reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-373 - Subdivisions; platting; approval of county board; exceptions.

23-373.
Subdivisions; platting; approval of county board; exceptions.
Before an owner of real property located in an unincorporated area may subdivide, plat, or lay out the real property in building lots, streets, or other portions or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto, the approval of the county board is required, except that:
(1) If the property is within the Niobrara scenic river corridor as defined in section 72-2006, the approval of the Niobrara Council is required; and
(2) If the property is located in an area where a municipality exercises zoning control and does not require approval of the Niobrara Council, the approval of the municipality is required.
Source
Laws 1961, c. 94, § 2, p. 321;
Laws 1967, c. 117, § 17, p. 377;
Laws 2000, LB 1234, § 11.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-374 - Subdivisions; platting; requirements.

23-374.
Subdivisions; platting; requirements.
No plat of real property, described in section 23-373, shall be recorded or have any force and effect unless the same be approved by the county board of such county. The county board of such county shall have power, by resolution, to provide the manner, plan, or method by which real property in any such area may be subdivided, platted, or laid out, including a plan or system for the avenues, streets, or alleys to be laid out within or across the same including the hard surfacing thereof.
Source
Laws 1961, c. 94, § 3, p. 322.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-375 - Subdivisions; dedication of avenues, streets, alleys; hard surfacing.

23-375.
Subdivisions; dedication of avenues, streets, alleys; hard surfacing.
The county board shall have power to compel the owner of any real property in such area in subdividing, platting, or laying out the same to conform to the requirements of the resolution and to lay out and dedicate the avenues, streets, and alleys and hard surfacing thereof in accordance therewith.
Source
Laws 1961, c. 94, § 4, p. 322.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-376 - Applicability of sections.

23-376.
Applicability of sections.
The provisions of sections 23-373 to 23-377 shall not apply in any county unless the county board of such county shall have first adopted a comprehensive development plan as defined in section 23-114.02, nor until the county board of such county has duly adopted comprehensive and uniform platting and subdivision regulations governing the alignment of streets, maximum grade of streets and minimum area of lots.
Source
Laws 1961, c. 94, § 5, p. 322;
Laws 1967, c. 117, § 18, p. 378.
Annotations
Approval by county board of transfer of land from one school district to another was not required by sections 23-373 to 23-377, R.R.S.1943, where there was no evidence that the county board had adopted "comprehensive and uniform platting and subdivision regulations". Schilke v. School Dist. No. 107 of Saunders County, 207 Neb. 448, 299 N.W.2d 527 (1980).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-377 - Subdivisions; comprehensive plan; standards; county board prescribe.

23-377.
Subdivisions; comprehensive plan; standards; county board prescribe.
The county board shall also have authority to provide for a comprehensive plan for the area within the zoning and subdivision jurisdiction of the county, to be the general plan for the improvement and development of such area, and to prescribe standards for laying out subdivisions in harmony with such comprehensive plan.
Source
Laws 1961, c. 94, § 6, p. 322.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-379 - Garbage disposal plants; systems or solid waste disposal areas; purchase, construct, maintain.

23-379.
Garbage disposal plants; systems or solid waste disposal areas; purchase, construct, maintain.
Each county may purchase, construct, maintain, and improve garbage disposal plants, systems or solid waste disposal areas, and purchase equipment for the operation thereof, for the use of its inhabitants and incorporated municipalities located in such county, and may lease or take land in fee by donation, gift, devise, purchase or appropriation for rights-of-way, for the construction and operation of such a disposal plant, system or solid waste disposal areas. Each county may also make and enter into a contract or contracts with any person, firm, or corporation for the construction, maintenance, or operation of a garbage disposal plant, system or solid waste disposal area.
Source
Laws 1967, c. 112, § 1, p. 360;
Laws 1969, c. 163, § 1, p. 737;
Laws 1979, LB 22, § 1.
Cross References
For joint management of solid waste, see the Integrated Solid Waste Management Act, section 13-2001.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-380 - Garbage disposal plant; system or solid waste disposal areas; cities and villages; agreement.

23-380.
Garbage disposal plant; system or solid waste disposal areas; cities and villages; agreement.
Any governing body of any incorporated city or village situated within the county may enter into agreement with the county as provided by the provisions of Chapter 13, article 8, to operate and maintain any garbage disposal plant, system or solid waste disposal areas located outside the corporate limits of the city or village. The garbage disposal plant, system or solid waste disposal areas shall be open to the public. The county board and the governing body of the city or village shall agree upon the operation and the appropriation of funds to such cooperative undertaking.
Source
Laws 1967, c. 112, § 2, p. 360;
Laws 1969, c. 163, § 2, p. 738.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-381 - Garbage disposal; levy; tax.

