reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1701.01 - Candidate for sheriff; requirements; sheriff; attend Sheriff's Certification Course; exception; continuing education; violation; penalty.

23-1701.01.
Candidate for sheriff; requirements; sheriff; attend Sheriff's Certification Course; exception; continuing education; violation; penalty.
(1) Any candidate for the office of sheriff who does not have a law enforcement officer certificate or diploma issued by the Nebraska Commission on Law Enforcement and Criminal Justice shall submit with the candidate filing form required by section 32-607 a standardized letter issued by the director of the Nebraska Law Enforcement Training Center certifying that the candidate has:
(a) Within one calendar year prior to the deadline for filing the candidate filing form, passed a background investigation performed by the Nebraska Law Enforcement Training Center based on a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. The candidate who has not passed a background investigation shall apply for the background investigation at least thirty days prior to the filing deadline for the candidate filing form; and
(b) Received a minimum combined score on the reading comprehension and English language portions of an adult basic education examination designated by the Nebraska Law Enforcement Training Center.
(2) Each sheriff shall attend the Nebraska Law Enforcement Training Center and receive a certificate attesting to satisfactory completion of the Sheriff's Certification Course within eight months after taking office unless such sheriff has already been awarded a certificate by the Nebraska Commission on Law Enforcement and Criminal Justice attesting to satisfactory completion of such course or unless such sheriff can demonstrate to the Nebraska Police Standards Advisory Council that his or her previous training and education is such that he or she will professionally discharge the duties of the office. Any sheriff in office prior to July 19, 1980, shall not be required to obtain a certificate attesting to satisfactory completion of the Sheriff's Certification Course but shall otherwise be subject to this section.
(3) Each sheriff shall attend continuing education as provided in section 81-1414.07 each year following the first year of such sheriff's term of office.
(4) Unless a sheriff is able to show good cause for not complying with subsection (2) or (3) of this section or obtains a waiver of the training requirements from the council, any sheriff who violates subsection (2) or (3) of this section shall be punished by a fine equal to such sheriff's monthly salary. Each month in which such violation occurs shall constitute a separate offense.
Source
Laws 1980, LB 628, § 1;
Laws 1994, LB 971, § 2;
Laws 2004, LB 75, § 1;
Laws 2012, LB817, § 1;
Laws 2020, LB924, § 2;
Laws 2021, LB51, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1701.02 - Arrests; keeping the peace; duties.

23-1701.02.
Arrests; keeping the peace; duties.
It shall be the duty of every sheriff to apprehend, on view or warrant, and bring to the court all felons and disturbers and violators of the criminal laws of this state, to suppress all riots, affrays, and unlawful assemblies which may come to his or her knowledge, and generally to keep the peace in his or her proper city.
Source
Laws 1929, c. 82, art. XV, § 176, p. 324;
C.S.1929, § 22-1506;
R.S.1943, (1979), § 26-1,177;
R.S.1943, (1985), § 24-5,100;
Laws 1988, LB 1030, § 13.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1701.03 - Sheriff; general powers and duties.

23-1701.03.
Sheriff; general powers and duties.
The sheriff shall exercise the powers and perform the duties conferred and imposed upon him or her by other statutes and by the common law.
Source
R.S.1867, Code § 892, p. 548;
R.S.1913, § 8566;
C.S.1922, § 9517;
C.S.1929, § 20-2218;
R.S.1943, (1989), § 25-2217;
Laws 1990, LB 821, § 13.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1701.04 - Process; duty of sheriff to execute.

23-1701.04.
Process; duty of sheriff to execute.
It shall be the duty of the sheriffs of the several counties to execute or serve all writs and process issued by any county court and to them directed and to return the same. For any neglect or refusal so to do, they may be proceeded against in the county court in the same manner as for neglect or refusal to execute or serve process issued out of the district court.
Source
G.S.1873, c. 14, § 24, p. 268;
R.S.1913, § 1227;
C.S.1922, § 1150;
C.S.1929, § 27-519;
R.S.1943, § 24-520;
Laws 1972, LB 1032, § 34;
R.S.1943, (1989), § 24-534;
Laws 1990, LB 821, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1701.05 - Writs and orders; endorsement.

23-1701.05.
Writs and orders; endorsement.
The sheriff shall endorse upon every summons, order of arrest, order for the delivery of property, order of attachment, or injunction the day and the hour it was received by him or her.
Source
R.S.1867, Code § 890, p. 548;
R.S.1913, § 8564;
C.S.1922, § 9515;
C.S.1929, § 20-2216;
R.S.1943, (1989), § 25-2215;
Laws 1990, LB 821, § 11.
Cross References
Fees, see section 33-117.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1701.06 - Failure or neglect to execute process; amercement; civil liability.

