17-208. Appointive officers; term of office; police officer; removal, demotion, or suspension; procedure; board of health; members; duties.
(1) The village board of trustees may appoint a village clerk, treasurer, attorney, engineer, overseer of the streets, and chief of police and other such officers as shall be required by ordinance or otherwise required by law.
(2)(a) The village chief of police or any other police officer may appeal to the village board of trustees his or her removal, demotion, or suspension with or without pay. After a hearing, the village board of trustees may uphold, reverse, or modify the action.
(b) The village board of trustees shall by ordinance adopt rules and regulations governing the removal, demotion, or suspension with or without pay of any police officer, including the village chief of police. The ordinance shall include a procedure for such removal, demotion, or suspension with or without pay of any police officer, including the village chief of police, upon the written accusation of the village chief of police, the chairperson of the village board of trustees, or any citizen or taxpayer. The village board of trustees shall establish by ordinance procedures for acting upon such written accusation, including: (i) Provisions for giving notice and a copy of the written accusation to the police officer; (ii) the police officer's right to have an attorney or representative retained by the police officer present with him or her at all hearings or proceedings regarding the written accusation; (iii) the right of the police officer or his or her attorney or representative retained by the police officer to be heard and present evidence; and (iv) the right of the police officer as well as the individual imposing the action or their respective attorneys or representatives to record all hearings or proceedings regarding the written accusation. The ordinance shall also include a procedure for making application for an appeal, specifications on the period of time within which such application shall be made, and provisions on the manner in which the appeals hearing shall be conducted. Both the police officer and the individual imposing the action or their respective attorneys or representatives shall have the right at the hearing to be heard and to present evidence to the village board of trustees for its consideration. Not later than thirty days following the adjournment of the meeting at which the hearing was held, the village board of trustees shall vote to uphold, reverse, or modify the action. The failure of the village board of trustees to act within thirty days or the failure of a majority of the elected board members to vote to reverse or modify the action shall be construed as a vote to uphold the action. The decision of the village board of trustees shall be based upon its determination that, under the facts and evidence presented at the hearing, the action was necessary for the proper management and the effective operation of the police department in the performance of its duties under the statutes of the State of Nebraska. Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.
(c) This subsection does not apply to a police officer during his or her probationary period.
(3) The village board of trustees shall also appoint a board of health consisting of three members: The chairperson of the village board of trustees, who shall be chairperson, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the medical advisor to the board of health. If the village board of trustees has appointed a chief of police, the chief of police may be appointed to the board of health and serve as secretary and quarantine officer. A majority of the board of health shall constitute a quorum and shall enact rules and regulations, which shall have the force and effect of law, to safeguard the health of the people of such village and prevent nuisances and unsanitary conditions. The board of health shall enforce such rules and regulations and provide fines and punishments for violations.
(4) The village clerk, treasurer, attorney, engineer, overseer of the streets, members of the board of health, and other appointed officers, except regular police officers, shall hold office for one year unless removed by the chairperson of the village board of trustees with the advice and consent of the village board of trustees.
Source
Annotations
Village marshal is appointive officer, and is not an employee within the meaning of the Workmen's Compensation Act. Suverkrubbe v. Village of Fort Calhoun, 127 Neb. 472, 256 N.W. 47 (1934).
Structure Nebraska Revised Statutes
Chapter 17 - Cities of the Second Class and Villages
17-101 - City of the second class, defined; population; exception.
17-102 - Wards; number; how determined.
17-103 - City council; members; number; qualifications.
17-104 - City council members; election; term; qualifications.
17-105 - City council; meetings; quorum.
17-106 - City council; special meetings.
17-108 - Officers and employees; salaries.
17-108.02 - Officers and employees; merger of offices or employment; salaries.
17-110 - Mayor; general duties and powers.
17-111 - Mayor; ordinances; veto power; passage over veto.
17-112 - Mayor; recommendations to city council.
17-113 - Mayor; reports of officers; power to require.
17-114 - Mayor; territorial jurisdiction.
17-117 - Mayor; remission of fines; pardons; powers.
17-118 - Police; arrest; power.
17-119 - City overseer of streets; duties.
17-120 - Public morals; powers; restrictions.
17-121 - Health and sanitation; rules and regulations; board of health; members; powers.
17-122 - Hospital; establishment and control.
17-123 - Public health; regulations; water; power to supply.
17-123.01 - Transferred to section 17-573.
