reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1201 - Revitalize Rural Nebraska Grant Program; Department of Environment and Energy; award grants; application; priority; appropriation; legislative intent.

19-1201.
Revitalize Rural Nebraska Grant Program; Department of Environment and Energy; award grants; application; priority; appropriation; legislative intent.
(1) There is hereby established the Revitalize Rural Nebraska Grant Program. The governing body of a city of the first class, a city of the second class, or a village may apply, on behalf of the city or village, to the Department of Environment and Energy for approval of a dilapidated commercial property demolition grant. The Director of Environment and Energy shall prescribe the form and manner of application.
(2) The department shall award the grants annually on a competitive basis beginning in fiscal year 2023-24 subject to available funds. The department shall give priority to applications from cities of the second class and villages. If there are funds remaining at the end of each grant period, the department shall consider applications from cities of the first class. A city or village may apply for more than one grant. The department shall give preference to new applicants.
(3) There shall be no limit on the amount that can be awarded to each applicant within the available funding. It is the intent of the Legislature that if the department does not award all of the available appropriation for grants under the program, the unobligated amount of the appropriation shall be reappropriated for the next fiscal year to be awarded during the next grant period.
Source
Laws 2023, LB531, § 1.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1202 - City or village; application; approval; conditions.

19-1202.
City or village; application; approval; conditions.
The Department of Environment and Energy shall award a grant to a city or village under the Revitalize Rural Nebraska Grant Program based on a completed application that demonstrates:
(1) A dilapidated commercial property within the corporate limits of the city or village is in need of demolition;
(2) The city or village owns the property or is completing the process prescribed in section 18-1722;
(3) The property has been abandoned or vacant for at least six months prior to application;
(4) The property is not listed, or eligible to be listed, on the National Register of Historic Places; and
(5) The city or village is able to contribute matching funds, whether in cash or in-kind donations, in the amount of ten percent for a village, fifteen percent for a city of the second class, and twenty percent for a city of the first class.
Source
Laws 2023, LB531, § 2.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1203 - City or village; return grant; when.

19-1203.
City or village; return grant; when.
If a city or village fails to engage in the demolition of the commercial property identified in the application for a grant under the Revitalize Rural Nebraska Grant Program within twenty-four months after receiving the grant, the city or village shall return the grant to the Department of Environment and Energy. The department shall remit such grant money to the State Treasurer for credit to the Revitalize Rural Nebraska Fund.
Source
Laws 2023, LB531, § 3.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1204 - Revitalize Rural Nebraska Fund; created; use; investment.

19-1204.
Revitalize Rural Nebraska Fund; created; use; investment.
The Revitalize Rural Nebraska Fund is created. The Department of Environment and Energy shall use the fund for the Revitalize Rural Nebraska Grant Program. The fund shall include transfers as directed by the Legislature, money from grants returned under section 19-1203, and money from private contributions and other sources provided for purposes of the program. Any money in the Revitalize Rural Nebraska Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Any interest earned on the fund shall be used for the program.
Source
Laws 2023, LB531, § 4.
Operative Date: June 7, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1301 - Sinking funds; gifts; authority to receive; real estate; management.

19-1301.
Sinking funds; gifts; authority to receive; real estate; management.
All cities of the first class, cities of the second class, and villages are hereby empowered to receive money or property by donation, bequest, gift, devise, or otherwise for the benefit of any one or more of the public purposes for which sinking funds are established by sections 19-1301 to 19-1304, as stipulated by the donor. Title to any money or property so donated shall vest in the city councils or village boards of trustees of such cities or villages, or in their successors in office, who shall become the owners thereof in trust to the uses of such sinking fund or funds. In the event of a donation of real estate, such city councils or village boards of trustees may manage such real estate as in the case of real estate donated to their respective municipalities for municipal library purposes under sections 51-215 and 51-216.
Source
Laws 1939, c. 12, § 1, p. 80;
C.S.Supp.,1941, § 19-1301;
R.S.1943, § 19-1301;
Laws 2019, LB193, § 103.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1302 - Sinking funds; purposes; tax to establish; amount of levy; when authorized.