23-1701.06.
Failure or neglect to execute process; amercement; civil liability.
The sheriff shall execute every summons, order, or other process and return the same as required by law. If the sheriff fails to do so, unless he or she makes it appear to the satisfaction of the court that he or she was prevented by inevitable accident from so doing, he or she shall be amerced by the court in a sum not exceeding one thousand dollars and shall be liable to the action of any person aggrieved by such failure.
Source
R.S.1867, Code § 891, p. 548;
R.S.1913, § 8565;
C.S.1922, § 9516;
C.S.1929, § 20-2217;
R.S.1943, (1989), § 25-2216;
Laws 1990, LB 821, § 12.
Annotations
Where judgment creditor fails to show any damage resulting from failure to make levy or return of execution, recovery against officer cannot be had. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
Where code is silent, common law and equity remedies, not inconsistent therewith, are applicable to prevent failure of justice. Cross-petition is maintainable. Armstrong v. Mayer, 69 Neb. 187, 95 N.W. 51 (1903).
"Return" includes certificates and delivery of writ to office from whence issued. Graves v. Macfarland, 58 Neb. 802, 79 N.W. 707 (1899).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1702 - Violations; penalty.

23-1702.
Violations; penalty.
The disobedience by the sheriff of the command of any such process is a contempt of the court from which it was issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.
Source
Laws 1879, § 117, p. 385;
R.S.1913, § 5654;
C.S.1922, § 4981;
C.S.1929, § 26-1402;
R.S.1943, § 23-1702.
Annotations
Officer is liable in damages for failure to make return to execution. Ehlers v. Gallagher, 147 Neb. 97, 2 N.W.2d 396 (1946).
Court will mandamus sheriff to make arrest when proper warrant from another county is placed in his hands and he refuses to act. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).
Sheriff is not liable for negligence in levy of writ where plaintiff or his attorney contributed to negligence. Parrott v. McDonald, 72 Neb. 97, 100 N.W. 132 (1904).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1703 - Jailer; duty of sheriff; certain counties.

23-1703.
Jailer; duty of sheriff; certain counties.
Except in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, and is required to receive those lawfully committed and to keep them himself or herself, or by his or her deputy jailer, until discharged by law.
Source
Laws 1879, § 118, p. 385;
R.S.1913, § 5655;
C.S.1922, § 4982;
C.S.1929, § 26-1403;
R.S.1943, § 23-1703;
Laws 1979, LB 396, § 1;
Laws 1984, LB 394, § 1.
Annotations
Jury was properly instructed as to the duties of the sheriff as jailer under this section. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950).
It is duty of sheriff to receive and keep until discharged all prisoners lawfully committed to county jail. O'Dell v. Goodsell, 149 Neb. 261, 30 N.W.2d 906 (1948).
Sheriff has charge of county jail and is the custodian thereof. Flint v. Mitchell, 148 Neb. 244, 26 N.W.2d 816 (1947).
Judgment in criminal action, imposing jail sentence and fine and remanding defendant to custody of sheriff to carry out sentence and judgment, is equivalent to judgment requiring defendant to be confined to jail until the fine is paid. State ex rel. Marasco v. Mundell, 127 Neb. 673, 256 N.W. 519 (1934).
Sheriff must keep prisoners who are sentenced for violating city ordinances, but he collects from county, not city. Douglas County v. Coburn, 34 Neb. 351, 51 N.W. 965 (1892).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1704 - Assistants; power to summon.

23-1704.
Assistants; power to summon.
The sheriff and his deputies are conservators of the peace, and to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law, they may call any person to their aid; and, when necessary, the sheriff may summon the power of the county.
Source
Laws 1879, § 119, p. 385;
R.S.1913, § 5656;
C.S.1922, § 4983;
C.S.1929, § 26-1404;
R.S.1943, § 23-1704.
Annotations
City police officers may not make warrantless misdemeanor arrests outside their jurisdiction. State v. Tingle, 239 Neb. 558, 477 N.W.2d 544 (1991).
A sheriff has the power to summon to his assistance in the arrest of felons police officers of the cities of the second class under this section. Henning v. City of Hebron, 186 Neb. 381, 183 N.W.2d 756 (1971).
Sheriff has authority to call a private citizen into service to help capture prisoner. Anderson v. Bituminous Casualty Co., 155 Neb. 590, 52 N.W.2d 814 (1952).
Persons summoned as posse are not strictly deputies and sheriff is not liable to them for compensation, if entitled to any. Power v. Douglas County, 75 Neb. 734, 106 N.W. 782 (1906).
Duties of sheriff as conservator of peace are applicable to chief of police in metropolitan city. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904), 115 Am. S.R. 605 (1904).
This section authorizes a deputy sheriff to summon a State Patrol trooper and a city police officer to assist in arresting a suspected intoxicated driver. Once summoned, those persons become de facto deputies. State v. Rodgers, 2 Neb. App. 360, 509 N.W.2d 668 (1993).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1704.01 - Sheriff; deputies; appointment; oath; duties.