17-124 - Police; power to establish.
17-125 - Transferred to sections 17-528.02 and 17-528.03.
17-126 - Public market; establishment; regulation.
17-127 - Public buildings; power to erect.
17-129 - Disorderly conduct; power to prevent.
17-130 - Fire escapes; exits; regulation.
17-132 - Places of amusement; safety regulations; revocation of license.
17-134 - Peddlers; pawnbrokers; entertainers; licensing and regulation.
17-136 - Fire hazards; dangerous buildings; elimination.
17-137 - Explosives; storage; fireworks; regulation.
17-138 - Animals; cruelty, prevention of.
17-139 - Traffic; sales; regulation.
17-140 - Signs and handbills; regulation.
17-141 - Sidewalks and substructures; regulation.
17-142 - Streets; moving of buildings; other obstructions; regulation.
17-143 - Railroads; location, grade, and crossing; regulation.
17-145 - Sewers and drains; regulation.
17-146 - Refunding bonds; power to issue.
17-147 - Fire department; organization and equipment.
17-148 - City council; president; acting president; powers.
17-149 - Transferred to section 17-574.
17-149.01 - Transferred to section 17-575.
17-151 - Sewerage system; establishment; borrowing money; conditions precedent.
17-153 - Sewerage system; bonds; sinking funds; investment.
17-154 - Sewers; right-of-way; condemnation; procedure.
17-155 - Board of equalization; counties under township organization; members; meetings.
17-157 - Joint city and school district facility; expense; bonds; election; approval by electors.
17-161 - Joint city and school district facility; annual budget of city and school district.
17-162 - Joint city and school district facility; building commission; accept gifts.
17-163 - Offstreet parking; declaration of purpose.
17-164 - Offstreet parking; facilities; acquisition; procedure.
17-165 - Offstreet parking; revenue bonds; issuance; terms.
17-166 - Offstreet parking; plans and specifications; coordination with traffic control program.
17-167 - Offstreet parking; city council; rules and regulations; contracts; rates.
17-168 - Offstreet parking; acquisition of facilities; submission at election; notice.
17-169 - Offstreet parking; facilities; lease; controls retained; business restricted.
17-170 - Offstreet parking; private parking lot; not subject to eminent domain.
17-171 - Offstreet parking; rights of bondholders.
17-172 - Offstreet parking; revenue; use.
17-173 - Offstreet parking; supplementary powers.
17-201 - Village, defined; incorporation; restriction on territory; condition.
17-201.01 - Villages; incorporation; presumption of regularity of proceedings.
17-202 - Board of trustees; election; terms.
17-203 - Board of trustees; qualifications.
17-204 - Board of trustees; oath; meetings.
17-205 - Board of trustees; quorum; compulsory attendance.
17-206 - Board of trustees; journal; roll calls; public proceedings.
17-207 - Board of trustees; powers; restrictions.
17-207.01 - Offstreet motor vehicle parking; acquisition; procedure.
17-207.02 - Offstreet motor vehicle parking; acquisition; board of trustees; powers.
17-209 - Appointed officers and employees; compensation; fixed by ordinance.
17-209.02 - Officers and employees; combine or merge office, employment, or duties.
17-210 - Board of trustees; ordinances; publication; chairperson pro tempore.
17-212 - Elections; officers of election; vacancies; how filled.
17-213 - Village chief of police; powers and duties.
17-213.01 - Village engineer; powers and duties.
17-214 - Village overseer of streets; power and duties.
17-215 - Village; dissolution; how effected.
17-215.01 - Village; dissolution; county, defined.
17-216 - Village; dissolution; petition or resolution; election.
17-217 - Village; dissolution; election; form of ballot.
17-218 - Village; dissolution; when effective.
17-219 - Village; dissolution; village property, records, and funds; disposition.
17-219.01 - Village; dissolution; property; sale by county board; when authorized.
17-219.02 - Village; dissolution; property; sale; notice.
17-219.03 - Village; dissolution; board of trustees; county board; duties.
17-220 - Village situated in more than one county; how organized.
17-222 - Village situated in more than one county; jails.
17-223 - Village situated in more than one county; tax; how certified.
17-224 - Village situated in more than one county; legal notices; publication.
17-225 - Railroads; blocking crossings; penalty.
17-226 - Transferred to section 17-219.01.
17-227 - Transferred to section 17-219.02.
17-228 - Transferred to section 17-219.03.