19-1302.
Sinking funds; purposes; tax to establish; amount of levy; when authorized.
The city council of any city of the first class or city of the second class or the village board of trustees of any village, subject to all the limitations set forth in sections 19-1301 to 19-1304, shall have the power to levy a tax of not to exceed ten and five-tenths cents on each one hundred dollars in any one year upon the taxable value of all the taxable property within such municipality for a term of not to exceed ten years, in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of such municipality, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension, original equipment, or repair, not including maintenance, of any one or more of the following public improvements, including acquisition of any land incident to the making thereof: Municipal libraries; municipal auditoriums or community houses for social or recreational purposes; city or village halls; municipal public libraries, auditoriums, or community houses in a single building; municipal swimming pools; municipal jails; municipal fire stations, together with firefighting equipment or apparatus; municipal parks; municipal cemeteries; municipal medical buildings, together with furnishings and equipment; or municipal hospitals. No such city or village shall be authorized to levy the tax or to establish the sinking fund as provided in this section if, having bonded indebtedness, such city or village has been in default in the payment of interest thereon or principal thereof for a period of ten years prior to the date of the passage of the resolution providing for the submission of the proposition for establishment of the sinking fund as required in section 19-1303.
Source
Laws 1939, c. 12, § 2, p. 80;
C.S.Supp.,1941, § 19-1302;
R.S.1943, § 19-1302;
Laws 1953, c. 287, § 35, p. 951;
Laws 1961, c. 59, § 1, p. 217;
Laws 1967, c. 95, § 1, p. 292;
Laws 1969, c. 145, § 26, p. 669;
Laws 1979, LB 187, § 80;
Laws 1992, LB 719A, § 80;
Laws 2019, LB193, § 104.
Annotations
This section does not apply to creating a sinking fund for payment of interest and principal of bonds. Talbott v. City of Lyons, 171 Neb. 186, 105 N.W.2d 918 (1960).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1303 - Sinking fund; resolution to establish; contents; election; laws governing.

19-1303.
Sinking fund; resolution to establish; contents; election; laws governing.
Before any sinking fund or funds shall be established or before any annual tax shall be levied for planned municipal improvements mentioned in section 19-1302, by a city or village, the city council or village board of trustees shall declare its purpose by resolution to submit to the qualified electors of the city or village at the next general municipal election the proposition to provide such city or village with the specific municipal improvement planned under sections 19-1301 to 19-1304. Such resolution of submission shall, among other things, set forth a clear description of the improvement planned, the estimated cost according to the prevailing costs, the amount of annual levy over a definite period of years, not exceeding ten years, required to provide such cost, and the specific name or designation for the sinking fund sought to be established to carry out the planned improvement, together with a statement of the proposition for placement upon the ballot at such election. Notice of the submission of the proposition, together with a copy of the official ballot containing such proposition, shall be published in its entirety three successive weeks before the day of the election in a legal newspaper in or of general circulation in the municipality or, if no legal newspaper is in or of general circulation in the municipality, in a legal newspaper in or of general circulation in the county in which such city or village is located. No such sinking fund shall be established unless the same shall have been authorized by a majority or more of the legal votes of such city or village cast for or against the proposition. If less than a majority of the legal votes favor the establishment of the sinking fund, the planned improvement shall not be made, no annual tax shall be levied therefor, and no sinking fund or sinking funds shall be established in connection therewith, but such resolution of submission shall immediately be repealed. If the proposition shall carry at such election in the manner prescribed in this section, the city council or village board of trustees and its successors in office shall proceed to do all things authorized under such resolution of submission but never inconsistent with sections 19-1301 to 19-1304. The election provided for under this section shall be conducted as provided under the Election Act.
Source
Laws 1939, c. 12, § 3, p. 81;
C.S.Supp.,1941, § 19-1303;
R.S.1943, § 19-1303;
Laws 1961, c. 59, § 2, p. 217;
Laws 1986, LB 960, § 14;
Laws 2019, LB193, § 105.
Cross References
Election Act, see section 32-101.
Annotations
This section does not apply to creating a sinking fund for payment of interest and principal of bonds. Talbott v. City of Lyons, 171 Neb. 186, 105 N.W.2d 918 (1960).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1304 - Sinking funds; investments authorized; limitation upon use.

19-1304.
Sinking funds; investments authorized; limitation upon use.
All funds received by the city treasurer or village treasurer, by donation or by tax levy, as provided in sections 19-1301 to 19-1304, shall, as they accumulate, be immediately invested by such treasurer, with the written approval of the city council or village board of trustees, in the manner provided in section 77-2341. Whenever investments of such sinking fund or funds are made, the nature and character of the same shall be reported to the city council or village board of trustees, and such investment report shall be made a matter of record by the city clerk or village clerk in the proceedings of such city council or village board of trustees. The sinking fund, or sinking funds, accumulated under sections 19-1301 to 19-1304, shall constitute a special fund, or funds, for the purpose or purposes for which such fund or funds were authorized and shall not be used for any other purpose unless authorized by sixty percent of the qualified electors of such municipality voting at a general election favoring such change in the use of such sinking fund or sinking funds. The question of the change in the use of such sinking fund or sinking funds, when it shall fail to carry, shall not be resubmitted in substance for a period of one year from and after the date of such election.
Source
Laws 1939, c. 12, § 4, p. 82;
C.S.Supp.,1941, § 19-1304;
R.S.1943, § 19-1304;
Laws 2019, LB193, § 106.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1305 - Public utilities; extension and improvements; indebtedness; pledge of revenue; combined revenue bonds.

