49-1499.03 Political subdivision personnel; school board; discharge of official duties; potential conflict; actions required; nepotism; restrictions on supervision of family members. - Nebraska Statutes

49-1499.03. Political subdivision personnel;school board; discharge of official duties; potential conflict; actions required; nepotism; restrictions on supervisionof family members.(1)(a) An official of a politicalsubdivision designated in section 49-1493 who would be required to take anyaction or make any decision in the discharge of his or her official dutiesthat may cause financial benefit or detriment to him or her, a member of hisor 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 generallyor a broad segment of the public, shall take the following actions as soonas he or she is aware of such potential conflict or should reasonably be awareof such potential conflict, whichever is sooner:(i) Prepare a written statement describing the matter requiring actionor decision and the nature of the potential conflict; and(ii) Deliver a copy of the statement to the commission and to the personin charge of keeping records for the political subdivision who shall enterthe statement onto the public records of the subdivision.(b) The official shall take such action as the commission shall adviseor prescribe to remove himself or herself from influence over the action ordecision on the matter.(c) This subsection does not prevent such a person from making or participatingin the making of a governmental decision to the extent that the individual'sparticipation is legally required for the action or decision to be made. Aperson acting pursuant to this subdivision shall report the occurrence tothe commission.(2)(a) Any person holding an elective office of a city or village notdesignated in section 49-1493 and any person holding an elective office ofa school district who would be required to take any action or make any decisionin the discharge of his or her official duties that may cause financial benefitor detriment to him or her, a member of his or her immediate family, or abusiness with which he or she is associated, which is distinguishable fromthe effects of such action on the public generally or a broad segment of thepublic, shall take the following actions as soon as he or she is aware ofsuch potential conflict or should reasonably be aware of such potential conflict,whichever is sooner:(i) Prepare a written statement describing the matter requiring actionor decision and the nature of the potential conflict;(ii) Deliver a copy of the statement to the person in charge of keepingrecords for the city, village, or school district who shall enter the statementonto the public records of the city, village, or school district; and(iii) Abstain from participating or voting on the matter in which theperson holding elective office has a conflict of interest.(b) The person holding elective office may apply to the commission foran opinion as to whether the person has a conflict of interest.(3) Matters involving an interest in a contract are governed eitherby 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 bysection 49-1499.04. Matters involving nepotism or the supervisionof a family member by an official or employee in the executive branch of stategovernment are governed by section 49-1499.07. SourceLaws 2001, LB 242, § 14; Laws 2005, LB 242, § 42; Laws 2009, LB322, § 3.