23-1704.01.
Sheriff; deputies; appointment; oath; duties.
The sheriff may appoint such number of deputies as he or she sees fit for whose acts he or she will be responsible. The sheriff may not appoint the county treasurer, clerk, register of deeds, or surveyor as deputy.
The appointment shall be in writing and revocable in writing by the sheriff. Both the appointment and revocation shall be filed and kept in the office of the county clerk.
The deputy shall take the same oath as the sheriff which shall be endorsed upon and filed with the certificate of appointment. The sheriff may require a bond of the deputy.
In the absence or disability of the sheriff, the deputy shall perform the duties of the sheriff pertaining to the office, but when the sheriff is required to act in conjunction with or in place of another officer, the deputy cannot act in the sheriff's place. No deputy shall act as constable while deputy sheriff.
Source
R.S.1866, c. 15, § 4, p. 127;
R.S.1913, § 5738;
C.S.1922, § 5067;
Laws 1923, c. 43, § 1, p. 158;
C.S.1929, § 84-804;
R.S.1943, (1981), § 84-804;
Laws 1990, LB 821, § 7.
Annotations
Deputy sheriff, acting as jailer is public officer, and county board cannot contract with him for different compensation than fixed by law. Scott v. Scotts Bluff County, 106 Neb. 355, 183 N.W. 573 (1921).
County board must fix number and compensation of sheriff's deputies, under act requiring board to furnish sheriff with such deputies as they deem necessary, but sheriff has power to appoint. State ex rel. Rohrs v. Harris, 100 Neb. 745, 161 N.W. 253 (1917).
When office of sheriff was a fee office, a deputy sheriff was required to look to fees for his salary. Power v. Douglas County, 75 Neb. 734, 106 N.W. 782 (1906).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1704.02 - Sheriff; appoint employee.

23-1704.02.
Sheriff; appoint employee.
Except when otherwise provided specifically by law for substitute service by a deputy, a sheriff may appoint an employee of his or her department to serve any summons or writ, by endorsement thereon substantially as follows: "I hereby appoint ........ to serve the within writ;" which shall be dated and signed by the sheriff.
Source
Laws 1879, § 125, p. 386;
R.S.1913, § 5739;
C.S.1922, § 5068;
C.S.1929, § 84-805;
R.S.1943, (1981), § 84-805;
Laws 1987, LB 223, § 2.
Annotations
Authority is conferred upon a sheriff to depute a person to serve any summons. Forbes v. Bringe, 32 Neb. 757, 49 N.W. 720 (1891).
Constables cannot appoint deputies. Gilbert and Artist v. Brown & Brother, 9 Neb. 90, 2 N.W. 376 (1879).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1704.03 - Sheriff; employee; false return of writ; penalty.

23-1704.03.
Sheriff; employee; false return of writ; penalty.
The employee referred to in section 23-1704.02 shall make return of the time and manner of serving such writ under his or her oath. For making a false return he or she shall be guilty of perjury and shall be punished accordingly.
Source
Laws 1879, § 126, p. 386;
R.S.1913, § 5740;
C.S.1922, § 5069;
C.S.1929, § 84-806;
R.S.1943, (1981), § 84-806;
Laws 1987, LB 223, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1704.04 - Sheriff; deputies; compensation.

23-1704.04.
Sheriff; deputies; compensation.
The county board shall furnish the sheriff with such deputies as it shall deem necessary and fix the compensation of such deputies who shall be paid by warrant drawn on the general fund.
Source
Laws 1907, c. 54, § 2, p. 228;
Laws 1911, c. 50, § 1, p. 233;
R.S.1913, § 2443;
Laws 1917, c. 44, § 1, p. 124;
Laws 1919, c. 81, § 1, p. 203;
Laws 1921, c. 114, § 1, p. 396;
C.S.1922, § 2383;
Laws 1923, c. 83, § 1, p. 224;
Laws 1927, c. 121, § 1, p. 334;
C.S.1929, § 32-122;
Laws 1943, c. 90, § 20, p. 306;
R.S.1943, (1988), § 33-118;
Laws 1990, LB 821, § 8.
Annotations
County board is given the right to determine number of deputies a sheriff may employ. Grace v. County of Douglas, 178 Neb. 690, 134 N.W.2d 818 (1965).
The county board has the authority to determine the number of deputies to be appointed by the sheriff and to fix their compensation but the sheriff retains the power to appoint his deputies. State ex rel. Rohrs v. Harris, 100 Neb. 745, 161 N.W. 253 (1917).
A sheriff who does not elect to act as jailer in person, but who deputizes the persons who perform the duties of jailer, such persons being compensated in the manner provided by this section, is not entitled to the compensation provided for a sheriff acting as jailer. Dunkel v. Hall County, 89 Neb. 585, 131 N.W. 973 (1911).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1705 - Court attendance; when required.

23-1705.
Court attendance; when required.
The sheriff shall attend upon the district court at its session in his or her county, shall be allowed the assistance of two deputies and of such further number as the court may direct, and shall attend the sessions of the county court when required by the judge.
Source
Laws 1879, § 120, p. 385;
R.S.1913, § 5657;
C.S.1922, § 4984;
C.S.1929, § 26-1405;
R.S.1943, § 23-1705;
Laws 1988, LB 1030, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1706 - Court; appearance as counsel prohibited.

23-1706.
Court; appearance as counsel prohibited.
No sheriff or his deputy or constable shall appear in any court as attorney or counselor for any party, nor make any writing or process to commence or to be in any manner used in the same, and such writing or process made by any of them shall be rejected.
Source
Laws 1879, § 121, p. 385;
R.S.1913, § 5658;
C.S.1922, § 4985;
C.S.1929, § 26-1406;
R.S.1943, § 23-1706.
Cross References
For provisions prohibiting sheriff to practice as attorney, see section 7-111.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1707 - Sheriff's sales; purchases prohibited.

