Omaha City Council rejects proposal to revive firefighters’ ‘Fill the Boot’ fundraiser

OMAHA, Neb. —

The Omaha City Council was one vote short of passing a proposal that aimed to allow firefighters to resume the traditional form of its “Fill the Boot” fundraiser for muscular dystrophy research.

The council voted 3-3. Councilmember Aimee Melton was absent, but wouldn’t have provided the decisive fourth vote. She voiced her concerns during a public hearing two weeks ago.

City Council President Danny Begley’s proposal attempted to allow city employees to fundraise for nonprofits on city time with approval from department heads and the mayor. City employees could not be forced to participate under the ordinance. It says that the “non-profit’s mission must align with the public safety, community welfare or public health and be consistent with the mission of the City of Omaha or any of its departments.”

A state law bans the use of city resources for private entities, City Attorney Matt Kuhse said. He said the proposal was his best attempt to allow narrow uses of city employees fundraising for nonprofits on city time.

Kuhse said Tuesday he might have had to hire outside counsel to defend the city if the measure passed and they faced a legal challenge. He said the worst-case scenario would have been the Nebraska Attorney General’s office asking the Nebraska State Patrol to cite violators of the state law, despite Omaha’s attempt to allow it. In that scenario, firefighters doing “Fill the Boot,” for example, would have faced potential jail time, Kuhse said.

Councilmembers Brinker Harding, Don Rowe, and LaVonya Goodwin voted against the proposal, citing legal risks.

Councilmember Ron Hug argued that thousands of other fire departments across the country manage to conduct “Fill the Boot” fundraisers on Labor Day while remaining ready for emergency calls without legal issues.

Omaha Professional Fire Fighters President Trevor Towey said firefighters still raise money for the Muscular Dystrophy Association on their own time, but they haven’t been able to do the traditional “Fill the Boot” fundraiser for more than 15 years.

“We’ve committed to this organization since 1954,” Towey said. “We’re not just going to give up on them…We already work 900 more hours than the average city employee. The overtime’s through the roof right now. We’ve got 20 people on overtime every single day.”

The Nebraska Accountability and Disclosure Commission issued opinions in both 2010 and this year stating that fundraisers conducted on city time are illegal, regardless of the cause, if it doesn’t align with the city’s mission, Kuhse said.

Begley stood by the proposal. He said he trusted Kuhse and his staff to defend the city’s position.

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