Section
Elected Officials
31.01 Mayor; selection and duties
31.02 City Council; Acting President
31.03 City Council; selection and duties
31.04 City Council; organization
31.05 Vacancy
31.06 Mayor vacancy
31.07 Mayor; election; qualifications; term
Appointed
31.19 Appointment; terms; removal; powers; duties
31.20 Merger of offices
31.21 City Clerk/Treasurer; clerk duties
31.22 City Clerk/Treasurer; treasurer duties
31.23 Clerk/Treasurer's monthly report
31.24 Clerk/Treasurer's annual report
31.25 City Attorney
31.26 City Physician
31.27 City Police Chief
31.28 City police officers
31.29 City Fire Chief and Assistant City Fire Chief
31.30 City Engineer
31.31 Public Works Director
31.32 (Reserved)
31.33 City Building Inspector
31.34 City Zoning Inspector
31.35 City Administrator
Bonds and Oath
31.50 Bonds; form
31.51 Oath of office; city officials
Compensation
31.65 City officials
31.66 Conflict of interest
ELECTED OFFICIALS
The Mayor of the city shall have the general and immediate control over all property and officials, whether elected or appointed, of the city. He or she shall preside at all meetings of the City Council, and shall have the right to vote only when his or her vote shall be decisive on any pending matter. His or her signature must appear on the City Clerk/Treasurer's minutes of all meetings, and he or she must sign all resolutions which have been passed, and warrants for the payment of money when ordered by the City Council; provided, any ordinance vetoed by the Mayor may be passed over his or her veto by a two-thirds vote by the members of the City Council, but if the Mayor refuses to sign any ordinance, and returns it to the Council with his or her objections, the unsigned ordinance would then become law without his or her signature at the time of the next meeting of the Council. He or she shall from time to time communicate to the Council any information and recommendations as, in his or her opinion, may improve the city. He or she may require at reasonable intervals any city official to exhibit his or her accounts and make reports to the Council on any subject pertaining to his or her office. He or she shall have the power to remit fines or pardon any offense arising under the ordinances of the city. He or she shall have the authority to call on every male inhabitant of the city over 18 years of age and under the age of 50 years to aid in enforcing the laws. He or she may remove at any time an appointed police officer of the city. His or her territorial authority shall extend over all places within five miles of the corporate limits of the city for the enforcement of any health ordinance, and one-half mile in all matters vested in him or her except taxation. He or she shall also have any other duties as the City Council may by resolution confer upon him or her, or in any other matters which the laws of the state repose in him or her. He or she shall be elected at the city election, and shall serve a four-year term of office. Any candidate for Mayor must have resided within the city for 40 days prior to filing for the office and must, in addition, be a qualified taxpayer.
(Neb. RS 17-110 through 17-117 ) (1973 Code, § 1-101)
The City Council shall elect one of its own body each year who shall be styled the President of the Council, and who shall preside at all meetings of the City Council in the absence of the Mayor. In the absence of the Mayor, and the President of the Council, the City Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the Council. Both the President of the Council and the Acting President of the Council, when occupying the position of the Mayor, shall have the same privileges as the other members of the City Council, and all acts of the President of the Council, or Acting President of the Council, while so acting, shall be as binding upon the City Council, and upon the city as if done by the elected Mayor.
(Neb. RS 17-148) (1973 Code, § 1-102)
The members of the City Council shall be elected and serve for a four-year term. The City Council shall be the legislative division of the city government, and shall perform the duties, and have the powers as may be authorized by law. The City Council shall maintain the peace, regulate business, protect the public health and safety, and assess the taxes and fees as are necessary and appropriate in the exercise of these functions.
(Neb. RS 17-103 and 17-104) (1973 Code, § 1-103)
City Council Members of this city shall take office and commence their duties on the first regular meeting in December following their election. The newly elected Council Members who have qualified as prescribed by law, together with the members of the City Council holding over, shall assemble in a regular meeting at the hour and place hereinafter prescribed and perfect the reorganization of the City Council as herein provided, and all appointive offices in which the terms of incumbents are expired shall be filled by appointment. After the meeting has been called to order, the City Clerk/Treasurer shall report to the City Council the names of all City Council Members-elect who have qualified for their respective offices, and this report shall be spread upon the minutes of the meeting preceding the roll call.
