OPINION NUMBER - 007

ADOPTED - 1978/02/103

SUBJECT - Statements of Financial Interests

REQUESTED BY: Richard T. Smith

QUESTION: As legal advisor to the City of Beatrice, the City of Beatrice Planning and Zoning Commission, the City of Beatrice Board of Adjustment, the Beatrice Airport Authority, the Beatrice Board of Public Works, and the mayor and city council of the

City of Beatrice, you have asked whether the officeholders and employees of these entities are required to file Statements of Financial Interests pursuant to the provisions of section 49-1493, R.S.Supp., 1976.

CONCLUSION: No.

ANALYSIS: None of the above are specifically listed as having to file such Statements of Financial Interests in Commission Rule 2 adopted January 18, 1978. City officeholders and employees are not included in the statutory designations set forth in section 49-1493.

The Beatrice Airport Authority is created and subject to the provisions of sections 3-501 et seq., R.R.S., 1943. Even though it has zoning powers, it is a "body corporate and politic, constituting a public corporation and an agency of the city" pursuant to section 3-502, and therefore it is not a land-use planning commission, zoning commission, or authority of the state or any county pursuant to the provisions of subdivision (8) of section 49-1493.

The City of Beatrice Planning and Zoning Commission and the City of Beatrice Board of Adjustment are created and subject to the provisions of sections 18-1301 et seq. and 19-901 et seq., R.R.S., 1943, and as such are authorities or agencies of the city, and therefore not subject to the provisions of section 49-1493(8).

The Beatrice Board of Public Works is created and subject to the provisions of section 16-325, R.R.S., 1943, and therefore an agency of the city, the duties of which are to make and supervise contracts for public works on behalf of the city. Therefore its members are not subject to the provisions of subdivisions (6) and (7) of section 49-1493.