23-381.
Garbage disposal; levy; tax.
The county board may levy a tax sufficient to cover the contributions required to be made. The levy shall be included in determining the maximum levy that a county is authorized to impose.
Source
Laws 1967, c. 112, § 3, p. 360;
Laws 1999, LB 141, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-382 - Public gatherings; protest; enjoin; grounds.

23-382.
Public gatherings; protest; enjoin; grounds.
Whenever fifty or more residents of a county file a written protest with the county board of such county in which they contend that a proposed public exhibition, public entertainment, or public gathering will adversely affect the public health or welfare, or may adversely affect the health and welfare of those in attendance at such public exhibition, public entertainment, or public gathering the county board may set such protest for hearing, and if the board thereafter determines that such exhibition, entertainment, or gathering will apparently have an adverse effect on the public health and welfare or the health and welfare of those in attendance, it shall forthwith cause an action to be brought in the appropriate court to restrain and enjoin such public exhibition, entertainment, or gathering. The court may restrain and permanently enjoin, where the facts indicate the necessity for such action on the basis of the public health and welfare, or, in the alternative, may impose such conditions on the holding of such exhibition, entertainment, or gathering, including the giving of a bond, as will adequately protect the public health and welfare or the health and welfare of those in attendance. The county board shall give such advance notice of the protest and of its hearing thereon as may be reasonable under the circumstances of the particular case, and the notice shall be given by the posting thereof at or immediately adjacent to the premises where such exhibition, entertainment, or gathering is to be held, and it may give such additional notice by publication, or by personal service or service by registered or certified mail on the owner, lessee, or occupant of the premises, or the promoter of such gathering or his agent, as the county board in its judgment may deem feasible.
Source
Laws 1971, LB 63, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-383 - Regulation by county; authorized.

23-383.
Regulation by county; authorized.
All counties in Nebraska are hereby authorized and empowered by resolution to regulate the construction, installation, operation, and maintenance within their county limits and outside the limits of any incorporated city or village of all persons or entities furnishing community antenna television service. All counties, acting through their county boards, shall have power to require every individual or entity offering such service, subject to reasonable rules and regulations, to furnish any person applying therefor along the lines of its wires, cables or other conduits, with community antenna television service. The county board shall have power to prescribe reasonable quality standards for such service and to regulate and fix reasonable and compensatory rents or rates for such service including installation charges.
Source
Laws 1971, LB 257, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-384 - Construction, installation, operation, maintenance; permit required.

23-384.
Construction, installation, operation, maintenance; permit required.
It shall be unlawful for any person, firm, or corporation to construct, install, operate, or maintain in or along the streets, alleys and public ways, or elsewhere within the limits of any county, and outside of the limits of any incorporated city or village a community antenna television service without first obtaining, from such county, a permit which permit shall authorize the grantee to provide community antenna television service on a nonexclusive basis within the limits of the county.
Source
Laws 1971, LB 257, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-385 - Underground cables and equipment; map; filing.

23-385.
Underground cables and equipment; map; filing.
Counties may require the filing with the county clerk by the person, firm, or corporation constructing, installing, operating, or maintaining such community antenna television service of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of the same.
Source
Laws 1971, LB 257, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-386 - Occupation tax; levy; due date.

23-386.
Occupation tax; levy; due date.
Counties may levy an annual occupation tax against any person, firm, or corporation now maintaining and operating any community antenna television service within its boundaries; and may levy an annual occupation tax against any persons, firms, or corporations hereafter constructing, installing, operating, or maintaining such community antenna television service. Any such occupation tax so levied shall be due and payable on May 1 of each year to the treasurer of such county.
Source
Laws 1971, LB 257, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-387 - Violations; penalty.

23-387.
Violations; penalty.
In the event of violation of any provision of sections 23-383 to 23-388 by any person or entity furnishing community antenna television service, the county having granted such permit shall immediately serve notice of such violation upon the permitholder with directions to correct such violation within ninety days or show cause why such violation should not be corrected at a public hearing held in conjunction with the next regularly scheduled meeting of the board. Continued violation of sections 23-383 to 23-388 may be enjoined by the district court. Any person who willfully violates any provision of sections 23-383 to 23-388 shall be guilty of a Class IV misdemeanor for each offense.
Source
Laws 1971, LB 257, § 5;
Laws 1977, LB 40, § 90.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-388 - Franchise granted by municipality; exempt from sections.

23-388.
Franchise granted by municipality; exempt from sections.
No community television franchise heretofore or hereafter granted by any municipality under the provisions of Chapter 18, article 22, shall be affected by the provisions of sections 23-383 to 23-388.
Source
Laws 1971, LB 257, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-389 - County; provide for horseracing facilities; paid for by revenue bonds; bond anticipation notes; procedure.