(Neb. RS 17-104 and 19-613) (1973 Code, § 1-104) (Ord. 454, passed 12-1-1977; Ord. 792, passed 8-6-2009)
(A) Whenever a vacancy occurs in an elected office of the city, except Mayor, notice of the vacancy shall be presented in writing to the City Council at a regular meeting and the notice shall appear as a part of the minutes of the meeting.
(B) The City Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or by posting in three public places in the city the office vacated and the length of the unexpired term.
(C) The Mayor shall within two weeks after the regular meeting at which the notice has been presented, or upon the death of the incumbent, call a special meeting of the City Council, at which time the Mayor shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term. Upon a majority vote of approval by the City Council, the vacancy shall be filled.
(D) If a majority vote is not reached, the nomination shall be rejected and the Mayor shall at the next regular meeting submit the name of another qualified elector. If the vote on the nominee fails to carry by majority vote, the Mayor shall continue at the meeting to submit the names of qualified electors and the City Council shall continue to vote upon the nominations until the vacancy is filled.
(E) The Mayor shall cast his or her vote only in case of a tie vote of the City Council.
(F) All City Council Members shall cast a ballot for or against each nominee.
(1973 Code, § 1-105) (Ord. 421, passed 3-4-1976)
(A) Whenever a vacancy occurs in the Office of Mayor, or in case of his or her disability or absence, the President of the Council shall exercise the Office of Mayor until the vacancy is filled or the disability is removed, or in case of temporary absence, until the Mayor returns.
(B) When the successful candidate for Mayor shall be prevented from assuming office, the incumbent Mayor shall not be entitled to hold over the term, but the office shall automatically become vacant and the President of the Council shall exercise the office of Mayor until the vacancy is filled.
(C) If the President of the Council shall for any cause assume the office of Mayor for the remainder of the unexpired term, there shall be a vacancy on the Council which shall be filled as provided in § 31.05.
(Neb. RS 17-107) (1973 Code, § 1-106) (Ord. 421, passed 3-4-1976)
(A) The Mayor shall be elected as provided in the Election Act. The Mayor shall take office on the date of the first regular meeting of the City Council held in December following the statewide general election. The Mayor shall be a resident and registered voter of the city.
(Neb. RS 17-107)
(B) The Mayor shall serve for a term of four years or until his or her successor is elected and qualified.
(Neb. RS 32-533)
(Ord. 848, passed 4-5-2012)
APPOINTED OFFICIALS
(A) (1) The Mayor, with the consent of the City Council, may appoint such officers as shall be required by ordinance or otherwise required by law. Such officers may be removed from office by the Mayor.
(2) The terms of office for all officers, except regular police officers, appointed by the Mayor and confirmed by the Council shall be established by the City Council by ordinance. The ordinance shall provide that either:
(a) The officers hold the office to which they have been appointed until the end of the Mayor's term of office and until their successors are appointed and qualified unless sooner removed; or
(b) The officers hold office for one year unless sooner removed.
(Neb. RS 17-107)
(B) (1) The city may enact ordinances or bylaws to regulate and prescribe the powers and duties of officers not provided for in state law.
(Neb. RS 17-604)
(2) If the Mayor and City Council appoint any of the officials specified in this chapter or any other officials, the officials shall have the powers and duties, if any, provided in this chapter or as otherwise provided by city ordinances and state law.
(Ord. 839, passed 2-9-2012)
The City Council of the city may, in its discretion, by ordinance combine, and merge any elective, or appointive office, or employment, except the Mayor or a City Council Member with any other elective or appointive office so that one or more of the offices may be held by the officer or employee at the same time; provided, the offices so merged, and combined shall always be construed to be separate, and the effect of the combination or merger shall be limited to a consolidation of official duties only; and provided further, the salary of the officer holding the merged offices shall not be in excess of the maximum amount provided by law for the salary of the offices so combined.
