OPINION NUMBER - 028

ADOPTED - 1979/03/29

SUBJECT - The filing of Statements of Financial Interests upon leaving office.

REQUESTED BY: Dennis J. Mullin, Attorney, Department of Agriculture

QUESTION: Whether Assistant Directors of the Department of Agriculture must file Statements of Financial Interests when they have terminated employment?

CONCLUSION

Yes.

ANALYSIS

Section 49-1493 of the Nebraska Political Accountability and Disclosure Act provides that "The individuals listed in subdivisions (1) to (10) of this section shall file with the commission a statement of financial interests . . . for the preceding calendar year on or before April 1 of each year in which such individual holds such a position and further provides that "An individual who leaves office shall, within 30 days after leaving office, file a statement covering the period since the previous statement was filed."

The section goes on to provide that "Disclosure of the interest named in section 49-1496 to 49-1498 shall be made by: . . . (10) An official or employee of the state designated by rules and regulations of the commission . . ."

The Commission has adopted Amended Commission Rule 2 designating the following officials and employees of the Department of Agriculture to make such disclosure:

Director of Agriculture, Assistant Directors of Agriculture,

State Veterinarian, Deputy State Veterinarian, Division Heads,

Bureau Chiefs, Budget and Fiscal Officer.

Pursuant to the provisions of Section 49-1493 not only are these officials and employees required to file Statements of Financial Interests annually on or before April 1 but also upon leaving office. The designation of such persons pursuant to Amended Commission Rule 2 makes such officials and employees subject to all of the filing requirements of the Act including the filing of a copy of their Statements of Financial Interests with the election commissioners or county clerks of their counties of residence in addition to filing with the Commission.