23-389.
County; provide for horseracing facilities; paid for by revenue bonds; bond anticipation notes; procedure.
Any county of the State of Nebraska may acquire a site or sites and construct, purchase, or otherwise acquire, remodel, repair, furnish, and equip grandstands, pavilions, exhibition halls, barns, racetracks, and other horseracing facilities by issuing revenue bonds payable solely from the revenue therefrom. The bonds shall not constitute a debt of the county or the State of Nebraska but shall be payable solely out of the revenue. Such bonds shall mature in not to exceed thirty years and bear interest at such rates and have such other terms and conditions as the county board shall determine. A county undertaking construction and acquisition of such facilities shall have the power from time to time to issue bond anticipation notes to mature not less than thirty months from the date thereof in an amount not exceeding the aggregate at any time outstanding of the amount of bonds then or theretofore authorized. Payment of such notes shall be made from any money or revenue which the county may have available for such purposes or from the proceeds of the sale of the revenue bonds authorized in this section. The county may pledge any revenue derived from the operation, management, or sale of the property constructed or acquired with the proceeds of the bonds for the payment of such notes and revenue bonds. Such bonds shall be registered with the county clerk.
Source
Laws 1976, LB 519, § 1;
Laws 2001, LB 420, § 20.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-390 - Horseracing facilities; operation and maintenance; nonprofit corporation; use of revenue.

23-390.
Horseracing facilities; operation and maintenance; nonprofit corporation; use of revenue.
Any county constructing or acquiring any of the facilities authorized in section 23-389 that include racetrack and horseracing facilities shall be authorized to lease to or enter into an agreement for operation and maintenance of such facilities by a Nebraska nonprofit corporation organized exclusively for civic purposes or which conducts a livestock exposition for the promotion of the livestock or horse-breeding industry of the state and which does not permit its members to derive personal profit from its activities by way of dividends or otherwise. Any such lease or operating agreement shall provide that all revenue derived therefrom shall be used for expenses of operation and maintenance of the facilities, improvements, or additions to such facilities and public works projects within the county.
Source
Laws 1976, LB 519, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-391 - Horseracing facilities; taxes or assessments; exemption; exceptions.

23-391.
Horseracing facilities; taxes or assessments; exemption; exceptions.
Counties acquiring and owning any facilities described in section 23-389 shall not be required to pay taxes or assessments upon any such facilities or upon any charges, fees, revenue, or other income received from such facilities except motor vehicle fuel taxes and the tax and fees imposed by section 2-1208.
Source
Laws 1976, LB 519, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-397 - Bridge construction and repair; bonds; issuance; election; procedure.

23-397.
Bridge construction and repair; bonds; issuance; election; procedure.
The county board of any county may issue and sell the general obligation bonds of such county in such amount as the county board may deem advisable for paying the costs of constructing, improving, reconstructing, and repairing bridges and bridge related roadway improvements upon public roads within or adjacent to such county. Such bonds shall bear interest at a rate or rates set by the county board and shall mature at such time or times as shall be set by the county board. No such bonds shall be issued until a proposition for their issuance shall have been submitted to the voters of such county at a general or special election called for such purpose and approved by a majority of the voters voting at such election. Such election may be called either by resolution of the county board or upon a petition submitted to the county board calling for an election. Such petition shall be signed by the legal voters of the county equal in number to ten percent of the number of votes cast in the county for the office of Governor at the most recent election at which the Governor was elected. Notice of any such election shall be given in the manner required for county election notices in section 23-126.
Source
Laws 1982, LB 492, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-398 - Bonds; levy of tax.

23-398.
Bonds; levy of tax.
In any county which has issued bonds pursuant to section 23-397, the county board shall levy annually upon all the taxable property in such county a tax sufficient to pay the interest and principal of such bonds as the same fall due.
Source
Laws 1982, LB 492, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-402 - Purpose of act.

23-402.
Purpose of act.
The purpose of the County Civil Service Commission Act is to guarantee to all citizens a fair and equal opportunity for employment in the county offices governed by the act and to establish conditions of employment and to promote economy and efficiency in such offices. In addition, the purpose of the act is to establish a system of personnel administration that meets the social, economic, and program needs of county offices. Such system shall provide the means to recruit, select, develop, and maintain an effective and responsive workforce and shall include policies and procedures for employee hiring and advancement, training and career development, position classification, salary administration, benefits, discipline, discharge, and other related matters. All appointments and promotions under the act shall be made based on merit and fitness.
Source
Laws 1971, LB 921, § 1;
R.S.1943, (2012), § 23-2501;
Laws 2019, LB411, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-403 - Terms, defined.