(Neb. RS 17-108.02) (1973 Code, § 1-201)
(A) The City Clerk/Treasurer shall attend the meetings of the City Council, and keep a correct journal of the proceedings of that body. He or she shall keep a record of all outstanding bonds against the city and when any bonds are sold, purchased, paid, or canceled, the record shall show the fact. He or she shall make, at the end of the fiscal year, a report of the business of the city transacted through his or her office for the year. That record shall describe particularly the bonds issued, and sold during the year, and the terms of the sale with each, and every item, and expense thereof. He or she shall file all official bonds after the same shall have been properly executed, and approved. He or she shall make the proper certificate of passage which shall be attached to original copies of all bond ordinances hereafter enacted by the City Council.
(B) The City Clerk/Treasurer shall issue and sign all licenses, permits, and occupation tax receipts authorized by law, and required by the city ordinances. He or she shall collect all occupation taxes, and license money except where some other city officer is specifically charged with that duty. He or she shall keep a register of all licenses granted in the city, and the purpose for which they have been issued.
(C) The City Clerk/Treasurer shall permit no records, public papers, or other documents of the city kept, and preserved in his or her office to be taken therefrom, except by the officers of the city as may be entitled to the use of the same, but only upon their leaving a receipt therefor. He or she shall keep all the records of his or her office, including a record of all licenses issued by him or her in a blank book with a proper index. He or she shall include as part of his or her records all petitions under which the City Council shall order public work to be done at the expense of the property fronting thereon, together with references to all resolutions and ordinances relating to the same. He or she shall endorse the date and hour of filing upon every paper, or document so filed in his or her office. All the filings made by him or her shall be properly docketed. Included in his or her records shall be all standard codes, amendments thereto, and other documents incorporated by reference, and arranged in triplicate in a manner convenient for reference. He or she shall keep an accurate, and complete account of the appropriation of the several funds, draw, sign, and attest all warrants ordered for the payment of money on the particular fund from which the same is payable. At the end of each month, he or she shall then make a report of the amounts appropriated to the various funds, and the amount of the warrants drawn thereon. Nothing herein shall be construed to prevent any citizen, official, or other person from examining any public records at all reasonable times.
(D) The City Clerk/Treasurer shall deliver all warrants, ordinances, and resolutions under his or her charge to the Mayor for his or her signature. He or she shall also deliver to officers, employees, and committees all resolutions, and communications which are directed at the officers, employees, or committees. With the Seal of the city, he or she shall duly attest the Mayor's signature to all ordinances, deeds, and papers required to be attested to when ordered to do so by the City Council. Within 30 days after any meeting of the City Council, the City Clerk/Treasurer shall prepare, and publish the official proceedings of the City Council in a legal newspaper of general circulation in the city, and which was duly designated as such by the City Council. The publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and August 15 of each year, the employee job titles and the current annual, monthly, or hourly salaries corresponding to the job titles shall be published. Each job title published shall be descriptive and indicative of the duties and functions of the position. The charge for the publication shall not exceed the rates provided by the statutes of the state. The publication shall be charged against the General Fund. He or she shall then keep in a book with a proper index, copies of all notices required to be published, or posted by the City Clerk/Treasurer by order of the City Council, or under the ordinances of the city. To each of the file copies of the notices shall be attached the printer's affidavit of publication, if the notices are required to be published, or the City Clerk/Treasurer's certificate under seal where the same are required to be posted only.
(E) The City Clerk/Treasurer shall receive all objections to creation of paving districts, and other street improvements. He or she shall receive the claims of any person against the city, and in the event that the claim is disallowed in part, or in whole, the City Clerk/Treasurer shall notify the claimant, his or her agent, or attorney by letter within five days after the disallowance, and the City Clerk/Treasurer shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.
(F) The City Clerk/Treasurer may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the City Council. He or she shall destroy city records under the direction of the State Records Board pursuant to Neb. RS 84-1,201 through 84-1,220; provided, the City Council shall not have the authority to destroy the minutes of the City Clerk/Treasurer, the permanent ordinances, and resolution books, or any other records classified as permanent by the State Records Board.