17-229 - Street improvement program; authorization; tax levy.
17-230 - Street improvement program; tax levy limitation.
17-302 - Government pending reorganization.
17-304 - Reorganization; council; members; qualifications.
17-305 - Reorganization; existing ordinances; effect; modification.
17-306 - City of the second class; reorganization as village; petition; election.
17-307 - Transferred to section 17-312.
17-308 - Reorganization; transfer of property; how effected.
17-309 - Reorganization; existing ordinances; effect; debts; taxes.
17-310 - Decrease in population; remain city of the second class.
17-311 - Village; increase in population; reorganization as city of the second class.
17-312 - Village; retention of village government; petition; election.
17-313 - Village; organize as city of second class; petition; election.
17-401 - Consolidation; authority.
17-402 - Consolidation; procedure.
17-403 - Consolidation; when effective; existing rights and liabilities preserved.
17-404 - Consolidation; property.
17-405 - Transferred to section 18-3301.
17-405.01 - Annexation; powers; restrictions.
17-405.02 - Contiguous land, defined.
17-405.03 - Laws, codes, rules, or regulations; effect of annexation.
17-405.04 - Inhabitants of annexed land; benefits; ordinances.
17-405.05 - City or village in two or more counties; annexation by city or village; procedure.
17-406 - Transferred to section 18-3302.
17-412 - Transferred to section 18-3303.
17-413 - Transferred to section 17-405.05.
17-415 - Transferred to section 18-3304.
17-416 - Transferred to section 18-3305.
17-417 - Transferred to section 18-3306.
17-418 - Transferred to section 18-3307.
17-419 - Transferred to section 18-3308.
17-420 - Transferred to section 18-3309.
17-421 - Transferred to section 18-3310.
17-422 - Transferred to section 18-3311.
17-423 - Transferred to section 18-3312.
17-424 - Transferred to section 18-3313.
17-425 - Transferred to section 18-3314.
17-426 - Transferred to section 18-3315.
17-501 - Cities of the second class and villages; powers; board of public trust; members; duties.
17-503 - Real property; sale; exception; procedure; remonstrance petition; procedure; hearing.
17-503.01 - Real property less than five thousand dollars; sale; procedure.
17-503.02 - Personal property; sale; procedure; other conveyance.
17-504 - Corporate name; process; service.
17-505 - Ordinances, rules, and regulations; enactment; enforcement.
17-505.01 - Notice; publication.
17-506 - Property tax; amount of levy authorized.
17-507 - Other taxes; power to levy.
17-508 - Streets; grading and repair, when; bridges and sewers; construction.
17-508.01 - Streets; maintenance and repair; contracts with county authorized.
17-508.02 - Streets; grading and repair; bridges and sewers; tax limits.
17-509 - Streets and malls; power to improve; districts.
17-510 - Streets; improvement district; creation by petition; denial; special assessments.
17-511 - Streets; improvement by ordinance; objections; time of filing; special assessment.
17-512 - Streets; main thoroughfares; improvement by ordinance; assessments.
17-513 - Streets; improvement; petitions and protests; sufficiency; how determined; appeal.
17-514 - Streets; improvement; assessments; certification to county treasurer.
17-516 - Streets and malls; improvement; paving bonds; warrants; interest; terms.
17-518 - Streets; improvement; sinking fund; investment.
17-519 - Streets; improvement; assessments against public lands; payment.
17-521 - Streets; improvement; railways; duty to pave.
17-522 - Sidewalks; repair; cost; assessment; notice.
17-523 - Sidewalks; temporary walks; construction; cost.
17-524 - Streets and sidewalks; improvements; assessments; how made; collection.
17-525 - Occupation tax; power to levy; exceptions.
17-526 - Dogs and other animals; license tax; enforcement.
17-527 - Elections; rules governing; power to prescribe.
17-528 - Electricity; franchises and contracts; tax; sale by public service company to city.
17-528.02 - Gas franchises; length; conditions; tax.
17-528.03 - Electricity franchises; length; conditions; election, when required; exceptions.
17-529 - Watercourses; aqueducts; wells; regulation.
17-529.01 - Dikes; erection and maintenance; eminent domain; procedure.
17-529.02 - Flood control projects; cooperation with United States; consent to requirements.
17-529.03 - Flood control projects; removal to another site; definitions.
17-529.04 - Flood control projects; removal to another site; when authorized.