23-1707.
Sheriff's sales; purchases prohibited.
No sheriff or his deputy or constable shall become the purchaser, either directly or indirectly, of any property by him exposed to sale under any process of law or equity; and every such purchase is absolutely void.
Source
Laws 1879, § 122, p. 385;
R.S.1913, § 5659;
C.S.1922, § 4986;
C.S.1929, § 26-1407;
R.S.1943, § 23-1707.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1708 - Vacancy; legal process; deputy; duty.

23-1708.
Vacancy; legal process; deputy; duty.
In case of a vacancy occurring in the office of sheriff from any cause the deputy or deputies shall be under obligation to execute legal process until the vacancy is filled.
Source
Laws 1879, § 123, p. 385;
R.S.1913, § 5660;
C.S.1922, § 4987;
C.S.1929, § 26-1408;
R.S.1943, § 23-1708;
Laws 1990, LB 872, § 1.
Annotations
Sheriff may complete execution of order of sale regularly issued to him during his term, after expiration of his term. National Black River Bank v. Wall, 3 Neb. Unof. 316, 91 N.W. 525 (1902).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1709 - Term of office; expiration; transfers to successor.

23-1709.
Term of office; expiration; transfers to successor.
When a sheriff goes out of office he or she shall deliver to his or her successor all books and papers pertaining to the office, all property attached or levied upon, and all prisoners in jail and shall take a receipt specifying the same. The receipt shall be sufficient indemnity to the person taking it.
Source
Laws 1879, § 124, p. 386;
R.S.1913, § 5661;
C.S.1922, § 4988;
C.S.1929, § 26-1409;
R.S.1943, § 23-1709;
Laws 1990, LB 872, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1710 - Crimes; prevention; arrest; powers and duties.

23-1710.
Crimes; prevention; arrest; powers and duties.
It shall be the duty of the sheriff by himself or deputy to preserve the peace in his county, to ferret out crime, to apprehend and arrest all criminals, and insofar as it is within his power, to secure evidence of all crimes committed in his county, and present the same to the county attorney and the grand jury; to file informations against all persons who he knows, or has reason to believe, have violated the laws of the state, and to perform all other duties pertaining to the office of sheriff.
Source
Laws 1917, c. 231, § 1, p. 567;
C.S.1922, § 4989;
C.S.1929, § 26-1410;
R.S.1943, § 23-1710.
Annotations
Where sheriff had reliable information about existence of incendiary device action in going upon property and inspecting for existence of fire without actual entry or search of building was proper. State v. Howard, 184 Neb. 274, 167 N.W.2d 80 (1969).
Sheriff has duty to apprehend and arrest all criminals and must, if necessary, follow them into any county to do so. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).
Sheriff is not disqualified because of interest when testimony as witness is merely corroborative. Noonan v. State, 117 Neb. 520, 221 N.W. 434 (1928).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1711 - Special investigations; when authorized; report; expenses.

23-1711.
Special investigations; when authorized; report; expenses.
The sheriff shall, whenever directed so to do in writing by the county attorney, make special investigation of any alleged infraction of the law within his county, and report with reference thereto within a reasonable time to such county attorney. When such investigation is made the sheriff shall file with the county clerk a detailed, sworn statement of his expenses, accompanied by the written order of the county attorney, and the board shall audit and allow only so much thereof as it shall find reasonable and necessary.
Source
Laws 1917, c. 231, § 2, p. 567;
C.S.1922, § 4990;
C.S.1929, § 26-1411;
R.S.1943, § 23-1711.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1713 - Sheriff; party to judicial proceedings; duties; county clerk shall perform.

23-1713.
Sheriff; party to judicial proceedings; duties; county clerk shall perform.
Every county clerk shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavits shall be made and filed as provided in section 23-1714; and in all such cases he shall exercise the same powers and proceed in the same manner as prescribed for the sheriff in the performance of similar duties.
Source
Laws 1881, c. 42, § 1, p. 222;
R.S.1913, § 5683;
Laws 1915, c. 101, § 1, p. 244;
C.S.1922, § 5013;
C.S.1929, § 26-1522;
R.S.1943, § 23-1713.
Annotations
Sheriff is disqualified from serving process in murder case, where affidavit of disqualification was filed, and it became duty of clerk of district court to issue writ for summoning jurors to county clerk. Trobough v. State, 120 Neb. 453, 233 N.W. 452 (1930).
Sheriff is disqualified to select and summon a special panel of jurors to serve in criminal case in which he is a prosecuting witness. Policky v. State, 113 Neb. 858, 205 N.W. 560 (1925).
Processes issued out of county court may be directed to and be served by coroner, when sheriff is party. Barlass v. May, 16 Neb. 647, 21 N.W. 436 (1884).
Coroner may serve writ of replevin whenever sheriff is party to the action. Keith Brothers v. Heffelfinger, 12 Neb. 497, 11 N.W. 749 (1882).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1714 - Sheriff; disqualification; duties; county clerk shall perform.