19-1305.
Public utilities; extension and improvements; indebtedness; pledge of revenue; combined revenue bonds.
Any city of the first class, city of the second class, or village in the State of Nebraska, which owns and operates public utilities consisting of a waterworks plant, water system, sanitary sewer system, gas plant, gas system, electric light and power plant, or electric distribution system, may pay for extensions and improvements to any of such public utilities by issuing and selling its combined revenue bonds and securing the payment thereof by pledging and hypothecating the revenue and earnings of any two or more of such public utilities and may enter into such contracts in connection therewith as may be necessary or proper. Such combined revenue bonds shall not be general obligations of the city or village issuing the bonds and no taxes shall be levied for their payment but such bonds shall be a lien only upon the revenue and earnings of the public utilities owned and operated by the municipality and which are pledged for their payment.
Source
Laws 1945, c. 38, § 1, p. 191;
Laws 1963, c. 92, § 1, p. 315;
Laws 2019, LB193, § 107.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1307 - Public utilities; combined revenue bonds; objections; submit to electors; effect.

19-1307.
Public utilities; combined revenue bonds; objections; submit to electors; effect.
If the electors of a city or village, equal in number to forty percent of the electors of such city or village voting at the last preceding general municipal election, file written objections to proposed issuance of combined revenue bonds pursuant to section 19-1305 with the city clerk or village clerk within twenty days after the first publication of the notice given pursuant to section 19-1306, the city council or village board of trustees shall submit such proposition of issuing such bonds to the electors of such city or village at a special election called for that purpose or at a general city or village election, notice of which shall be given by publication in a legal newspaper published in or of general circulation in such city or village three consecutive weeks. If a majority of the qualified electors of such city or village, voting upon the proposition, vote in favor of issuing such bonds, the city council or village board of trustees may issue and sell such combined revenue bonds and pledge, for the payment of same, the revenue and earnings of the public utilities owned and operated by the city or village, as proposed in such notice, and enter into such contracts in connection therewith as may be necessary or proper. Such bonds shall draw interest from and after the date of the issuance thereof. In the event the electors fail to approve the proposition by such majority vote, such proposition shall not be again submitted to the electors for their consideration until one year has elapsed from the date of such election.
Source
Laws 1945, c. 38, § 3, p. 193;
Laws 1969, c. 51, § 72, p. 319;
Laws 2019, LB193, § 109.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1308 - Sections, how construed.

19-1308.
Sections, how construed.
Sections 19-1305 to 19-1308 are supplementary to existing statutes and confer upon and give to cities of the first class, cities of the second class, and villages powers not heretofore granted, and sections 19-1305 to 19-1308 shall not be construed as repealing or amending any existing statute.
Source
Laws 1945, c. 38, § 4, p. 194;
Laws 2019, LB193, § 110.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1309 - Public funds; all-purpose levy; maximum limit.

19-1309.
Public funds; all-purpose levy; maximum limit.
Notwithstanding any other provision of law to the contrary, for any fiscal year the governing body of any city of the first class, city of the second class, or village may decide to certify to the county clerk for collection one all-purpose levy required to be raised by taxation for all municipal purposes instead of certifying a schedule of levies for specific purposes added together. Subject to the limits in section 77-3442, such all-purpose levy shall not exceed an annual levy of eighty-seven and five-tenths cents on each one hundred dollars for cities of the first class and one dollar and five cents on each one hundred dollars for cities of the second class and villages upon the taxable valuation of all the taxable property in such city or village. Otherwise authorized extraordinary levies to service and pay bonded indebtedness of such municipalities may be made by such municipalities in addition to such all-purpose levy.
Source
Laws 1957, c. 47, § 1, p. 227;
Laws 1959, c. 67, § 1, p. 293;
Laws 1965, c. 83, § 1, p. 322;
Laws 1967, c. 96, § 1, p. 293;
Laws 1971, LB 845, § 1;
Laws 1972, LB 1143, § 1;
Laws 1979, LB 187, § 81;
Laws 1992, LB 719A, § 81;
Laws 1996, LB 1114, § 35;
Laws 2019, LB193, § 111.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1310 - Public funds; all-purpose levy; allocation.

