The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any Municipality by a financial institution shall not be considered a contract under the provisions of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. Notwithstanding the provisions of Subsections A through C above, if an officer's parent, spouse or child is an employee of the Municipality, the officer may vote on all issues of the contract which are generally applicable to all employees or all employees within a classification and do not single out his or her parent, spouse, or child for special action. If an officer has the power to employ personnel and he or she hires his or her parent, spouse, or child, such officer shall disclose the hiring pursuant to Subsections 1 through 5 below, except that if the parent, spouse, or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the Municipality.
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The Municipal Clerk shall maintain, separately from other records, a ledger containing the information listed in Subsections 1 through 5 of this section about every contract entered into by the Municipality in which an officer has an interest as specified above for which disclosure is made as provided in Subsections A through C above. Such information shall be kept in the ledger for five years from the date of the officer's last day in office and shall include the:
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1.
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Names of the contracting parties;
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2.
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Nature of the interest of the officer in question;
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3.
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Date that the contract was approved by the Municipality involved;
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4.
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Amount of the contract; and
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5.
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Basic terms of the contract.
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The information supplied relative to the contract shall be provided
to the Clerk not later than 10 days after the contract has been signed
by both parties. The ledger kept by the Clerk shall be available for
public inspection during the normal working hours of the office in
which it is kept.
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An open account established for the benefit of any Municipality
or entity thereof, with a business in which an officer has an interest,
shall be deemed a contract subject to the provisions of this section.
The statement required to be filed pursuant to this section shall
be filed within 10 days after such account is opened. Thereafter,
the Clerk shall maintain a running account of all amounts purchased
on the open account. Purchases made from petty cash or a petty cash
fund shall not be subject to the provisions of this section.
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Any officer who knowingly violates the provisions of Sections
49-14, 103.01 through 49-14,103.03 RS Neb., shall be guilty of a Class
III misdemeanor. Any officer who negligently violates Sections 49-14,
103.01 through 49-14, 103.03 RS Neb. shall be guilty of a Class V
misdemeanor.
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The Municipality may enact ordinances exempting from the provisions
of this section, contracts involving $100 or less in which an officer
of such Municipality may have an interest.
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No officer, including volunteer firefighters and ambulance drivers,
shall receive any pay or perquisites from the Municipality other than
his or her salary. The Governing Body shall not pay or appropriate
any money or other valuable thing to pay a person who is not an officer
for the performance of any act, service, or duty, which shall come
within the proper scope of the duties of any officer of the Municipality.
(Ref. 17-611, 18-305 through 18-312, 49-14,103.01 through 49-14, 103.03,
70-624.04 RS Neb.)
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