23-1714.
Sheriff; disqualification; duties; county clerk shall perform.
Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit commenced, or about to be commenced, in said court, the clerk shall direct the original or other process in such suit to the county clerk who shall execute the same in like manner as the sheriff might or ought to have done, and if like objections shall be made to the county clerk by either party, the court shall appoint some suitable person to whom such objection does not apply.
Source
Laws 1881, c. 42, § 2, p. 222;
R.S.1913, § 5684;
Laws 1915, c. 101, § 1, p. 244;
C.S.1922, § 5014;
C.S.1929, § 26-1523;
R.S.1943, § 23-1714.
Annotations
Affidavit being filed hereunder, sheriff is ipso facto disqualified from summoning jurors, but not from participating with court clerk in drawing panel from box containing jurors' names selected by county commissioners. Trobough v. State, 120 Neb. 453, 233 N.W. 452 (1930).
When showing is made conforming to above provisions, it is mandatory that clerk direct county clerk to perform the duties of the sheriff. Policky v. State, 113 Neb. 858, 205 N.W. 560 (1925).
A party must make his objection to sheriff's acting before trial or he will be held to have waived it. Coil v. State, 62 Neb. 15, 86 N.W. 925 (1901).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1715 - Sheriff; specialized equipment; damages to privately owned motor vehicle, reimbursement.

23-1715.
Sheriff; specialized equipment; damages to privately owned motor vehicle, reimbursement.
The county board shall purchase a base radio station and shortwave radio equipment for installation on a motor vehicle owned by the sheriff. The county board may purchase shortwave radio equipment for installation on motor vehicles owned by the sheriff's deputies and also may purchase specialized equipment such as, but not limited to, flashing lights or spotlights for installation on motor vehicles owned by the sheriff or his or her deputies whenever such equipment is necessary for law enforcement work. Any equipment so purchased and installed shall remain the property of the county and shall be removed and returned to the county upon termination of the term of office of such sheriff or deputy. The county board may also reimburse any such sheriff or deputy for any damage to any such privately owned motor vehicle peculiarly incident to and actually arising out of the use of such motor vehicle for law enforcement work, such as, but not limited to, bullet holes, blood stains, or damage to the interior caused by unruly prisoners, but not including collision or upset. Reimbursement for such damage shall be paid as other claims against the county.
Source
Laws 1959, c. 84, § 7, p. 390;
Laws 1969, c. 169, § 1, p. 745;
Laws 1975, LB 427, § 1;
Laws 2000, LB 893, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1717 - Sheriff; deputy; uniform; badge, display; exceptions.

23-1717.
Sheriff; deputy; uniform; badge, display; exceptions.
County sheriffs and their deputies, when on duty, shall be dressed in a distinctive uniform, as described in section 23-1719, and display a badge of office as described in section 23-1719;
Provided,
the wearing of such uniform and badge shall be discretionary at the option of the sheriff when he or she or his or her deputies are engaged in special investigations or mental patient assignments;
and provided further,
that special deputies appointed by the sheriff shall be excluded from the requirements of this section.
Source
Laws 1967, c. 113, § 1, p. 361;
Laws 1981, LB 186, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1718 - Sheriff; deputy; uniform; allowance in counties of less than 200,000 population.

23-1718.
Sheriff; deputy; uniform; allowance in counties of less than 200,000 population.
County sheriffs and their deputies in counties of less than two hundred thousand population shall each receive an allowance for uniform expense of not less than ten dollars per month, to be paid by the county which such officers serve.
Source
Laws 1967, c. 113, § 2, p. 361.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1719 - Sheriff; deputy; uniform; specifications.

23-1719.
Sheriff; deputy; uniform; specifications.
(1) The uniform required by section 23-1717 shall be readily distinguishable from the uniform of other law enforcement agencies in the State of Nebraska and shall consist of:
(a) Brown felt hat, center crease in sheriff or western style;
(b) Brown straw hat, center crease in sheriff or western style;
(c) Chocolate brown color shirt with either long or short sleeves depending on season;
(d) Pink tan color trousers in appropriate seasonal weights;
(e) Pink tan color skirts in appropriate seasonal weights;
(f) Pink tan color necktie;
(g) Shoes or boots in the same color as the leather worn;
(h) Chocolate brown color service jacket, zipper front with badge holder;
(i) Hip-length year-round outer jacket, dark brown in color;
(j) Badge bearing state or state seal, rank, and county:
(i) Gold in color for sheriff and deputies of the rank of sergeant or above;
(ii) Silver in color for deputies under the rank of sergeant; and
(iii) Consisting of seven-point star;
(k) Collar ornaments:
(i) Gold for sheriff and deputies of the rank of sergeant or above; and
(ii) Silver for deputies under the rank of sergeant;
(l) Shoulder emblem to be worn on upper sleeve and include sheriff's department and county name - design optional;
(m) Leather to be either brown or black at the individual department's choice; and
(n) Brown winter cap with flap.
(2) Uniforms shall be purchased directly from the supplier or suppliers with whom the Department of Administrative Services has contracted.
(3) A committee from the Nebraska Sheriffs' and Peace Officers' Association shall assist the Department of Administrative Services in developing specifications and selecting material for the uniforms.
Source
Laws 1967, c. 113, § 3, p. 361;
Laws 1981, LB 186, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1720 - Sheriff; deputies; indemnification; legal counsel.