(Neb. RS 17-605, 19-1,102, 19-1,104, 84-712, and 84-1,201 through 84-1,220) (1973 Code, § 1-202) (Ord. 455, passed 12-1-1977; Ord. 630, passed 5-10-1993)
The City Clerk/Treasurer shall be the custodian of all moneys belonging to the city. He or she shall keep all money belonging to the city separate and distinct from his or her own money. He or she shall keep a separate account of each fund or appropriation, and the debits, and credits belonging thereto. He or she shall issue duplicate (two) receipts for all moneys received by him or her for the city. He or she shall give to every person paying money into the city treasury, a receipt therefor, specifying the date of payment, and the account paid. One of the receipts shall be filed with his or her monthly report, and the last copy of the receipt shall be kept on file in his or her office. His or her books and accounts shall always be open for inspection by any citizen of the city whenever any city fiscal record, audit, warrant, voucher, invoice, purchase order, requisition, payroll check, receipt or other record of receipt, cash, or expenditure involving public funds is involved. He or she shall cancel all bonds, coupons, warrants, and other evidences of debt against the city, whenever paid by him or her, by writing, or stamping on the face thereof, "Paid by the City Clerk/Treasurer," with the date of payment written or stamped thereon. He or she shall collect all special taxes, allocate special assessments to the several owners, and shall obtain from the County Clerk a monthly report as to the collection of delinquent taxes. The Clerk/Treasurer's daily cash book shall be footed and balanced daily, and he or she shall adopt the bookkeeping methods as the City Council shall prescribe. He or she shall invest and collect all money owned by, or owed to, the city as directed by the City Council.
(Neb. RS 17-606 through 17-609 and 84-712) (1973 Code, § 1-203)
The City Clerk/Treasurer shall at the end of each and every month, and any other times as the City Council may deem necessary, render an account to the City Council under oath showing the financial state of the city at that date, the amount of money remaining in each fund and the amount paid therefrom, and the balance of money remaining in the treasury. He or she shall accompany the account with a statement of all receipts and disbursements, together with all warrants redeemed, and paid by him or her. He or she shall also produce depository evidence that all city money is in a solvent and going bank in the name of the city. If the City Clerk/Treasurer shall neglect, or fail for the space of ten days from the end of each and every month to render his or her accounts as aforesaid, the City Council shall, by resolution, declare the office vacant, and appoint some person to fill the vacancy. The City Clerk/Treasurer shall be present at each regular meeting of the City Council at which time he or she shall read and file his or her monthly report.
(Neb. RS 17-606) (1973 Code, § 1-204)
It shall be the duty of the Clerk/Treasurer of the city having a population of not more than 100,000 to prepare and publish annually within 60 days following the close of its municipal fiscal year a statement of the receipts and expenditures by funds of the city for the preceding fiscal year. Not more than the legal rate provided for in Neb. RS 33-141 shall be charged and paid for the publication.
(Neb. RS 19-1,101) (1973 Code, § 1-205)
The City Attorney shall be the legal advisor of the Council. He or she shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the corporations, or that may be ordered by the Council. When requested, he or she shall attend meetings of the Council and give them his or her opinion upon any matters submitted to him or her, either orally or in writing, as may be required. He or she shall draft or review for legal correctness ordinances, contracts, franchises and other instruments as may be required, and he or she shall perform such other duties as may be imposed upon him or her by general law or ordinance. The City Council shall have the right to pay the City Attorney compensation for legal services performed by him or her for it on such terms as the City Council and attorney may agree, and to employ additional legal assistance and to pay for the legal assistance out of the funds of the city.
(Neb. RS 17-610) (1973 Code, § 1-206)
The City Physician shall be a member of the Board of Health of the city, and perform the duties devolving upon him or her as the medical advisor of the Board. In all injuries where a liability may be asserted against the city, the City Physician shall immediately investigate the injuries, the extent thereof, and the circumstances. He or she shall then report the results of his or her investigation with the name of the party injured, and all other persons who may have personal knowledge of the matter. He or she shall make all physical examinations, and necessary laboratory tests incident thereto, and issue the health certificates as are required by ordinance. For the purpose of making examinations of the sanitary conditions of the property, and the state of health of the inhabitants therein, he or she shall have the right at all reasonable hours to go upon, and enter all premises, buildings, or other structures in the city. He or she shall perform the other duties as may be required of him or her by the laws of the state, and the ordinances of the city. When ordered to do so by the City Council, he or she shall disinfect or fumigate the premises or persons in or about the premises, when the premises are quarantined, and to call upon indigent sick persons, and perform other professional services at the direction of the City Council. The City Physician shall receive as compensation for his or her services the sum as the City Council may from time to time set by resolution. He or she shall receive no compensation for his or her services as a member of the City Board of Health.