23-403.
Terms, defined.
As used in the County Civil Service Commission Act, unless the context otherwise requires:
(1) Employees means all county employees of the county. Employees does not include part-time employees, employees subject to the state personnel service, court-appointed employees, employees of the county attorney's office, employees of the public defender's office, dentists, physicians, practicing attorneys, deputy sheriffs, officers appointed by the Governor, or elected officers or the chief deputy of each office or the deputy of each office if there is not more than one deputy in the office;
(2) Part-time employee means any person whose position is seasonal or temporary as defined by the commission;
(3) Department head means an officer holding an elected office, an officer holding office by appointment of the Governor, the chief deputy of any office or the deputy if there is not more than one deputy, and such other persons holding positions as are declared to be department heads by the county board; and
(4) Commission means the civil service commission formed pursuant to section 23-404.
Source
Laws 1971, LB 921, § 2;
Laws 1977, LB 136, § 1;
Laws 1989, LB 5, § 5;
R.S.1943, (2012), § 23-2502;
Laws 2019, LB411, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-404 - Civil service commission; formation.

23-404.
Civil service commission; formation.
In any county having a population of four hundred thousand inhabitants or more as determined by the most recent federal decennial census, there shall be a civil service commission which shall be formed as provided in the County Civil Service Commission Act. A county shall comply with this section within six months after a determination that the population has reached four hundred thousand inhabitants or more as determined by the most recent federal decennial census.
Source
Laws 1971, LB 921, § 3;
Laws 2016, LB742, § 9;
Laws 2017, LB508, § 1;
R.S.Supp.,2018, § 23-2503;
Laws 2019, LB411, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-406 - Commission; members; compensation; expenses.

23-406.
Commission; members; compensation; expenses.
The members of the commission shall not receive compensation for their services but shall be reimbursed for such necessary expenses and mileage as may be incurred in the performance of their duties with reimbursement for mileage to be made at the rate provided in section 81-1176. The county board shall provide sufficient funds in order that such commission may function as set forth in the County Civil Service Commission Act.
Source
Laws 1971, LB 921, § 5;
Laws 1981, LB 204, § 31;
Laws 1996, LB 1011, § 14;
R.S.1943, (2012), § 23-2505;
Laws 2019, LB411, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-407 - Commission; meetings; notice; rules of procedure, adopt; chairperson.

23-407.
Commission; meetings; notice; rules of procedure, adopt; chairperson.
The commission shall hold regular meetings at least once every three months and shall designate the time and place thereof by notice posted in the courthouse at least seven days prior to the meeting. The commission shall adopt rules of procedure and shall keep a record of its proceedings. The commission shall also make provision for special meetings, and all meetings and records of the commission shall be open to the public except as otherwise provided in the County Civil Service Commission Act. The commission shall elect one of its members as chairperson for a period of one year or until a successor has been duly elected and qualified.
Source
Laws 1971, LB 921, § 6;
Laws 2018, LB786, § 10;
R.S.Supp.,2018, § 23-2506;
Laws 2019, LB411, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-408 - Commission; powers; duties.

23-408.
Commission; powers; duties.
(1) The commission may prescribe the following: (a) General employment policies and procedures; (b) regulations for recruiting, examination, and certification of qualified applicants for employment and the maintenance of registers of qualified candidates for employment for all employees governed by the County Civil Service Commission Act; (c) a system of personnel records containing general data on all employees and standards for the development and maintenance of personnel records to be maintained within the offices governed by the act; (d) regulations governing such matters as hours of work, promotions, transfers, demotions, probation, terminations, and reductions in force; (e) regulations for use by all offices governed by the act relating to such matters as employee benefits, vacation, sick leave, and holidays.
(2) The commission shall require department heads to provide sufficient criteria to enable the commission to properly conduct employment examinations.
(3) The commission shall require department heads to supply to the commission position classification plans, job descriptions, and job specifications.
(4) Individual personnel records shall be available for inspection only by the employee involved, the employee's department head, and such other persons as the commission shall authorize.
(5) The commission shall have such other powers as are necessary to effectuate the purposes of the act.
(6) All acts of the commission pursuant to the authority conferred in this section shall be binding on all county department heads governed by the County Civil Service Commission Act.
Source
Laws 1971, LB 921, § 7;
Laws 2018, LB786, § 11;
R.S.Supp.,2018, § 23-2507;
Laws 2019, LB411, § 8.
Annotations
The civil service commission is a statutorily created tribunal established by the Legislature. As a statutorily created entity, the commission has only such authority as has been conferred on it by statute. Douglas Cty. Bd. of Comrs. v. Civil Serv. Comm. of Douglas Cty., 263 Neb. 544, 641 N.W.2d 55 (2002).
The mandatory retirement at age sixty-five provision adopted by the Douglas County Civil Service Commission reflects a permissible means of accomplishing a rational and reasonable objective and it is not unconstitutional. Armstrong v. Howell, 371 F.Supp. 48 (D. Neb. 1974).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-409 - Commission; salary and pay plans for employees; recommend.

