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Council deadlocks on city-employee fundraising amendment after NADC guidance cited
Summary
Council debate over an ordinance that would permit city employees to fundraise during work hours exposed legal risks: the Nebraska Accountability and Disclosure Commission (NADC) previously advised such campaigns may violate state law. Motions to place the ordinance on file and to approve an amendment each failed 3–3.
A proposed amendment to Omaha Municipal Code section 23-127 that would allow city employees to fundraise for nonprofit organizations during working hours sparked lengthy debate and failed to move forward at the June 1 council meeting.
The law department briefed the council that the Nebraska Accountability and Disclosure Commission had issued an advisory opinion in 2010 — and a staff opinion in 2026 — concluding that certain solicitations using public resources (including employee time) could violate state statute and be impermissible. City attorneys said the 2010 opinion was a full advisory opinion of the commission; the 2026 response was a staff-level opinion reviewed by the commission’s attorney and leadership. The law department said it had attempted to draft language intended to comply with applicable statute but acknowledged the NADC’s position raised legal risk.
Supporters — including representatives of the Professional Firefighters and some council members — described a long-standing tradition of firefighter-led charity fundraising (notably "Fill the Boot" for the Muscular Dystrophy Association) and urged a policy allowing certain activities. Opponents and several council members cautioned that violating the state statute could expose the city and individual employees to criminal penalties (class three misdemeanor) and that the council would be responsible for defending any challenge.
Council Member Row moved to place the measure on file and Council Member Hug seconded; that motion failed on a 3–3 roll call. A subsequent motion to approve an amendment of the whole likewise failed 3–3. The law department said it would defend any ordinance adopted by the council, but also noted limited department bandwidth and the potential need for outside counsel in complex litigation.
Because the NADC opinions and state statute remain in the record, council members said further work — including additional legal review and possible alternative approaches that avoid using city resources — would be required before moving forward.