23-1720.
Sheriff; deputies; indemnification; legal counsel.
Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff required to be bonded under section 11-119 or 23-1704.01 shall be indemnified by the county employing such sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff should such person become liable to any surety on a bond written under either such section. Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff may, with the approval of the county board, retain his or her own legal counsel to represent him or her in such proceedings at county expense.
Source
Laws 1969, c. 143, § 1, p. 664;
Laws 1990, LB 821, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1721 - Sections; purposes.

23-1721.
Sections; purposes.
The purposes of sections 23-1721 to 23-1736 are to guarantee to all citizens a fair and equal opportunity for public service in the office of the county sheriff in counties having a population of twenty-five thousand inhabitants or more, to establish and review conditions of service which will attract officers and employees of character and capacity, and to increase the efficiency of the county sheriff's office by the establishment of a merit system.
Source
Laws 1969, c. 140, § 1, p. 642;
Laws 1972, LB 1093, § 1;
Laws 1975, LB 315, § 1;
Laws 1977, LB 122, § 1;
Laws 1982, LB 782, § 1;
Laws 2003, LB 222, § 1.
Annotations
The purpose of this act is not to remove from the sheriff the right to discipline his personnel but, rather, to insulate deputy sheriffs from the political hazards which they might encounter upon the election of a new sheriff. Freese and Johnson v. County of Douglas, 210 Neb. 521, 315 N.W.2d 638 (1982).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1722 - Sheriff's office merit commission; created; county having 25,000 inhabitants or more.

23-1722.
Sheriff's office merit commission; created; county having 25,000 inhabitants or more.
In any county having a population of twenty-five thousand inhabitants or more, there shall be a sheriff's office merit commission.
Source
Laws 1969, c. 140, § 2, p. 642;
Laws 1972, LB 1093, § 2;
Laws 1975, LB 315, § 2;
Laws 1977, LB 122, § 2;
Laws 1982, LB 782, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1723 - Sheriff's office merit commission; county having 400,000 or more population; members; number; appointment; term; vacancy.

23-1723.
Sheriff's office merit commission; county having 400,000 or more population; members; number; appointment; term; vacancy.
The sheriff's office merit commission in counties having a population of four hundred thousand inhabitants or more as determined by the most recent federal decennial census shall consist of five members. One member shall be a duly elected county official, appointed by the county board. One member shall be a deputy sheriff, elected by the deputy sheriffs. Three members shall be selected by the presiding judge of the judicial district encompassing such county and shall be public representatives who are residents of the county. The terms of office of members initially appointed or elected shall expire on January 1 of the first, second, and third years following their appointment or election, as designated by the county board. As the terms of initial members expire, their successors shall be appointed or elected for three-year terms in the same manner as the initial members. The additional public representative provided for in this section shall serve until January 1, 1984, and thereafter his or her successors shall be appointed or elected for three-year terms. Any vacancy shall be filled by appointment or election in the same manner as appointment or election of initial members. The commission shall have the power to declare vacant the position of any member who no longer meets the qualifications for election or appointment set out in this section.
Source
Laws 1969, c. 140, § 3, p. 643;
Laws 1972, LB 1093, § 3;
Laws 1974, LB 782, § 6;
Laws 1977, LB 304, § 1;
Laws 1983, LB 81, § 1;
Laws 2003, LB 222, § 2;
Laws 2016, LB742, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1723.01 - Sheriff's office merit commission; county having 25,000 to 400,000 population; members; number; appointment; term; vacancy.

23-1723.01.
Sheriff's office merit commission; county having 25,000 to 400,000 population; members; number; appointment; term; vacancy.
(1) In counties having a population of not less than twenty-five thousand inhabitants and less than four hundred thousand inhabitants as determined by the most recent federal decennial census, the sheriff's office merit commission shall consist of three members, except that the membership of the commission may be increased to five members by unanimous vote of the three-member commission.
(2) If the commission consists of three members, one member shall be a duly elected county official, appointed by the county board, one member shall be a deputy sheriff, elected by the deputy sheriffs, and one member shall be selected by the presiding judge of the judicial district encompassing such county and shall be a public representative who is a resident of the county and neither an official nor employee of the county. If the commission consists of five members, one member shall be a duly elected county official, appointed by the board of county commissioners, two members shall be deputy sheriffs, elected by the deputy sheriffs, and two members shall be selected by the presiding judge of the judicial district encompassing such county and shall be public representatives who are residents of the county and neither officials nor employees of the county.
(3) The terms of office of members initially appointed or elected after March 20, 1982, shall expire on January 1 of the years 1983, 1984, and 1985, as designated by the county board. Thereafter, the terms of the members of the commission shall be three years, except that in a county with a five-member commission, (a) the initial term of the additional deputy sheriff member shall be staggered so that his or her term shall coincide with the term of such county's deputy sheriff elected before August 31, 2003, and (b) the initial term of the additional public representative member shall be staggered so that his or her term shall coincide with the term of such county's public representative member appointed before August 31, 2003. As the terms of initial members expire, their successors shall be appointed or elected in the same manner as the initial members. Any vacancy shall be filled by appointment or election in the same manner as appointment or election of initial members. The commission shall have the power to declare vacant the position of any member who no longer meets the qualifications for election or appointment set out in this section.
Source
Laws 1977, LB 304, § 2;
Laws 1982, LB 782, § 3;
Laws 2003, LB 40, § 1;
Laws 2003, LB 222, § 3;
Laws 2016, LB742, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1724 - Sheriff's office merit commission; members; salary; expenses.