23-409.
Commission; salary and pay plans for employees; recommend.
The commission may recommend to the county board salary and pay plans for the employees.
Source
Laws 1971, LB 921, § 8;
R.S.1943, (2012), § 23-2508;
Laws 2019, LB411, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-410 - Employees; status.

23-410.
Employees; status.
All employees governed by the County Civil Service Commission Act on September 1, 2019, shall retain their employment without the necessity of taking any qualifying examination.
Source
Laws 1971, LB 921, § 9;
R.S.1943, (2012), § 23-2509;
Laws 2019, LB411, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-411 - Employee; discharged, suspended, demoted; order filed with commission; copy to employee; appeal.

23-411.
Employee; discharged, suspended, demoted; order filed with commission; copy to employee; appeal.
Any employee may be discharged, suspended, or demoted in rank or compensation by his or her department head by a written order which shall specifically state the reasons therefor. Such order shall be filed with the commission, and a copy of such order shall be served upon the employee personally or by leaving it at his or her usual place of residence. Any employee so affected may, within ten days after service of the order, appeal such order to the commission. Notice of such appeal shall be in writing, signed by the employee appealing, and delivered to any member of the commission. The delivery of the notice of appeal shall be sufficient to perfect an appeal, and no other act shall be deemed necessary to confer jurisdiction of the commission over the appeal. In the event any employee is discharged, suspended, or demoted prior to the formation of the commission, such employee may appeal the order to the commission within ten days after the formation of the commission in the manner provided in this section.
Source
Laws 1971, LB 921, § 10;
Laws 2018, LB786, § 12;
R.S.Supp.,2018, § 23-2510;
Laws 2019, LB411, § 11.
Annotations
Pursuant to this section, the civil service commission is authorized to hear employee appeals from decisions where an employee is discharged, suspended, or demoted in rank or compensation by the employee's department head by a written order. The Legislature has authorized the commission to hear only those appeals which meet the requirements of this section. Douglas Cty. Bd. of Comrs. v. Civil Serv. Comm. of Douglas Cty., 263 Neb. 544, 641 N.W.2d 55 (2002).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-412 - Employee; discharged, suspended, demoted; appeal; hearing; order; effect.

23-412.
Employee; discharged, suspended, demoted; appeal; hearing; order; effect.
The commission shall, within two weeks after receipt of the notice of appeal, hold a public hearing thereon at which the employee shall be entitled to appear personally, be represented by counsel, cross-examine witnesses, and produce evidence. The commission shall have the authority to affirm, modify, or revoke the order appealed from, and the finding and the decision of the commission shall be certified to the department head who issued the order, and the finding and decision of the commission shall be binding on all parties concerned. In the event of an appeal to the commission, no order affecting an employee shall become permanent until the finding and decision of the commission shall be certified as provided in this section. Notwithstanding any other provision of the County Civil Service Commission Act, an employee affected by an order may request transfer to another department governed by the County Civil Service Commission Act with the consent of the commission and the department head of such other department.
Source
Laws 1971, LB 921, § 11;
R.S.1943, (2012), § 23-2511;
Laws 2019, LB411, § 12.
Annotations
A civil service commission acts in a judicial manner when deciding county employee appeals. Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (2017).
A civil service commission deciding county employee appeals under this section acts in an adjudicatory fashion akin to a trial court, holding an appeal hearing at which the employee shall be entitled to appear personally, be represented by counsel, cross-examine witnesses, and produce evidence. Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (2017).
A plain reading of the statutes which govern the appeal process from a county commission does not reveal an express or implied legislative intent to limit objections on appeal to those claims presented to the administrative tribunal. Although appeals through administrative channels are preferred and encouraged, procedural due process defenses should not be waived if timely raised in the first judicial tribunal to review the administrative action. Ashby v. Civil Serv. Comm. of Douglas County, 241 Neb. 988, 492 N.W.2d 849 (1992).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-413 - Commission; subpoena, oaths, production of records; powers.

23-413.
Commission; subpoena, oaths, production of records; powers.
To effectively carry out the duties imposed on the commission by the County Civil Service Commission Act, the commission shall have the power to subpoena witnesses, administer oaths, and compel the production of books and papers.
Source
Laws 1971, LB 921, § 12;
R.S.1943, (2012), § 23-2512;
Laws 2019, LB411, § 13.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-414 - Employee; no discrimination against because of political, racial, or religious opinions or affiliations; exceptions.