19-1310.
Public funds; all-purpose levy; allocation.
If the method provided in section 19-1309 is followed in municipal financing, the city or village shall allocate the amount so raised to the several departments of such city or village in its annual budget and appropriation ordinance, or in other legal manner, as the governing body of such city or village shall deem wisest and best.
Source
Laws 1957, c. 47, § 2, p. 227;
Laws 1967, c. 96, § 2, p. 294;
Laws 2019, LB193, § 112.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1311 - Public funds; all-purpose levy; length of time effective; abandonment.

19-1311.
Public funds; all-purpose levy; length of time effective; abandonment.
Should any city of the first class, city of the second class, or village elect to follow the method provided in section 19-1309, such city or village shall be bound by that election during the ensuing fiscal year but may abandon such method in succeeding fiscal years.
Source
Laws 1957, c. 47, § 3, p. 227;
Laws 1967, c. 96, § 3, p. 294;
Laws 2019, LB193, § 113.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1312 - Public funds; all-purpose levy; certification.

19-1312.
Public funds; all-purpose levy; certification.
If it is necessary to certify the amount of an all-purpose levy under section 19-1309 to county officers for collection, such levy shall be certified as a single amount for general fund purposes.
Source
Laws 1957, c. 47, § 4, p. 227;
Laws 1967, c. 96, § 4, p. 294;
Laws 2019, LB193, § 114.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1401 - Municipal heat, light, and ice plants; construction; operation.

19-1401.
Municipal heat, light, and ice plants; construction; operation.
Cities of the primary class, cities of the first class, cities of the second class, and villages shall have the power to purchase, construct, maintain, and improve heating and lighting systems and ice plants for the use of their respective municipalities and the inhabitants thereof.
Source
Laws 1919, c. 181, § 1, p. 404;
Laws 1921, c. 128, § 1, p. 538;
C.S.1922, § 4396;
C.S.1929, § 18-101;
R.S.1943, § 19-1401;
Laws 2019, LB193, § 115.
Annotations
City could not buy completely new power plant without an authorizing election. Nacke v. City of Hebron, 155 Neb. 739, 53 N.W.2d 564 (1952).
An action against village under declaratory judgment act alleging violation of above statute by the village board is not properly brought where members of such board are not made parties. Southern Nebraska Power Co. v. Village of Deshler, 130 Neb. 133, 264 N.W. 462 (1936).
Cities of the second class have power to purchase, construct, maintain, and improve lighting systems, but have neither express nor implied power to purchase and pay for them by pledge of future net earnings. Interstate Power Co. v. City of Ainsworth, 125 Neb. 419, 250 N.W. 649 (1933).
A city or village has power to construct and operate an electric light system for the purpose of furnishing lights and pumping water for the use of the city and its inhabitants. Bell v. City of David City, 94 Neb. 157, 142 N.W. 523 (1913).
The power of a city is not limited in constructing a plant to one costing not more than the amount of bonds that may be so issued. Village of Oshkosh v. Fairbanks, Morse & Co., 8 F.2d 329 (8th Cir. 1925).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1402 - Municipal heat, light, and ice plants; cost; how defrayed.

19-1402.
Municipal heat, light, and ice plants; cost; how defrayed.
The cost of purchasing, constructing, maintaining, and improving utilities under section 19-1401 may be defrayed by the levy of a tax of not to exceed three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city or village in any one year for a heating or lighting plant and of not to exceed two and one-tenth cents on each one hundred dollars upon the taxable value of all the taxable property in such city or village in any one year for an ice plant, or when such tax is insufficient for the purpose, the cost of such utilities may be defrayed by the issuance of bonds of the municipality.
Source
Laws 1919, c. 181, § 2, p. 405;
C.S.1922, § 4397;
C.S.1929, § 18-102;
R.S.1943, § 19-1402;
Laws 1953, c. 287, § 36, p. 952;
Laws 1979, LB 187, § 82;
Laws 1992, LB 719A, § 82;
Laws 2019, LB193, § 116.
Annotations
Two methods are provided of raising funds for a heating or lighting plant, one by a direct levy of a tax and the other by a bond issue, but this section does not provide specifically any method for raising funds to maintain and improve them. Interstate Power Co. v. City of Ainsworth, 125 Neb. 419, 250 N.W. 649 (1933).
Where a city of the second class has on hand sufficient available money it may use the same to pay the purchase price of a municipal lighting utility. The word "may" in the statute authorizing such city to defray the cost of a municipal lighting plant by means of a tax levy or a bond issue does not necessarily mean "shall" or exclude other methods. Carr v. Fenstermacher, 119 Neb. 172, 228 N.W. 114 (1929).
A city was required to levy a tax for the payment of a judgment for amount of cost of constructing two utility plants in excess of bonds the city was authorized to issue. Village of Oshkosh v. State of Nebraska ex rel. Fairbanks, Morse & Co., 20 F.2d 621 (8th Cir. 1927).
The power of a city is not limited to construct a plant to one costing not more than the amount of bonds that may be so issued. Village of Oshkosh v. Fairbanks, Morse & Co., 8 F.2d 329 (8th Cir. 1925).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1404 - Municipal heat, light, and ice plants; management; rates; service.