23-1724.
Sheriff's office merit commission; members; salary; expenses.
The members of the commission shall not receive a salary for their services but shall be reimbursed for such necessary expenses and mileage as may be incurred in the actual performance of their duties with reimbursement for mileage to be made at the rate provided in section 81-1176.
Source
Laws 1969, c. 140, § 4, p. 643;
Laws 1981, LB 204, § 29;
Laws 1996, LB 1011, § 12.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1725 - Commission; meetings; public; rules of procedure; adopt.

23-1725.
Commission; meetings; public; rules of procedure; adopt.
The sheriff's office merit commission shall hold meetings regularly, at least once every three months, and shall designate the time and place thereof. It shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings and records of the commission shall be public except as otherwise provided in sections 23-1721 to 23-1736.
Source
Laws 1969, c. 140, § 5, p. 643;
Laws 2003, LB 222, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1726 - Classified service, defined.

23-1726.
Classified service, defined.
For purposes of sections 23-1721 to 23-1736, classified service includes all deputy sheriffs including the jailer and matrons but does not include the civilian employees of the office. The deputy sheriff designated by the sheriff as chief deputy is specifically excluded from sections 23-1721 to 23-1736.
Source
Laws 1969, c. 140, § 6, p. 643;
Laws 2003, LB 222, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1727 - Commission; powers; duties.

23-1727.
Commission; powers; duties.
The powers and duties of the sheriff's office merit commission shall be as follows:
(1) To adopt rules not inconsistent with sections 23-1721 to 23-1736 for the examination and selection of persons to fill the offices and positions in the classified service which are required to be filled by appointment and for the selection of such persons to be employed in the classified service of the office of the sheriff;
(2) To supervise the administration of the merit system rules, hold examinations from time to time after giving notice thereof, prepare and keep an eligibility list of persons passing such examinations, and certify the names of persons thereon to the sheriff;
(3) To investigate, by itself or otherwise, the enforcement of sections 23-1721 to 23-1736 and of its own rules and the action of appointees in the classified service. In the course of such investigation, the commission, or its authorized representative, shall have the power to administer oaths, and the commission shall have power, by subpoena, to secure both the attendance and testimony of witnesses and the production of books and papers relevant to such investigation;
(4) To provide, through the purchasing department of the county, all needed supplies for the use of the commission;
(5) To classify deputy sheriffs and subdivide them into groups according to rank and grade based upon the duties and responsibilities of such positions. The commission shall recommend to the county board salaries which are uniform for each group of the classified service and comparable to those of comparable counties in this section of the United States; and
(6) To perform such other duties as may be necessary to carry out sections 23-1721 to 23-1736.
Source
Laws 1969, c. 140, § 7, p. 643;
Laws 2003, LB 222, § 6.
Annotations
The powers enumerated in this section are intended to provide a form of civil service to deputy sheriffs employed by the various counties. Freese and Johnson v. County of Douglas, 210 Neb. 521, 315 N.W.2d 638 (1982).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1728 - Commission; competitive examinations; records of service; keep; subject to inspection by commission.

23-1728.
Commission; competitive examinations; records of service; keep; subject to inspection by commission.
(1) The commission shall prepare and hold open competitive examinations in order to test the relative fitness of all applicants for appointment to the classified service. At least two weeks' notice shall be given of all such examinations by publication at least once in a legal newspaper published and of general circulation in the county or, if none is published in the county, in a legal newspaper of general circulation in the county.
(2) The commission shall cause to be kept records of the service of each employee, in the classified service, known as service records. These records shall contain facts and statements on all matters relating to the character and quality of the work done and the attitude of the individual toward his or her work. All such service records and employee records shall be subject only to the inspection of the commission.
Source
Laws 1969, c. 140, § 8, p. 644;
Laws 1986, LB 960, § 21.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1729 - Sheriff; personnel director; duties.

23-1729.
Sheriff; personnel director; duties.
The sheriff of each county under sections 23-1721 to 23-1736 shall be the personnel director of the merit system. The personnel director shall act as secretary of the sheriff's office merit commission and shall advise the commission in all matters pertaining to the merit system established by sections 23-1721 to 23-1736.
Source
Laws 1969, c. 140, § 9, p. 645;
Laws 2003, LB 222, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1730 - Deputy sheriffs; classified service; chief deputy sheriff.