(Neb. RS 17-121) (1973 Code, § 1-207)
The City Police Chief shall direct the police work of the city and shall be responsible for the maintenance of law and order. He or she shall act as Health Inspector and Building Inspector, except in the event the city appoints another person. He or she shall file the necessary complaints in cases arising out of violations of city ordinances, and shall make all necessary reports required by the city ordinances, or the laws of the state.
(Neb. RS 17-107 and 17-121) (1973 Code, § 1-208)
The city police, whether regular or special, shall have the power to arrest all offenders against the laws of the state or the city, by day or by night, and keep the offenders in the city jail, or some other place to prevent their escape until trial can be held before the proper official of the state or the city. They shall have full power and authority to call on any person whenever necessary to assist them in performing public duties, and failure, neglect, or refusal to render the assistance shall be deemed a misdemeanor punishable upon conviction by a fine. Every city police officer shall be expected to be conversant and knowledgeable with the city and state laws. City police officers shall have the duty to file the complaints and reports as may be required by the city ordinances, and the laws of the state. Any city police officer who shall willfully fail, neglect, or refuse to make an arrest, or who purposely, and willfully fails to make a complaint after an arrest is made shall be deemed guilty of a misdemeanor, and upon conviction shall be fined. It shall be unlawful for the City Council to retain any city police officer in that position after he or she shall have been duly convicted of the willful violation of any law of the United States of America, the state, or any ordinance of the city, except minor traffic violations. It shall be the duty of every city police officer making a lawful arrest to search all persons in the presence of some other person, whenever possible, and shall carefully keep and produce to the proper judicial official upon the trial everything found upon the person of the prisoners. All personal effects so taken from prisoners aforesaid shall be restored to them upon their release. Suitable uniforms and badges shall be furnished to the city police by the city. Any member who shall lose or destroy the same shall be required to pay the replacement costs, and in the event that any member shall leave the force, he or she shall immediately deliver his or her badge to the Police Chief. The City Council may from time to time provide the city police with the uniforms, equipment, and transportation as may be essential in the performance of their official duties.
(Neb. RS 17-118 and 17-124) (1973 Code, § 1-209) Penalty, see § 10.99
(A) The members of the city Fire Department shall, at the time of their annual meeting, or at any other meeting as necessary and practicable, recommend some persons for the offices of City Fire Chief and Assistant City Fire Chief. The Mayor shall appoint such persons as recommended by the city Fire Department, who shall be confirmed by a majority vote of the City Council. The City Fire Chief and Assistant City Fire Chief shall hold such office until his or her successor is appointed and qualified. The Fire Chief shall enforce all laws and ordinances covering the prevention of fires; the storage and use of explosives and flammable substances; the installation of fire alarm systems; the maintenance of fire extinguishing equipment; the regulation of fire escapes; and the inspection of all premises requiring adequate fire escapes. He or she shall within two days investigate the cause, origin, and circumstances of fires arising within his or her jurisdiction. He or she shall, on or before April 1 and October 1 of each year, cause the Secretary to file with the City Clerk/Treasurer, and the Clerk of the District Court, a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law. He or she shall have the power during the time of a fire, and for a period of 36 hours thereafter to arrest any suspected arsonist, or any person for hindering the Department’s efforts, conducting himself or herself in a noisy and disorderly manner, or who shall refuse to obey any lawful order by the Fire Chief or Assistant Fire Chief. The Fire Chief shall appoint one captain for every eight members on the Fire Department. The Fire Chief, or his or her assistant in charge of operations at a fire may command the services of any person present at any fire in extinguishing the same or in the removal, and protection of property.
(B) Failure to obey such an order shall be a misdemeanor punishable by a fine.
(C) The Fire Chief shall have the right to enter at all reasonable hours into buildings, and upon all premises within his or her jurisdiction for the purpose of examining the same for fire hazards, and related dangers. The City Fire Chief shall be compensated at a rate of $500 per month, and the Assistant City Fire Chief shall be compensated at a rate of $250 per month.