23-414.
Employee; no discrimination against because of political, racial, or religious opinions or affiliations; exceptions.
No employee or person desiring to be an employee in an office governed by the County Civil Service Commission Act shall be appointed, demoted, discharged, or in any way favored or discriminated against, because of political, racial, or religious opinions or affiliations, but advocating or being a member of a political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence shall be sufficient reason to discharge an employee.
Source
Laws 1971, LB 921, § 13;
R.S.1943, (2012), § 23-2513;
Laws 2019, LB411, § 14.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-415 - Chief deputy or deputy; removal; effect on salary.

23-415.
Chief deputy or deputy; removal; effect on salary.
Notwithstanding any other provision of the County Civil Service Commission Act, any person who holds the position of chief deputy, or deputy if there is not more than one deputy in the office, may be removed by the elected officer from the position of chief deputy or deputy without cause, but such person shall, if he or she has been an employee of the county for more than two years prior to the appointment as chief deputy or deputy, have the right, unless discharged or demoted as provided in sections 23-411 and 43-412, to remain as a county employee at a salary not less than eighty percent of his or her average salary during the three preceding years.
Source
Laws 1971, LB 921, § 14;
Laws 2018, LB786, § 13;
R.S.Supp.,2018, § 23-2514;
Laws 2019, LB411, § 15.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-416 - Human resources director; qualifications; duties; personnel records.

23-416.
Human resources director; qualifications; duties; personnel records.
(1) The county board shall appoint a human resources director to help carry out the County Civil Service Commission Act. Such human resources director shall be a person experienced in the field of personnel administration and in known sympathy with the application of merit principles in public employment. The human resources director shall report to the county board. In addition to other duties imposed upon him or her by the county board, the human resources director shall:
(a) Apply and carry out the act and the rules and regulations thereunder;
(b) Attend meetings of the commission and act as its secretary and keep minutes of its proceedings;
(c) Establish and maintain a roster of all employees in the classified service which shall set forth the class title, pay, status, and other pertinent data for each employee;
(d) Appoint such employees and experts and special assistants as may be necessary;
(e) Foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employee effectiveness, including, but not limited to, training, safety, health, counseling, and welfare;
(f) Encourage and exercise leadership in the development of effective personnel administration with the several county agencies, departments, and institutions; and
(g) Perform such other duties as he or she may consider necessary or desirable to carry out the purposes of the County Civil Service Commission Act.
(2) The human resources director shall require department heads to provide sufficient criteria to enable the commission to properly conduct employment examinations and shall require department heads to supply to the commission position classification plans, job descriptions, and job specifications.
(3) Individual personnel records shall be available for inspection only by the employee involved, the employee's department head, and such other persons as the commission shall authorize.
Source
Laws 2019, LB411, § 16.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-417 - Commission; appeals; district court; procedure.

23-417.
Commission; appeals; district court; procedure.
An appeal from a final order of the commission shall be in the manner provided in sections 25-1901 to 25-1908.
Source
Laws 1971, LB 921, § 15;
Laws 1986, LB 595, § 1;
R.S.1943, (2012), § 23-2515;
Laws 2019, LB411, § 17.
Annotations
An appeal from a final order of the county civil service commission is a petition in error, not an original breach of contract action against the county under section 23-135. Pierce v. Douglas Cty. Civil Serv. Comm., 275 Neb. 722, 748 N.W.2d 660 (2008).
The district court had jurisdiction over a former employee's petition in error claiming that the county public properties department breached grievance procedures under a collective bargaining agreement in terminating his employment. Pierce v. Douglas Cty. Civil Serv. Comm., 275 Neb. 722, 748 N.W.2d 660 (2008).
When the county civil service commission acts in a judicial manner, a party adversely affected by its decision is entitled to appeal to the district court through the petition in error statutes. Pierce v. Douglas Cty. Civil Serv. Comm., 275 Neb. 722, 748 N.W.2d 660 (2008).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-418 - Act, how construed.

23-418.
Act, how construed.
If any provision of the County Civil Service Commission Act or of any rule, regulation, or order thereunder or the application of such provision to any person or circumstances shall be held invalid, the remainder of the County Civil Service Commission Act and the application of such provision of the County Civil Service Commission Act or of such rule, regulation, or order to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Source
Laws 1971, LB 921, § 16;
R.S.1943, (2012), § 23-2516;
Laws 2019, LB411, § 18.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-501 - County buildings; erection; petition.

