contract as to inspection or performance under the contract in which he or she has an interest.
(6) The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any such governing body by a financial institution shall not be considered a contract for purposes of this section. The ownership of less than five percent of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section.
(7) If an officer's parent, spouse, or child is an employee of his or her governing body, the officer may vote on all issues of the contract which are generally applicable to (a) all employees or (b) all employees within a classification and do not single out his or her parent, spouse, or child for special action.
(8) Section 49-14,102 does not apply to contracts covered by sections 49-14,103.01 to 49-14,103.06.
(9)(a) This section does not prohibit a director of a natural resources district from acting as a participant in any of the conservation or other general district programs which are available for like participation to other residents and landowners of the district or from granting, selling, or otherwise transferring to such district any interest in real property necessary for the exercise of its powers and authorities if the cost of acquisition thereof is equal to or less than that established by a board of three credentialed real property appraisers or by a court of competent jurisdiction in an eminent domain proceeding.
(b) District payments to a director of a natural resources district of the market value for real property owned by him or her and needed for district projects, or for cost sharing for conservation work on such director's land or land in which a director may have an interest, shall not be deemed subject to this section.
Source
Cross References
Structure Nebraska Revised Statutes
49-101 - Common law; applicability.
49-201 - Constitutional amendments; proposal by Legislature; resolution.
49-202 - Amendments proposed by Legislature; publication.
49-202.01 - Amendments proposed by Legislature; explanatory statement; requirements.
49-203 - Amendments proposed by Legislature; manner of submission.
49-204 - Amendments proposed by Legislature; election; returns; canvass.
49-206 - Amendments; how enrolled and numbered; duties of Secretary of State.
49-208 - Amendments; official and sample ballots; printing.
49-209 - Amendments; form of ballots; when transmitted.
49-210 - Amendments; election; duties of county clerk or election commissioner.
49-211 - Failure of election officers to make returns; penalty.
49-212 - Constitutional convention; special election; delegates; number.
49-213 - Constitutional convention; proclamation; notice; how conducted; returns.
49-214 - Constitutional convention; candidates nominated by petition.
49-215 - Constitutional convention; candidates; petition; contents.
49-216 - Constitutional convention; petition; oath of signers.
49-217 - Constitutional convention; candidates; petition; statements as to candidates.
49-218 - Constitutional convention; candidates; petition; form.
49-219 - Constitutional convention; candidates; petitions; time of filing.
49-220 - Constitutional convention; candidates; nonpartisan primary; held, when.
49-221 - Constitutional convention; primary election; proclamation; notice; returns.
49-222 - Constitutional convention; delegates; assemble; time; place.
49-223 - Constitutional convention; delegates; vacancy; how filled.
49-224 - Constitutional convention; delegates; incumbent of public office not disqualified.
49-225 - Constitutional convention; rules and regulations; adopt.
49-226 - Constitutional convention; proceedings; debate; record.
49-227 - Constitutional convention; submission of proposals; time; form; manner.
49-228 - Constitutional convention; elections; Election Act applicable.
49-229 - Constitutional convention; delegates; election; ballots; printing; distribution.
49-230 - Constitutional convention; delegates; compensation.
49-232 - Constitutional convention; preliminary survey committee; appointment; duties.
49-233 - Constitutional convention; preliminary survey committee; expenses.
49-235 - Amendments proposed by the Legislature; special election; vote of members; date held.
49-237 - Amendments proposed by the Legislature; special election; expenses; appropriate funds.
49-238 - Amendments proposed by the Legislature; special election; how conducted.
49-301 - Repeal of statutes; pending actions not affected.
49-302 - Repeal of law repealing former law; effect.
49-303 - Repeal of statutes; deferred operative date; effect.
49-501 - Session laws and journals; distribution by Secretary of State.
49-501.01 - Session laws and journal; Clerk of the Legislature; compile; contents.
49-503 - Requisition by county clerk.
49-504 - Copies in possession of county officers; delivery to successors.
49-505 - Distribution to public libraries.
49-506 - Distribution by Secretary of State.
49-507 - Distribution by State Librarian.
49-508 - Distribution to new members of Legislature.
49-509 - Session laws and journals; sale; price; proceeds; disposal.
49-509.01 - Session laws; journals; sale.
49-617 - Printing of statutes; distribution of copies.
49-701 - Revisor of Statutes; office created.
49-702 - Revisor of Statutes; duties.
49-703 - Transferred to section 24-211.03.
49-704 - Revisor of Statutes; printing contracts; approval; number of volumes.
49-765 - Revisor of Statutes; reissuance of volumes; duties.
49-769 - Section of statutes; not correlated; reconcilable; Revisor of Statutes; duties.
49-770 - Section of statutes; not correlated; not reconcilable; Revisor of Statutes; duties.
49-771 - Revisor of Statutes; obsolete sections; compilation; duties.
49-801 - Statutes; terms, defined.
49-801.01 - Internal Revenue Code; reference.
49-802 - Statutes; general rules of construction.
