Nebraska Statutes 49-14,104. Official or full-time employee of executive branch; not to represent a person or act as an expert witness; when; violation; penalty
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(1) An official or full-time employee of the executive branch of state government shall not represent a person or act as an expert witness for compensation before a government body when the action or nonaction of the government body is of a nonministerial nature, except in a matter of public record in a court of law.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 49-14,104
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Compensation: shall mean anything of monetary value received or to be received from a person, whether in the form of a fee, salary, forbearance, forgiveness, or any other form of recompense. See Nebraska Statutes 49-1414
- Government body: shall mean an authority, department, commission, committee, council, board, bureau, division, office, legislative body, or other agency in the executive, legislative, or judicial branch of state government or of one or more political subdivisions thereof or a school district, state college, state university, or other state-supported institution of higher education. See Nebraska Statutes 49-1424
- Nonministerial: shall mean an action other than an action which a person performs in a prescribed manner under prescribed circumstances in obedience to the mandate of legal authority, without the exercise of personal judgment regarding whether to take the action. See Nebraska Statutes 49-1435
- Person: shall mean a business, individual, proprietorship, firm, partnership, limited liability company, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or other organization or group of persons acting jointly. See Nebraska Statutes 49-1438
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) This prohibition shall not apply to an official or employee acting in an official capacity.
(3) Any person violating this section shall be guilty of a Class III misdemeanor.
Source
- Laws 1976, LB 987, § 104;
- Laws 1977, LB 41, § 56;
- Laws 2005, LB 242, § 52.