23-501.
County buildings; erection; petition.
Whenever it is deemed necessary to erect a courthouse, jail, or other public county buildings in any county in this state, the county board may and, upon petition of not less than one-fourth of the registered voters of the county as shown by the list of registered voters of the last previous general election, shall submit to the people of the county to be voted upon at a general election or at a special election called by the county board for that purpose a proposition to vote a special annual tax for that purpose 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 county for a term of not to exceed five years. The special annual tax is excluded from the limitation in section 77-3442 as provided by section 77-3444.
Source
Laws 1895, c. 27, § 1, p. 129;
Laws 1897, c. 22, § 1, p. 187;
Laws 1909, c. 31, § 1, p. 213;
R.S.1913, § 436;
C.S.1922, § 353;
C.S.1929, § 11-701;
R.S.1943, § 23-501;
Laws 1953, c. 287, § 47, p. 958;
Laws 1979, LB 187, § 120;
Laws 1992, LB 719A, § 104;
Laws 1997, LB 764, § 7;
Laws 1999, LB 141, § 5.
Annotations
Authority to borrow money for the purpose of building a courthouse must be conferred by a vote of the electors. Lewis v. Board of County Commissioners of Sherman County, 5 F. 269 (Cir. Ct., D. Neb. 1881).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-502 - Election; proposition; submission.

23-502.
Election; proposition; submission.
The manner of submitting such proposition shall be governed by section 23-126.
Source
Laws 1895, c. 27, § 2, p. 129;
R.S.1913, § 437;
C.S.1922, § 354;
C.S.1929, § 11-702;
R.S.1943, § 23-502.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-503 - Election; tax; how collected; resubmission of proposal.

23-503.
Election; tax; how collected; resubmission of proposal.
The county board, upon being satisfied that all the foregoing requirements have been substantially complied with, and that sixty percent of all the votes cast at said election are in favor of such tax, shall cause such proposition and all the proceedings had thereon to be entered upon the records of said county board, and shall make an order that said levy be carried on the tax lists in a column for that purpose, and collected as other taxes;
Provided,
that the question of levying such taxes, when defeated, shall not be resubmitted in substance for a period of one year from and after the date of said election.
Source
Laws 1895, c. 27, § 3, p. 129;
R.S.1913, § 438;
C.S.1922, § 355;
Laws 1923, c. 186, § 1, p. 429;
C.S.1929, § 11-703;
R.S.1943, § 23-503.
Annotations
Inclusion of an airport authority budget in general city budget hearing did not meet requirement of public budget hearing, after notice, by airport authority. Willms v. Nebraska City Airport Authority, 193 Neb. 567, 228 N.W.2d 276 (1975).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-504 - Tax; when levied.

23-504.
Tax; when levied.
If the time such election is held and such tax voted is before the tax lists for that year have been delivered to the county treasurer, then such levy shall be entered upon such tax lists for that year; but if such election is not held until after the tax lists for that year have been delivered to the county treasurer, then such tax shall not be levied or carried on such tax lists until the next annual levy of taxes, when the same shall be levied and collected annually for the time voted at such election.
Source
Laws 1895, c. 27, § 4, p. 130;
R.S.1913, § 439;
C.S.1922, § 356;
C.S.1929, § 11-704;
R.S.1943, § 23-504.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-505 - Sinking fund.

23-505.
Sinking fund.
Such sum so levied and collected shall constitute a special fund for the purposes for which the same was voted and shall not be used for any other purpose, and shall be kept by the county treasurer separate and apart from the other county funds.
Source
Laws 1895, c. 27, § 5, p. 130;
R.S.1913, § 440;
C.S.1922, § 357;
C.S.1929, § 11-705;
R.S.1943, § 23-505.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-506 - Public buildings; contracts; warrants; when authorized.

23-506.
Public buildings; contracts; warrants; when authorized.
No contract shall be entered into by the county board for the erection of buildings to be paid for out of such fund until at least seventy percent of such levy has been collected and paid into the county treasury. After the completion of said building, if sufficient funds are not in the county treasury to finish paying for same, warrants may be issued to an amount not exceeding eighty-five percent of the levy yet uncollected.
Source
Laws 1895, c. 27, § 6, p. 130;
R.S.1913, § 441;
C.S.1922, § 358;
Laws 1923, c. 38, § 1, p. 152;
C.S.1929, § 11-706;
R.S.1943, § 23-506.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-507 - Surplus building fund; disposition.

23-507.
Surplus building fund; disposition.
In case the amount so produced by the rate of tax so proposed and levied shall exceed the amount expended for the specific object for which the same was voted, it shall not therefor be held invalid, but such excess, after said buildings and furnishings are paid for, shall go into the county general fund.
Source
Laws 1895, c. 27, § 7, p. 130;
R.S.1913, § 442;
C.S.1922, § 359;
C.S.1929, § 11-707;
R.S.1943, § 23-507.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-808 - Pool hall; bowling alley; operation without license; penalty.

