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Council deadlocks on ordinance to permit city employees to fundraise during work hours after legal warning from NADC
Summary
A proposed amendment to allow city employees to fundraise for nonprofits during work hours drew intense debate over state ethics opinions and potential criminal exposure; the council ultimately failed to advance the ordinance after tied votes and motions to place it on file.
The Omaha City Council debated a proposed amendment to municipal code that would permit city employees to fundraise for nonprofit organizations during work hours. The measure, requested by the mayor's office and drafted by the law department, would have allowed limited on-duty fundraising by city employees for designated nonprofit causes.
City Law Department counsel explained that the Nebraska Accountability and Disclosure Commission (NADC) reviewed similar activity twice: an advisory opinion in about 2010 and a 2026 staff opinion. Counsel summarized the NADC's view that the 2010 opinion concluded a department-led "fill the boot" fundraising campaign did not fall within the city's mission and therefore used public resources for a private activity, which the NADC advised would not be permissible under state statute 49-14,1101(2). Counsel said the 2026 staff opinion reaffirmed that position and warned of legal exposure.
Council members expressed sharp disagreement over the policy and risk. Some members and firefighter representatives argued that the firefighters' longstanding charitable relationship (notably MDA "fill the boot") is common and that bans force firefighters to give up on-duty fundraising; Fire Department representatives said they already run many fundraisers and that operations would not be harmed. Law department counsel and several council members warned that violating the state statute could carry criminal penalties, including a class three misdemeanor, and that enforcement could come via the Nebraska Attorney General's office.
Council Member Row moved to place the ordinance on file; that motion passed to a tie and then was defeated after subsequent attempts to approve the ordinance as amended also failed on 3–3 votes. Council discussion emphasized legal risk and the possibility that the city law department might need outside counsel if a challenge followed.