17-529.06 - Flood control projects; removal to another site; hearing; entry of order.
17-529.07 - Flood control projects; removal to another site; order; effect.
17-529.08 - Flood control projects; bonds; interest; election; tax; levy.
17-530 - Waterworks; franchises; terms.
17-531 - Waterworks; acquisition or construction authorized.
17-532 - Waterworks; private companies; compulsory connections.
17-533 - Waterworks; construction; bids.
17-536 - Waterworks; water supply; pollution; power to prevent.
17-537 - Waterworks; rules and regulations.
17-538 - Waterworks; use of water; rates or rental; collection.
17-539 - Waterworks; construction; cost; special assessments.
17-540 - Waterworks; income; how used; surplus, investment.
17-542 - Waterworks; rates; regulation.
17-545 - Waterworks; additional tax; when authorized.
17-546 - Waterworks; additional tax; provision cumulative.
17-547 - Animals running at large; regulation.
17-548 - Pounds; establishment.
17-549 - Fire prevention; regulations.
17-550 - Buildings; construction; regulation.
17-551 - Railways; depots; regulation.
17-552 - Railways; crossings; safety regulations.
17-554 - Fuel and feed; inspection and weighing.
17-556 - Public safety; firearms; explosives; riots; regulation.
17-557 - Streets; safety regulations; removal of snow, ice, and other encroachments.
17-557.01 - Sidewalks; removal of encroachments; cost of removal; special assessments; interest.
17-558 - Streets; improving; vacating; abutting property; how treated.
17-560 - Borrowing power; pledges.
17-561 - Railway tracks; lighting, city may require; cost; assessment.
17-564 - Fines; actions to recover.
17-565 - Fines; action to recover; limitation.
17-566 - County jail; use by city; compensation.
17-567 - Highways, streets, bridges; maintenance and control.
17-568 - Employment of special engineer.
17-568.02 - Municipal bidding procedure; waiver; when.
17-569 - Abandoned real estate; sale; ordinance.
17-570 - Abandoned real estate; sale; notice.
17-571 - Abandoned real estate; sale; sealed bids; deed.
17-572 - Loans to students; conditions.
17-573 - Litter; removal; notice; action by city or village.
17-574 - Sewerage and drainage; districts; regulation.
17-601.01 - Caucus; when held; notice.
17-601.02 - Caucus; notice to village clerk; contents.
17-601.03 - Caucus; additional filings.
17-602 - Registered voters; qualifications.
17-603 - Officers; canvass; certificates of election; failure to qualify, effect.
17-605 - City clerk or village clerk; duties.
17-606 - Treasurer; duties; failure to file account; penalty; continuing education; requirements.
17-608 - Treasurer; surplus funds; investments authorized; interest.
17-609 - Treasurer; utility funds; retirement of bonds or warrants.
17-610 - City attorney or village attorney; duties.
17-611 - Officer; extra compensation prohibited.
17-612 - Elective officers, salary; increase during term of office prohibited; exception.
17-613 - Ordinances; style; publication; proof.
17-614 - Ordinances; how enacted; title; revised election district boundary; ordinance.
17-615 - Ordinances; passage; rules and regulations; proof.
17-616 - Ordinances; contracts; appointments; vote; record.
17-701 - Fiscal year; commencement.
17-702 - Property tax; general levy authorized; sale for delinquent taxes; additional levies.
17-703 - Special assessments; relevy or reassess tax limit; refunding; when authorized; how paid.
17-706 - Annual appropriation bill; contents.
17-708 - Funds; expenditure; appropriation condition precedent.
17-709 - Contracts; appropriation condition precedent.
17-710 - Special assessments; expenditure; limitations.
17-711 - Warrants; how executed.
17-713 - Road tax; amount; when authorized.
17-714 - Claims and accounts payable; filing; requirements; disallowance; notice; costs.
17-715 - Claims; allowance; payment.
17-716 - Transferred to section 19-3201.
17-717 - Intersection paving bonds; tax authorized.
17-718 - Voluntary fire departments; maintenance; tax; limitation.
17-720 - Certificates of deposit; time deposits; security required.
17-801 - Board of public works; how created; members; appointment; removal; qualifications; terms.
17-802 - Board of public works; powers and duties; city council; approve budget.
17-802.01 - Board of public works; insurance plan; cooperation and participation.
17-803 - Board of public works; surplus funds; investment.
17-804 - Water commissioner and light commissioner; compensation; removal.