23-1730.
Deputy sheriffs; classified service; chief deputy sheriff.
For purposes of sections 23-1721 to 23-1736, all deputy sheriffs actually serving as such shall comprise the classified service. The chief deputy sheriff shall not be within the classified service, but a deputy sheriff serving with permanent rank under sections 23-1721 to 23-1736 may be designated chief deputy sheriff and retain such rank during the period of his or her service as chief deputy sheriff and shall upon termination of his or her duties as chief deputy sheriff revert to his or her permanent rank.
Source
Laws 1969, c. 140, § 10, p. 645;
Laws 2003, LB 222, § 8.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1731 - Classified service; vacancy; how filled.

23-1731.
Classified service; vacancy; how filled.
Whenever a position in the classified service is to be filled, the sheriff shall notify the sheriff's office merit commission of that fact, and the commission shall certify the names and addresses of the three candidates standing highest on the eligibility list for the class or grade for the position to be filled, and the sheriff shall forthwith appoint to such position one of the three persons so certified. Such appointment shall be for a probationary period to be fixed by the rules, but not to exceed one year. On or before the expiration of the probationary period, the sheriff may, by presenting specific reasons for such action in writing, discharge a probationary appointee, or, with the approval of the commission, transfer him or her to another department within the sheriff's office. If not discharged prior to the expiration of the period of probation and if no complaint has been made about the service rendered, the appointment shall be deemed permanent. To prevent the stoppage of business or to meet extraordinary conditions or emergencies, the sheriff may, with the approval of the commission, make a temporary appointment to remain in force for not to exceed sixty days and only until regular appointment can be made under sections 23-1721 to 23-1736.
Source
Laws 1969, c. 140, § 11, p. 645;
Laws 1982, LB 729, § 1;
Laws 2003, LB 222, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1732 - Deputy sheriffs in active employment; examinations; when required.

23-1732.
Deputy sheriffs in active employment; examinations; when required.
(1) All deputy sheriffs in active employment on January 1, 1970, in counties of four hundred thousand inhabitants or more as determined by the most recent federal decennial census and on January 1, 1973, in counties having a population of more than one hundred fifty thousand but less than four hundred thousand inhabitants as determined by the most recent federal decennial census, and who have been such for more than two years immediately prior thereto, shall hold their positions without examinations until discharged, reduced, promoted, or transferred in accordance with sections 23-1721 to 23-1736.
(2) All deputy sheriffs in active employment on January 1, 1975, in counties having a population of more than sixty thousand but not more than one hundred fifty thousand inhabitants, and who have been deputy sheriffs for more than two years immediately prior thereto, or who have been certified by the Nebraska Law Enforcement Training Center and who have received a certificate of completion shall hold their positions without examinations until discharged, reduced, promoted, or transferred in accordance with sections 23-1721 to 23-1736.
(3) All deputy sheriffs in active employment on January 1, 1977, in counties having a population of more than forty thousand but not more than sixty thousand inhabitants, and who have been deputy sheriffs for more than two years immediately prior thereto, or who have been certified by the Nebraska Law Enforcement Training Center and who have received a certificate of completion shall hold their positions without examinations until discharged, reduced, promoted, or transferred in accordance with sections 23-1721 to 23-1736.
(4) All deputy sheriffs in active employment on January 1, 1982, in counties having a population of twenty-five thousand or more but not more than forty thousand inhabitants, and who have been deputy sheriffs for more than two years immediately prior thereto, or who have been certified by the Nebraska Law Enforcement Training Center, and who have received a certificate of completion shall hold their positions without examinations until discharged, reduced, promoted, or transferred in accordance with sections 23-1721 to 23-1736.
(5) All deputy sheriffs who have been so employed for more than six months and less than two years on such date shall be required to take qualifying examinations, and all such deputy sheriffs who have been so employed for less than six months on such date shall be required to take competitive examinations.
Source
Laws 1969, c. 140, § 12, p. 646;
Laws 1972, LB 1093, § 4;
Laws 1975, LB 315, § 3;
Laws 1977, LB 122, § 3;
Laws 1982, LB 782, § 4;
Laws 2003, LB 222, § 10;
Laws 2016, LB742, § 8.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1733 - Promotions; procedure.

23-1733.
Promotions; procedure.
Whenever possible, vacancies shall be filled by promotion. Promotion shall be made from among deputy sheriffs qualified by training and experience to fill the vacancies and whose length of service entitles them to consideration. The commission shall, for the purpose of certifying to the sheriff the list of deputy sheriffs eligible for promotion, rate such deputy sheriffs so qualified on the basis of their service record, experience in the work involved in the vacant position, training and qualifications for such work, seniority, and military service ratings. Seniority shall be controlling only when other factors are equal. Only the names of the three highest on the list of ratings shall be certified. The sheriff shall forthwith appoint one of the three persons so qualified.
Source
Laws 1969, c. 140, § 13, p. 646.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1735 - Classified service; discrimination; prohibited.

23-1735.
Classified service; discrimination; prohibited.
No person in the classified service or seeking admission thereto shall be appointed, reduced, or removed, or in any way favored or discriminated against because of his political, racial, or religious opinions or affiliations, except for membership in any organization which has advocated or does advocate the overthrow of the government of the United States or this state by force or violence.
Source
Laws 1969, c. 140, § 15, p. 647.