49-804 - Appropriations; validity; requirements.
49-805 - Appropriations; failure to meet criteria; effect.
49-805.01 - Appropriations from state treasury; specific sums.
49-806 - Statutes; list of section numbers; rules of construction.
49-807 - Power of attorney; powers relating to rights of survivorship and beneficiary designations.
49-901 - Commission on Uniform State Laws; creation; members; terms.
49-901.01 - Revisor of Statutes; membership.
49-902 - Members; vacancy in office; filled by Governor.
49-903 - Members; meetings; officers, terms of office.
49-905 - Members; expenses; support of conference; appropriation by Legislature.
49-1201 - Presumption of mailing.
49-1202 - Registered, certified mail; record authenticated; evidence of mailing.
49-1203 - Saturday, Sunday, nonjudicial day, legal holiday; next business day; performance; effect.
49-1301 - Standard time for Nebraska.
49-1302 - Daylight time; when.
49-1402 - Legislative findings.
49-1403 - Definitions, where found.
49-1404 - Administrative action, defined.
49-1405 - Ballot question, defined.
49-1406 - Ballot question committee, defined.
49-1408 - Business with which the individual is associated or business association, defined.
49-1410 - Candidate committee, defined.
49-1411 - Closing date, defined.
49-1412 - Commission, defined.
49-1414 - Compensation, defined.
49-1415 - Contribution, defined.
49-1417 - Elective office, defined.
49-1418 - Executive agency, defined.
49-1419 - Expenditure, defined.
49-1420 - Filed, filer, and filing official; defined.
49-1421 - Financial transaction, defined.
49-1422 - Fundraising event, defined.
49-1424 - Government body, defined.
49-1425 - Immediate family, defined.
49-1427 - Independent committee, defined.
49-1428 - Independent expenditure, defined.
49-1429 - Influencing, defined.
49-1430 - In-kind contribution or expenditure, defined.
49-1431 - Legislative action, defined.
49-1433.01 - Major out-of-state contributor, defined.
49-1434 - Principal, lobbyist, defined.
49-1435 - Nonministerial, defined.
49-1436 - Official in the executive branch, defined.
49-1437 - Official in the legislative branch, defined.
49-1439 - Political merchandise, defined.
49-1440 - Political party, defined.
49-1441 - Political party committee, defined.
49-1442 - Public employee, defined.
49-1443 - Public official, defined.
49-1443.01 - Relative, defined.
49-1444 - State elective office, defined.
49-1446.01 - Committee; certain expenditure of funds authorized.
49-1446.02 - Committee; certain expenditure of funds; prohibited.
49-1446.03 - Committee; expenditure of funds; authorized.
49-1446.04 - Candidate committee; loans; restrictions; civil penalty.
49-1446.06 - Transferred to section 49-1474.02.
49-1447 - Committee treasurer; statements or reports; duties; committee records; violation; penalty.
49-1448 - Commission; rules; purpose.
49-1449 - Committee; statement of organization; filing; procedure; late filing fees.
49-1450 - Committee; statement of organization; contents, enumerated.
49-1451 - Statement of organization; change; late filing fee.
49-1453 - Committee; dissolution; procedure.
49-1454 - Committee; campaign statement; filing; period covered.
49-1455 - Committee campaign statement; contents.
49-1456 - Committee account; income; how treated; loans.
49-1458 - Late contribution; how reported; late filing fee.
49-1459 - Campaign statements; filing schedule; statement of exemption.
49-1461 - Ballot question committee; campaign statement; filing dates.
49-1461.01 - Ballot question committee; surety bond; requirements; violations; penalty.
49-1462 - Committee; campaign statement; when filed; period covered.
49-1463 - Campaign statement; statement of exemption; violations; late filing fee.
49-1463.01 - Late filing fee; relief; reduction or waiver; when.
49-1463.02 - Late filing fees and civil penalties; interest.
49-1464 - Campaign statements of committees; where filed.
49-1465 - Campaign statement; verification statement; signature; requirements.
49-1466 - Dissolved candidate committee; unexpended funds; how treated.
49-1469.01 - Transferred to section 49-1476.
49-1469.02 - Transferred to section 49-1476.01.
49-1469.03 - Transferred to section 49-1476.02.
49-1469.04 - Transferred to section 49-1479.02.
49-1469.05 - Businesses and organizations; separate segregated political fund; restrictions.
49-1469.07 - Businesses and organizations; separate segregated political fund; status.
49-1469.08 - Businesses and organizations; late filing fee; violation; penalty.
49-1470 - Campaign statements; public information; copies, cost; duration kept.
49-1473 - Contributions; legal name of contributor; violation; penalty.
49-1474.01 - Political material; disclaimer requirements; violation; penalty.
49-1474.02 - Dissemination of message by telecommunication or electronic means; requirements.
49-1474.03 - Campaign advertisement; dissemination; applicability; requirements.
49-1475 - Contribution; intermediary or agent of contributor; disclosure; violation; penalty.
49-1476 - Lottery contractor; legislative findings.