(Neb. RS 17-147, 17-505, 35-102, 35-108, 81-506, and 81-512) (1973 Code, § 1-210) (Ord. 423, passed 4-5-1976; Ord. 800, passed 9-10-2009; Ord. 885, passed 9-18-2014; Ord. 977, passed 7-29-2021)
The City Engineer shall make all surveys, estimates, and calculations necessary to be made for the establishment of any public utilities, and the costs of labor and materials therefor. He or she shall accurately make all plats, sections, and maps as may be necessary under the direction of the City Council. Upon request, he or she shall make estimates of the cost of labor and material and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts and for the building, constructing, or repairing of any public improvement of the city. Upon the request of the City Council, he or she shall inspect all works of public improvement, and if found to be properly done, shall accept the same, and report his or her acceptance to the City Council. He or she shall estimate the cost of all proposed city utilities and public improvements, together with any extensions thereof, which the City Council may propose to construct or improve. He or she shall also perform any other duties in the line of his or her work as may be requested by the City Council.
(Neb. RS 17-150, 17-405, 17-568.01, 17-919, and 81-839) (1973 Code, § 1-211)
(A) Creation of office. There is hereby established the position of the position of Public Works Director. Except as otherwise provided herein, the Public Works Director shall have administrative supervision and direction over all city utility departments, including, but not limited to, the Electric, Water, Wastewater, Solid Waste, Street, and Park Departments, with additional oversite responsibilities for other departments as determined by the Mayor with advice and consent from the City Council.
(B) Powers and duties. In the performance of his or her role as Public Works Director, the Public Works Director shall have the following duties and powers.
(1) He or she shall have the power, subject to provisions of applicable law, and with guidance and direction of the Mayor, to employ, discipline, and remove all non-elected employees of the city departments over which this position has oversite responsibilities.
(2) He or she shall insure the enforcement of all state, federal, and local laws and ordinances within the city and within its extraterritorial jurisdiction insofar as is necessary to perform duties related to the Electric, Water, Wastewater, Solid Waste, Street, and Park Departments, and any other departments set forth by the Mayor with advice and consent of the City Council.
(3) He or she shall be required to possess all required licenses and/or certificates necessary to carry out the requirements of each department for which he or she is responsible, and/or hire, engage, or otherwise procure the necessary employee(s) with said licenses and/or certificates.
(4) He or she shall be responsible for preparation and management of the budget for each of the departments for which he or she is responsible, and shall be expected to manage the departments adequately within the bounds of said budgets.
(5) He or she shall be responsible for assuring that the day-to-day operations of each of the departments for which the Public Works Director has responsibility are performing adequately and in such a manner as is deemed by the Mayor and Council to be in the best interests of the city.
(6) He or she shall be responsible for attending the scheduled meetings of the City Council and presenting reports as to the activities of each department for which the Public Works Director has supervisory responsibility when requested by the Mayor and/or City Council.
(7) He or she shall perform any other duties and exercise such other powers as the Mayor and Council may from time to time assign.
(C) Appointment and removal.
(1) The position of Public Works Director shall be filled by appointment of the Mayor with consent of the majority of the City Council.
(2) He or she shall serve for periods of one year for a term corresponding wit the terms of the other appointed officials of the city.
(3) He or she may be removed at any time upon notice given by the Mayor and with approval of a majority of the City Council.
(D) Qualifications.
(1) The Public Works Director need not be a resident of the city at the time of his or her appointment, but shall become a resident of the city within such reasonable time as the Council and Mayor may allow.
(2) The Public Works Director shall possess all necessary licenses and/or certifications required by law in order to manage the Electric, Water, Wastewater, Solid Waste, Street, and Park Departments, and for any other departments designated by the Mayor and Council. In the event that the Public Works Director lacks any necessary licenses, certifications, and/or credentialing, he or she shall obtain said certifications in a timely manner after hire as allowable by law, but under no circumstances more than one year after hire, or be able to employ the properly licensed, certified, and/or credentialed personnel within the parameters of the department budget(s).
(3) The Public Works Director shall be bondable as with any other elected or appointed official.
(E) Compensation. The Public Works Director shall receive compensation and allowances as the Mayor and Council may prescribe.
