LINCOLN — The popular fund-raising campaign in which Omaha firefighters “fill the boot” to fight muscular dystrophy got the boot Friday by the Nebraska Accountability and Disclosure Commission.
The commission voted 5-1, with one abstention, to adopt a legal opinion that the campaign, conducted by firefighters while on duty, violates state law barring the use of public resources for private gain.
Omaha firefighters have conducted the campaign, held during Labor Day weekend in conjunction with the Jerry Lewis telethon for muscular dystrophy, for perhaps 50 years, said firefighters who testified during a hearing before the commission.
Trevor Towey, treasurer of the Omaha firefighters union, said his group has raised $100,000 a year to fight muscular dystrophy and related diseases.
The Omaha City Council passed an ordinance last December barring the practice. The City Attorney's Office asked the disclosure commission for a legal opinion on whether the fund-raiser violated state law.
Towey and Steve LeClair, president of the firefighters union, had asked the commissioners not to endorse the city's ban and allow firefighters to continue to negotiate with city leaders to find a way to continue their fund-raising efforts.
Omaha attorney Ed Fogar- ty, representing the Muscular Dystrophy Association, said the city's policy raises questions about whether the United Way and other charities could raise funds on city time.
He noted that payroll deductions for United Way donations could be considered a use of public resources for private gain.
Fogarty and Jim Owen, a Nebraska official with the Muscular Dystrophy Association, said they did not know what they would do next. The firefighters said they would abide by the ruling.
Secretary of State John Gale, a commissioner, said it was not the commission's role to judge whether or not Omaha's policy is wise or unwise. It needs only to determine whether it's consistent with state law.
He also said it was not the commission's role to try to determine the ruling's impact on other charities.
He and commissioners Steve McCollister, Judith Schweikart, Paul Hosford and Kevin Brostrom voted to adopt the legal opinion barring the fundraiser.
Commissioner Joseph Grant, an Omaha attorney, voted no. He said any use of public resources was minimal because the fund-raising did not prevent firefighters from fulfilling their duties.
Commissioner Jan Mumm abstained. She said she believed it was good public relations for the firefighters and city workers to participate in such community-oriented efforts. She said she wanted to consider the issue longer.
Contact the writer: 402-473-9581, leslie.reed@owh.com
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