19-1404.
Municipal heat, light, and ice plants; management; rates; service.
When any utility shall have been established pursuant to section 19-1401, the municipality shall provide by ordinance for the management thereof, the rates to be charged, and the manner of payment for service or for the product.
Source
Laws 1919, c. 181, § 4, p. 405;
C.S.1922, § 4399;
C.S.1929, § 18-104;
R.S.1943, § 19-1404;
Laws 2019, LB193, § 118.
Annotations
The duty of a city to fix reasonable rates for electricity furnished to consumers through a municipal lighting plant is not violated by a contract to purchase necessary equipment for it and to pay a portion of the purchase price out of its net earnings, where contract provided that such earnings should be based alone on lawful charges. Carr v. Fenstermacher, 119 Neb. 172, 228 N.W. 114 (1929).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1501 - Incompletely performed contracts; acceptance; tax levy; bond issue.

19-1501.
Incompletely performed contracts; acceptance; tax levy; bond issue.
In all cases where a city of the primary class, city of the first class, city of the second class, or village has entered into a contract for paving or otherwise improving a street or streets, or for the construction or improvement of a system of waterworks or sanitary or storm sewers, and the contract has not been completed on account of any order or regulation issued by the United States or any board or agency thereof, such city or village may accept that part of the work which has been completed, levy special assessments and taxes, and issue bonds to pay the cost of the work so completed and accepted, in the same manner and on the same conditions as if such contract had been fully completed.
Source
Laws 1943, c. 40, § 1, p. 184;
R.S.1943, § 19-1501;
Laws 2019, LB193, § 119.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1502 - Additional authority granted.

19-1502.
Additional authority granted.
Section 19-1501 shall be construed as granting additional authority and not as repealing any existing statutory authority.
Source
Laws 1943, c. 40, § 2, p. 185;
R.S.1943, § 19-1502;
Laws 2019, LB193, § 120.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1825 - Act, how cited.

19-1825.
Act, how cited.
Sections 19-1825 to 19-1848 shall be known and may be cited as the Civil Service Act.
Source
Laws 1985, LB 372, § 4;
Laws 2010, LB943, § 1.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1828 - Application of act.

19-1828.
Application of act.
The Civil Service Act shall apply to all municipalities, as defined in section 19-1826, in the State of Nebraska specified in subsection (1) of section 19-1827. All present full-time firefighters and full-time police officers of such municipalities and future appointees to such full-time positions shall be subject to civil service.
Source
Laws 1943, c. 29, § 2, p. 127;
R.S.1943, § 19-1802;
Laws 1957, c. 48, § 2, p. 230;
R.S.1943, (1983), § 19-1802;
Laws 1985, LB 372, § 7.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1829 - Employees subject to act; appointment; promotion.