23-808.
Pool hall; bowling alley; operation without license; penalty.
No person hereafter shall conduct or operate any pool or billiard hall or bowling alley outside the limits of any incorporated city or village without having first obtained a license from the county board of the county in which the same is to be operated. Any person, corporation or association violating the provisions of this section shall be guilty of a Class V misdemeanor. Every day in which the pool or billiard hall or bowling alley shall be operated without said license shall constitute a new offense.
Source
Laws 1913, c. 55, § 1, p. 163;
R.S.1913, § 1115;
Laws 1917, c. 21, § 1, p. 86;
C.S.1922, § 1049;
C.S.1929, § 26-743;
R.S.1943, § 23-808;
Laws 1977, LB 40, § 91.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-809 - Pool hall; bowling alley; petition for license.

23-809.
Pool hall; bowling alley; petition for license.
Before any such license shall be originally granted by the county board, the applicant therefor shall file a petition in the office of the county clerk of said county praying that said license be granted. The petition must be signed by at least thirty of the resident freeholders of the precinct in which said pool or billiard hall or bowling alley is located and operated.
Source
Laws 1913, c. 55, § 2, p. 163;
R.S.1913, § 1116;
C.S.1922, § 1050;
C.S.1929, § 26-744;
R.S.1943, § 23-809;
Laws 1965, c. 105, § 1, p. 429.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-810 - Pool hall; bowling alley; license; hearing; renewal.

23-810.
Pool hall; bowling alley; license; hearing; renewal.
Notice of the application for original license shall be published at the expense of the applicant for two consecutive weeks in some newspaper of general circulation in such county and precinct giving the time and place at which the application will be considered by the county board. If the applicant is an individual, the application shall include the applicant's social security number. After full consideration, and the hearing of remonstrants, if there be any, the county board may, in its discretion, grant or withhold such license. Any such license may be renewed from year to year upon application and payment of the fee provided in section 23-811, without petition or publication of notice.
Source
Laws 1913, c. 55, § 3, p. 163;
R.S.1913, § 1117;
C.S.1922, § 1051;
C.S.1929, § 26-745;
R.S.1943, § 23-810;
Laws 1965, c. 105, § 2, p. 429;
Laws 1997, LB 752, § 79.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-811 - Pool hall; bowling alley; license fee; closing hour; determination by county board.

23-811.
Pool hall; bowling alley; license fee; closing hour; determination by county board.
Before the issuance of such license by the county board, the applicant therefor shall pay into the county treasury the sum of ten dollars per table for the first three tables and five dollars for each additional table and ten dollars per alley for the first three alleys and five dollars for each additional alley as license fee for the period of one year from the date of issuance of said license. Said pool or billiard hall or bowling alley shall be required to close as determined by resolution of the county board.
Source
Laws 1913, c. 55, § 4, p. 164;
R.S.1913, § 1118;
C.S.1922, § 1052;
C.S.1929, § 26-746;
R.S.1943, § 23-811;
Laws 1961, c. 95, § 1, p. 323;
Laws 1963, c. 113, § 5, p. 445.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-812 - Pool hall; bowling alley; licensee; violations; forfeiture of license.

23-812.
Pool hall; bowling alley; licensee; violations; forfeiture of license.
Any licensee under sections 23-808 to 23-812 who shall be convicted of violation of any law regulating such places of amusement during the life of his license shall forfeit said license upon order of the county board. Such order shall be entered by the county board upon hearing and proof which shall include the filing of a transcript from any court showing such conviction.
Source
Laws 1913, c. 55, § 5, p. 164;
R.S.1913, § 1119;
C.S.1922, § 1053;
C.S.1929, § 26-747;
R.S.1943, § 23-812.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-813 - Roadhouses; dance halls; carnivals; shows; amusement parks; license required.

23-813.
Roadhouses; dance halls; carnivals; shows; amusement parks; license required.
No person, association, firm, or corporation shall conduct or operate any roadhouse, dance hall, carnival, show, amusement park, or other place of public amusement, outside the limits of any incorporated city or village in the State of Nebraska, without first having obtained a license from the county board of the county in which the same is to be operated. If the applicant is an individual, the application shall include the applicant's social security number. Any person, corporation, or association violating the provisions of this section shall be guilty of a Class V misdemeanor. No license shall be required for a dance in an inhabited private home to which no admission or other fee is charged.
Source
Laws 1931, c. 38, § 1, p. 131;
C.S.Supp.,1941, § 26-751;
R.S.1943, § 23-813;
Laws 1947, c. 68, § 1, p. 219;
Laws 1977, LB 40, § 92;
Laws 1997, LB 752, § 80.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-814 - Roadhouses; dance halls; carnivals; shows; amusement parks; petition for license.

23-814.
Roadhouses; dance halls; carnivals; shows; amusement parks; petition for license.
Before any such license shall be granted by the county board, the applicant therefor shall file a petition in the office of the county clerk of said county praying that said license be granted.
Source
Laws 1931, c. 38, § 2, p. 131;
C.S.Supp.,1941, § 26-752;
R.S.1943, § 23-814.