49-1476.01 - Lottery contractor; contributions and expenditures prohibited; penalty.
49-1476.02 - Lottery contractor contribution; receipt prohibited; penalty.
49-1477 - Contributions from persons other than committee; information required; violation; penalty.
49-1478 - Expenditure; limitations; reports required; violations; penalty.
49-1478.01 - Late independent expenditure; reports required; late filing fee.
49-1479.01 - Earmarked contribution; requirements; report; late filing fee; violation; penalty.
49-1479.02 - Major out-of-state contributor; report; contents; applicability; late filing fee.
49-1479.03 - Foreign national; contribution to ballot question committee; prohibited; exception.
49-1480 - Lobbyist; registration; application; contents.
49-1480.01 - Application for registration; fee; collection; registration renewal.
49-1482 - Lobbyists and principals; registration fees; disbursement.
49-1483 - Lobbyist and principal; file separate statements; when; contents.
49-1483.02 - Statement; exemption from filing.
49-1483.03 - Lobbyist or principal; special report required; when; late filing fee.
49-1484 - Clerk of the Legislature; refer statements to commission; additional details.
49-1486 - Registration of lobbyists; period valid.
49-1488 - Registered lobbyist; statement of activity during regular or special session; when filed.
49-1488.01 - Statements; late filing fee; reduction or waiver; when.
49-1490 - Principal or lobbyist; prohibited acts relating to gifts; penalty.
49-1492 - Lobbying; prohibited practices; violation; penalty.
49-1493 - Individuals required to file a statement of financial interests.
49-1494 - Candidates for elective office; statement of financial interest; filing; time.
49-1496 - Statement of financial interests; form; contents; enumerated.
49-1497 - Financial institution, defined; irrevocable trust; how treated.
49-1499 - Legislature; discharge of official duties; potential conflict; actions required.
49-1499.02 - Executive branch; discharge of official duties; potential conflict; actions required.
49-1499.04 - Political subdivision; employment of family member; when; exception.
49-1499.05 - Official or employee; abuse of official position.
49-1499.06 - Nebraska Environmental Trust Board; abstention; when.
49-14,100 - Advisory opinions; application; effect.
49-14,101 - Public official, employee, candidate, and other individuals; prohibited acts; penalty.
49-14,102 - Contracts with government bodies; procedure; powers of certain cities; purpose.
49-14,103 - Contract; conflict of interest; voidable; decree.
49-14,103.01 - Officer, defined; interest in contract prohibited; when.
49-14,103.02 - Contract with officer; information required; ledger maintained.
49-14,103.03 - Open account with officer; how treated.
49-14,103.04 - Violations; penalties.
49-14,103.05 - Governing body; prohibit certain contracts.
49-14,103.06 - Governing body; exempt certain contracts.
49-14,103.07 - Filing of potential conflict of interest statement not required; when.
49-14,106 - Commission members; appointment.
49-14,107 - Memberships on commission; increased; when; manner.
49-14,108 - Commission; members; file a statement of financial interests; when.
49-14,109 - Legislative committee; conduct open hearings of persons appointed to the commission.
49-14,110 - Commission; appointments; legislative approval.
49-14,111 - Commission; members; terms.
49-14,112 - Commission; members; vacancy; how filled.
49-14,113 - Individual appointed to fill a vacancy; term.
49-14,114 - Commission; appointed members; prohibited acts; resignation required; when.
49-14,116 - Commission; members; removal; procedure.
49-14,117 - Commission; officers; duties.
49-14,118 - Commission; quorum.
49-14,119 - Commission; meetings; records; notice.
49-14,120 - Commission; members; expenses.
49-14,122 - Commission; field investigations and audits; purpose.
49-14,123 - Commission; duties.
49-14,123.01 - Commission; duty to provide information.
49-14,124 - Alleged violation; preliminary investigation by commission; powers; notice.
49-14,124.01 - Preliminary investigation; confidential; exception.
49-14,126 - Commission; violation; orders; civil penalty; costs of hearing.
49-14,127 - Mandamus to compel civil action; when.
49-14,128 - Reasonable attorney's fees; court order.
49-14,129 - Commission; suspend or modify reporting requirements; conditions.
49-14,131 - Appeal; procedure.
49-14,132 - Filings; limitation of use.
49-14,133 - Criminal prosecution; Attorney General; concurrent jurisdiction with county attorney.
49-14,134 - False statement or report; unlawful; penalty.
49-14,135 - Violation of confidentiality; perjury; penalty.
49-14,136 - Statute of limitations.
49-14,137 - Discipline of public officials or employees; effect of act.
49-14,138 - Local laws of political subdivisions; effect of act.
49-14,139 - Forms; distribution.
49-14,140 - Nebraska Accountability and Disclosure Commission Cash Fund; created; use; investment.
49-14,142 - Payment of civil penalty.
49-1804 - Validity of unsworn declaration.
49-1806 - Form of unsworn declaration.
49-1807 - Relation to Electronic Signatures in Global and National Commerce Act.