19-1829.
Employees subject to act; appointment; promotion.
The Civil Service Act shall only apply to full-time firefighters or full-time police officers of each municipality, including any paid full-time police chief or fire chief of such department. All appointments to and promotions in such department shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation. If the appointing authority fills a vacancy in a position subject to the Civil Service Act, the appointing authority shall consider factors including, but not limited to:
(1) The multiple job skills recently or currently being performed by the applicant which are necessary for the position;
(2) The knowledge, skills, and abilities of the applicant which are necessary for the position;
(3) The performance appraisal of any applicant who is already employed in the department, including any recent or pending disciplinary actions involving the employee;
(4) The employment policies and staffing needs of the department together with contracts, ordinances, and statutes related thereto;
(5) Required federal, state, or local certifications or licenses necessary for the position; and
(6) The qualifications of the applicants who are already employed in the department and have successfully completed all parts of the examination for the position. No person shall be reinstated in or transferred, suspended, or discharged from any such position or employment contrary to the Civil Service Act.
Source
Laws 1943, c. 29, § 3, p. 127;
R.S.1943, § 19-1803;
Laws 1957, c. 48, § 3, p. 230;
Laws 1969, c. 116, § 1, p. 530;
R.S.1943, (1983), § 19-1803;
Laws 1985, LB 372, § 8;
Laws 2019, LB193, § 123.
Annotations
Civil Service Act applies to all full paid employees of the fire or police department. Dlouhy v. City of Fremont, 175 Neb. 115, 120 N.W.2d 590 (1963).
Civil Service Act applies to cities of first class having home rule charters. Simpson v. City of Grand Island, 166 Neb. 393, 89 N.W.2d 117 (1958).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1831 - Civil service; applicant for position; qualifications; fingerprints; when required; restrictions on release.

19-1831.
Civil service; applicant for position; qualifications; fingerprints; when required; restrictions on release.
(1) An applicant for a position of any kind under civil service shall be able to read and write the English language, meet the minimum job qualifications of the position as established by the appointing authority, and be of good moral character. An applicant shall be required to disclose his or her past employment history and his or her criminal record, if any, and submit a full set of his or her fingerprints and a written statement of permission authorizing the appointing authority to forward the fingerprints for identification. Prior to certifying to the appointing authority the names of the persons eligible for the position or positions, the commission shall validate the qualifications of such persons.
(2) The appointing authority shall require an applicant, as part of the application process, to submit a full set of his or her fingerprints along with written permission authorizing the appointing authority to forward the fingerprints to the Federal Bureau of Investigation through the Nebraska State Patrol, for identification. The fingerprint identification shall be solely for the purpose of confirming information provided by the applicant.
(3) Any fingerprints received by the commission or appointing authority pursuant to a request made under subsection (2) of this section and any information in the custody of the commission or appointing authority resulting from inquiries or investigations made with regard to those fingerprints initiated by the commission or appointing authority shall not be a public record within the meaning of sections 84-712 to 84-712.09 and shall be withheld from the public by the lawful custodians of such fingerprints and information and shall only be released to those lawfully entitled to the possession of such fingerprints and information. Any member, officer, agent, or employee of the commission, appointing authority, or municipality who comes into possession of fingerprints and information gathered pursuant to subsection (2) of this section shall be an official within the meaning of section 84-712.09.
Source
Laws 1943, c. 29, § 6, p. 131;
R.S.1943, § 19-1806;
Laws 1963, c. 93, § 1, p. 317;
Laws 1969, c. 116, § 3, p. 531;
Laws 1974, LB 811, § 3;
Laws 1977, LB 498, § 1;
R.S.1943, (1983), § 19-1806;
Laws 1985, LB 372, § 10;
Laws 1997, LB 116, § 1.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1832 - Civil service; employees; discharge; demotion; grounds.

19-1832.
Civil service; employees; discharge; demotion; grounds.
The tenure of a person holding a position of employment under the Civil Service Act shall be only during good behavior. Any such person may be removed or discharged, suspended with or without pay, demoted, reduced in rank, or deprived of vacation, benefits, compensation, or other privileges, except pension benefits, for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to or dereliction of duty;
(2) Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, any act of omission or commission tending to injure the public service, any willful failure on the part of the employee to properly conduct himself or herself, or any willful violation of the Civil Service Act or the rules and regulations adopted pursuant to such act;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Drunkenness or the use of intoxicating liquors, narcotics, or any other habit-forming drug, liquid, or preparation to such an extent that the use interferes with the efficiency or mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of his or her position;
(5) Conviction of a felony or misdemeanor tending to injure the employee's ability to effectively perform the duties of his or her position; or
(6) Any other act or failure to act which, in the judgment of the civil service commissioners, is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.
Source
Laws 1943, c. 29, § 7, p. 131;
R.S.1943, § 19-1807;
R.S.1943, (1983), § 19-1807;
Laws 1985, LB 372, § 11.
Annotations
An employee's acquittal on a criminal charge does not preclude an employer from terminating employment for the identical conduct that formed the basis for the criminal charge. Adkins & Webster v. North Platte Civil Service Comm., 206 Neb. 500, 293 N.W.2d 411 (1980).
The Civil Service Act, where applicable, provides that employees may be suspended or discharged for cause for any of the reasons listed herein. Cummings v. City of Falls City, 194 Neb. 759, 235 N.W.2d 627 (1975).
The Civil Service Act prohibits the suspension or discharge of employees for political or religious reasons but provides they may be suspended or discharged for any of the reasons listed herein. Sailors v. City of Falls City, 190 Neb. 103, 206 N.W.2d 566 (1973).
The tenure of an employee is only during good behavior. Ackerman v. Civil Service Commission, 177 Neb. 232, 128 N.W.2d 588 (1964).
Employment may not be terminated solely on a ground enumerated in this section if the employee was not notified that termination was sought on the enumerated ground. Parent v. City of Bellevue Civil Serv. Comm., 17 Neb. App. 458, 763 N.W.2d 739 (2009).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1834 - Civil service; municipality provide facilities and assistance.

