Summary
The Nebraska Supreme Court affirmed a district court judgment upholding the Nebraska Accountability and Disclosure Commission’s determination that Timothy Moore violated the Nebraska Political Accountability and Disclosure Act. The court held that Moore’s conduct and the surrounding circumstances established implied contracts with the Village of Madrid for additional work, triggering statutory disclosure and abstention requirements. Because Moore failed to list the contracts as agenda items, disclose his interest, and abstain from voting, the $500 civil penalty was affirmed.
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Practice areas
Questions Presented
- Whether the parties' conduct and surrounding circumstances established implied contracts between Moore and the Madrid Village Board for additional work in exchange for compensation at an hourly rate.
- Whether Moore's interest in those contracts triggered the disclosure and abstention requirements of Neb. Rev. Stat. § 49-14,103.01(5).
- Whether the district court's affirmance of the NADC decision conformed to law, was supported by competent evidence, and was neither arbitrary, capricious, nor unreasonable.
Holdings
- The parties' conduct and surrounding circumstances established implied contracts under which Moore performed additional work for the village in exchange for compensation at a set hourly rate.
- Because Moore was an officer of the Village Board and had an interest in contracts with the Village Board, he was subject to the statutory disclosure and abstention requirements.
- The district court's judgment affirming the NADC decision conformed to the law, was supported by competent evidence, and was neither arbitrary, capricious, nor unreasonable.
Key quotations
“We agree with the district court’s conclusion that the parties’ conduct and the surrounding circumstances demonstrate a mutual intent sufficient to show there was an implied contract to have Moore perform additional work for the village in exchange for compensation at a set hourly rate.” (316)
“He entered into contracts with the Village Board to perform additional work for the village in exchange for compensation at a set hourly rate.” (317)
Factual background
Timothy Moore served as chair of the Madrid Village Board from 1998 through 2016. In 2014, 2015, and 2016, he performed additional work for the village beyond his ordinary board duties and regularly submitted hourly payment requests that the Village Board approved and paid. Moore generally did not place the requests on the meeting agendas, declare his interest on the record, or abstain from voting on or approving them. The NADC determined that the parties' conduct established implied contracts and that Moore violated the disclosure and abstention requirements of Neb. Rev. Stat. § 49-14,103.01(5).
Procedural history
After an evidentiary hearing, the Nebraska Accountability and Disclosure Commission found that Moore, while chair of the Madrid Village Board, had an interest in implied contracts with the Village Board and violated the statutory disclosure and abstention requirements when seeking payment for additional work. The NADC imposed a $500 civil penalty. The Buffalo County District Court affirmed, and the Nebraska Supreme Court affirmed the district court's judgment.