17-805 - Board of public works; organization; meetings; records.
17-806 - Board members; oath; bond.
17-807 - Board members; interest in contracts prohibited.
17-808 - Bookkeeper and city clerk.
17-901 - Utilities; service; contracts for sale; when authorized.
17-902 - Utilities; contracts for service; transmission lines authorized.
17-903 - Utilities; contracts for service; approval of electors; bonds; interest; taxes.
17-904 - Transmission line outside city prohibited.
17-905 - Utilities; acquisition; revenue bonds; issuance; when authorized.
17-906 - Power plant; construction; eminent domain; procedure.
17-907 - Power plant; transmission lines; right-of-way.
17-908 - Power plant; construction; election; bonds; interest; redemption.
17-909 - Power plant; operation and extension; tax authorized.
17-910 - Joint power plant; construction; approval of electors.
17-911 - Joint power plant; bonds; election; interest.
17-912 - Joint power plant; operation and extension; tax.
17-914 - Sewers; resolution to construct; publication; hearing.
17-916 - Sewers; resolution to construct; petition in opposition; effect.
17-917 - Sewers; resolution to construct, purchase, or acquire; vote required.
17-918 - Sewers; construction; contracts; notice; bids; acceptance.
17-919 - Sewers; acceptance by engineer; approval; cost; assessments; notice.
17-920 - Sewers; assessments; hearing; equalization; payable in installments; interest.
17-921 - Sewers; special assessments; levy; collection.
17-922 - Sewers; assessments; interest; exempt property; cost; how paid.
17-923 - Sewers; assessments; when due; interest.
17-924 - Sewers; assessments; sinking fund; purpose.
17-925.02 - Sewers; rental charges; collection.
17-925.03 - Sewers; rental charges; reduction in taxes.
17-925.04 - Sewers; rental charges; cumulative to service rate for maintenance and repair.
17-926 - Cemetery; acquisition; condemnation; procedure.
17-933 - Cemetery; acquisition; title.
17-934 - Cemetery; existing cemetery association; transfer to; conditions.
17-935 - Existing cemetery association; transfer; deeds; how executed.
17-936 - Existing cemetery association; transfer of funds.
17-937 - Existing cemetery association; trustees; oath; bond; vacancy; how filled.
17-938 - Cemetery; maintenance; tax; forfeiture of lot; resale; reclamation of lot; procedure.
17-939 - Cemetery; acquisition; bonds; interest; approval of electors required.
17-940 - Cemetery; improvement.
17-941 - Cemetery; lots; conveyance.
17-942 - Cemetery; lots; ownership and use; regulations.
17-943 - Cemetery; protection; rules and regulations.
17-944 - Cemetery association; formation; when authorized.
17-945 - Cemetery association; trustees; conveyances.
17-946 - Cemetery association; powers of board of trustees; income; use.
17-947 - Cemetery association; formation; funds; transfer to.
17-948 - Recreation and conservation; real estate; acquisition by gift or purchase; title.
17-949 - Recreation and conservation; real estate; regulation and control; penalties authorized.
17-951 - Facilities; maintenance and improvement; tax authorized.
17-952 - Board of commissioners; members; duties.
17-953 - Public buildings; acquisition or construction; approval of electors required; exception.
17-955 - Public buildings; maintenance; tax.
17-956 - Cold storage plants; construction and operation; power.
17-957 - Cold storage plants; construction; cost; tax; bonds.
17-958 - Cold storage plants; bonds; approval of electors; interest; redemption.
17-959 - Cold storage plants; operation and extension; tax.
17-960 - Cold storage plants; management; rates.
17-961 - Facility; acquisition or construction; management; facility, defined.
17-962 - Gift or devise; approval by city council or village board of trustees.
17-963 - Facility; acquisition or construction; issuance of bonds; interest; election.
17-964 - Facility; maintenance; tax.
17-965 - Facility fund; established; custodian.
17-966 - Facility board; members; duties; powers; warrants.
17-968 - Bonds; issuance; record.
17-969 - Bonds; sinking fund; interest; levy.
17-970 - Water service districts; establishment; ordinance.
17-971 - Water service districts; improvements; protest; effect; special assessments.
17-973 - Water service district; assessments; lien; date due; payable.
17-974 - Water service district; assessments; delinquent; interest; rate; payment.
17-976 - Water service districts; cost of improvements; bonds; interest; issuance; tax; levy.