19-1834.
Civil service; municipality provide facilities and assistance.
The municipality shall afford the commission and its members and employees all reasonable facilities and assistance to inspect all books, papers, documents, and accounts applying or in any way appertaining to any and all positions and employments subject to civil service and shall produce such books, papers, documents, and accounts. All city or village officers and employees shall attend and testify whenever required to do so by the commission, the accused, or the appointing authority.
Source
Laws 1943, c. 29, § 9, p. 133;
R.S.1943, § 19-1809;
R.S.1943, (1983), § 19-1809;
Laws 1985, LB 372, § 13;
Laws 2019, LB193, § 126.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1836 - Civil service; creation or elimination of positions.

19-1836.
Civil service; creation or elimination of positions.
All positions subject to the Civil Service Act shall be created or eliminated by the governing body of the municipality. The Civil Service Act shall not be construed to infringe upon the power and authority of (1) the governing body of the municipality to establish pursuant to section 16-310, 17-108, or 17-209 the salaries and compensation of all employees employed hereunder or (2) the city manager, pursuant to the City Manager Plan of Government Act, to establish the salaries and compensation of employees within the compensation schedule or ranges established by the governing body for the positions.
Source
Laws 1943, c. 29, § 11, p. 135;
R.S.1943, § 19-1811;
R.S.1943, (1983), § 19-1811;
Laws 1985, LB 372, § 15;
Laws 2019, LB193, § 127.
Cross References
City Manager Plan of Government Act, see section 19-601.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1837 - Civil service; employees; salaries; compliance with act.

19-1837.
Civil service; employees; salaries; compliance with act.
No treasurer, auditor, comptroller, or other officer or employee of any municipality subject to the Civil Service Act shall approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services to any person subject to the jurisdiction and scope of the Civil Service Act unless the person to receive such salary, wage, or other compensation has been appointed or employed in compliance with such act.
Source
Laws 1943, c. 29, § 12, p. 135;
R.S.1943, § 19-1812;
R.S.1943, (1983), § 19-1812;
Laws 1985, LB 372, § 16.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1838 - Civil service; leave of absence.

19-1838.
Civil service; leave of absence.
A leave of absence, with or without pay, may be granted by the appointing authority to any person under civil service. The appointing authority shall give notice of such leave to the commission. All appointments for temporary employment resulting from such leaves of absence shall be made from the eligible list, if any, of the civil service.
Source
Laws 1943, c. 29, § 13, p. 136;
R.S.1943, § 19-1813;
R.S.1943, (1983), § 19-1813;
Laws 1985, LB 372, § 17.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1839 - Civil service commission; conduct of litigation; representation.

19-1839.
Civil service commission; conduct of litigation; representation.
It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of the Civil Service Act and of the rules of the commission. The commission may be represented in such suits and all investigations pursuant to the Civil Service Act by the city attorney or village attorney if authorized by the appointing authority. If the city attorney or village attorney does not represent the commission, the commission may be represented by special counsel appointed by it in any particular case.
Source
Laws 1943, c. 29, § 14, p. 136;
R.S.1943, § 19-1814;
R.S.1943, (1983), § 19-1814;
Laws 1985, LB 372, § 18;
Laws 2019, LB193, § 128.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1840 - Civil service; obstructing examinations.

19-1840.
Civil service; obstructing examinations.
No commissioner or any other person shall by himself or herself or in cooperation with one or more persons (1) defeat, deceive, or obstruct any person in respect to the right of examination according to the rules and regulations made pursuant to the Civil Service Act, (2) falsely mark, grade, estimate, or report upon the examination and standing of any person examined or certified in accordance with such act or aid in so doing, (3) make any false representation concerning the same or concerning the persons examined, (4) furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined or certified or to be examined or certified, or (5) persuade any other person or permit or aid in any manner any other person to impersonate him or her in connection with any examination, application, or request to be so examined.
Source
Laws 1943, c. 29, § 15, p. 136;
R.S.1943, § 19-1815;
R.S.1943, (1983), § 19-1815;
Laws 1985, LB 372, § 19.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1841 - Civil service; political service disregarded.

