Four local law enforcement personnel may have violated state law by appearing in an election campaign ad in uniform.
The Charles W. Herbster campaign told media last week it decided to pull one of the candidate’s television ads after legal questions arose about those who appeared in the ad – one of whom was Seward County Sheriff Mike Vance.
Herbster is running for Nebraska governor, and the ad showed several law enforcement officials in uniforms declaring their support for the candidate.
While state law says it is OK for public officials and employees to participate in election activities off-the-clock and not using taxpayer resources, it is vague on whether it is appropriate for them to do so while in uniform and while wearing the badge of office – items that are deemed public resources.
York County Sheriff Paul Vrbka and Lincoln County Sheriff Jerome Kramer also appear in uniform in the ad, along with York County Capt. Josh Gillespie, though captains are appointed, not elected. Former Nebraska State Patrol Col. Tom Nesbitt also appears in the ad, but not in uniform.
Frank Daley, executive director of the Nebraska Accountability and Disclosure Commission, said anyone found in violation of the Nebraska Accountability and Disclosure Act in any circumstance could be fined up to $5,000 per violation.
“If there is a member of the public that believes a violation of the Act has occurred, they are welcome to file a complaint with us, and we would follow up with that complaint,” Daley said.
He could not disclose whether a complaint had been filed about the campaign ad, as that process is confidential.
A request for comment from the Independent to Vance on March 18 went unanswered.
Daley referred to an opinion from 1994 as the official position of the Commission.
That opinion maintains that an elected county sheriff can’t engage in “overt and deliberate campaign activities” while in uniform.
They can, however, use photos of themselves in uniform in brochures and flyers.
That’s the most recent opinion, but current state law says public employees and officials are prohibited from using public resources to campaign for or against a candidate or ballot question.
The 1994 opinion considers a uniform a public resource.
When the Nebraska Accountability and Disclosure Commission receives a complaint or a request for an opinion, it will draft an opinion and allow for public input. Then, the full commission votes on the opinion.