19-1841.
Civil service; political service disregarded.
No person holding any position subject to civil service shall be under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. No person shall be removed, reduced in position or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under civil service, or promise or threaten to do so, for giving, withholding, or neglecting to make any contribution of money, services, or any other valuable thing for any political purpose.
Source
Laws 1943, c. 29, § 16, p. 136;
R.S.1943, § 19-1816;
R.S.1943, (1983), § 19-1816;
Laws 1985, LB 372, § 20.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1842 - Municipality; duty to enact appropriate legislation; failure; effect.

19-1842.
Municipality; duty to enact appropriate legislation; failure; effect.
Any municipality subject to the Civil Service Act shall, after September 6, 1985, enact appropriate legislation for carrying into effect such act. The failure of the governing body of any such municipality to do so shall be a violation of the Civil Service Act and shall be punishable as such.
Source
Laws 1943, c. 29, § 17, p. 137;
R.S.1943, § 19-1817;
R.S.1943, (1983), § 19-1817;
Laws 1985, LB 372, § 21.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1843 - Municipality; duty to provide quarters and equipment; failure; effect.

19-1843.
Municipality; duty to provide quarters and equipment; failure; effect.
The governing body of every municipality subject to the Civil Service Act shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such municipality subject to the Civil Service Act. Failure upon the part of the governing body to do so shall be a violation of the Civil Service Act and shall be punishable as such.
Source
Laws 1943, c. 29, § 18, p. 137;
R.S.1943, § 19-1818;
R.S.1943, (1983), § 19-1818;
Laws 1985, LB 372, § 22.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1844 - Municipality; duty to create commission; failure; effect.

19-1844.
Municipality; duty to create commission; failure; effect.
Within ninety days after a municipality becomes subject to the Civil Service Act, it shall be the duty of the governing body of such municipality subject to such act to create a civil service commission, as provided in section 19-1827, and the failure upon the part of such governing body to do so shall be a violation of the Civil Service Act and shall be punishable as such.
Source
Laws 1943, c. 29, § 19, p. 137;
R.S.1943, § 19-1819;
R.S.1943, (1983), § 19-1819;
Laws 1985, LB 372, § 23.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1845 - Commission; duty to organize; rules and regulations; failure; effect.

19-1845.
Commission; duty to organize; rules and regulations; failure; effect.
It shall be the duty of each commission appointed subject to the Civil Service Act to immediately organize and adopt and promulgate procedural rules and regulations, consistent with the purpose of such act, to carry out such act. The failure upon the part of such commission or any individual member to do so shall be a violation of the Civil Service Act and shall be punishable as such.
Source
Laws 1943, c. 29, § 20, p. 137;
R.S.1943, § 19-1820;
R.S.1943, (1983), § 19-1820;
Laws 1985, LB 372, § 24.
Annotations
The commission must timely make rules and regulations but absence of such does not prevent discharge for reasons set out in statute. Sailors v. City of Falls City, 190 Neb. 103, 206 N.W.2d 566 (1973).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1846 - Municipality; duty to make appropriation.

19-1846.
Municipality; duty to make appropriation.
It shall be the duty of each municipality subject to the Civil Service Act to appropriate each fiscal year, from the general funds of such municipality, a sum of money sufficient to pay the necessary expenses involved in carrying out the purposes of such act, including, but not limited to, reasonable attorney's fees for any special counsel appointed by the commission when the city attorney or village attorney is not authorized by the appointing authority to represent the commission. The appointing authority may establish the hourly or monthly rate of pay of such special counsel.
Source
Laws 1943, c. 29, § 21, p. 137;
R.S.1943, § 19-1821;
R.S.1943, (1983), § 19-1821;
Laws 1985, LB 372, § 25;
Laws 2019, LB193, § 129.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1847 - Violations; penalty.

19-1847.
Violations; penalty.
Any person who shall willfully violate any of the provisions of the Civil Service Act shall be guilty of a Class IV misdemeanor.
Source
Laws 1943, c. 29, § 22, p. 138;
R.S.1943, § 19-1822;
R.S.1943, (1983), § 19-1822;
Laws 1985, LB 372, § 26.