(Ord. 968, passed 8-27-2020)
The City Building Inspector shall conduct surveys and make inspections in any area of the city to determine whether all buildings and structures are in compliance with the city ordinances. He or she shall investigate all complaints whether they are verbal, written, or in the form of a petition alleging, and charging that a violation of the city ordinances exists, and that a building, or structure is unfit, or unsafe for human habitation. The Building Inspector is authorized upon properly identifying himself or herself to enter, inspect, survey, and investigate between the hours of 8:00 a.m., and 5:00 p.m., or at any time if an emergency exists, or if requested by the owner, or occupant thereof. He or she shall keep records of all complaints received, inspection reports, orders, and complaints issued. The records shall be available for public inspection, and he or she shall prepare an annual report including statistics based on the records kept. The Building Inspector shall have no financial interest in the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, except where he or she is the owner of a building, and he or she shall not act as an agent for any dealer, or as an agent for the sale, lease, or rental of any real estate. The Building Inspector shall report to the City Council as often as it may deem necessary, and shall have any other duties and issue the permits as it may direct. The Building Inspector may be removed at any time for good and sufficient cause by the City Council. In the event no individual is specifically appointed to be Building Inspector, the City Administrator shall be the ex officio Building Inspector.
(1973 Code, § 1-214) (Ord. 801, passed 9-10-2009)
(A) Creation of office. There is hereby established in the city the Office of City Administrator. The City Administrator shall be the Chief Administrative Officer of the city and shall serve as an administrative agent for the Mayor and City Council in the supervision of the offices and good government of the city. Except as otherwise provided herein, all the departments of the city shall be under the administrative supervision and direction of the City Administrator, and the Mayor and Council shall deal with all departments of the city and employees through the City Administrator.
(B) Powers and duties. In the performance of his or her role as Chief Administrative Officer of the city, the City Administrator shall have the following duties and powers:
(1) Except as otherwise provided herein, he or she shall take charge of and direct the operation of all city departments with the guidance and direction of the Mayor.
(2) He or she shall have the power, subject to the provisions of applicable law, and with the guidance and direction of the Mayor, to employ, discipline, and remove all nonelected employees of the city and members of the Volunteer Fire Department and EMS Department; provided, however, that with respect to the offices of City Clerk/Treasurer, City Engineer, City Attorney, Public Works Director, City Physician, Fire Chief, EMS Administrator, and Chief of Police and police officers, employment, discipline, and removal decisions shall be made by the Mayor and Council in the manner provided in this code book, with or without the advice of the City Administrator.
(3) He or she shall insure the enforcement of all laws and ordinances within the city and within its extraterritorial jurisdiction insofar as their enforcement is within the power of the city and consistent with the policy of the Mayor and City Council. Except for purposes of inquiry, the City Administrator shall deal with the members of the Police Department through the Chief of Police, except at such times the Chief is unavailable.
(4) He or she shall serve as the City Planning Director and shall advise both the City Planning Commission and the City Council in matters pertaining to the planning of the city.
(5) He or she shall attend all meetings of the Mayor and City Council and advise the Council in all matters pertaining to the city and its affairs.
(6) He or she shall recommend to the Mayor and Council such measures as he or she may deem necessary or expedient for the good government and welfare of the city.
(7) He or she shall be responsible for the care and maintenance of all city property.
(8) He or she shall prepare and submit to the Mayor and Council a proposed annual budget, together with his or her recommendations and comments. He or she shall be responsible for the execution and administration of the adopted budget. He or she shall supervise the maintenance and custody of all accounts and records of the city and shall provide the Mayor and Council with a report of the financial condition of the city at such times as the Mayor and City Council may require.
(9) He or she shall supervise the performance of all contracts and agreements to which the city is a part.
(10) He or she shall serve as purchasing agent of the city, and no purchase will be made without his or her approval. In no case will he or she make or approve any such purchase unless the funds for the same have been duly appropriated by the Mayor and Council, and as to those purchases where the amount involved exceeds $5,000, he or she shall first obtain the approval of the Mayor and Council.
(11) With the guidance and direction of the Mayor, he or she shall serve as a public relations officer of the city government.
(12) He or she shall perform any other duties and exercise such other powers as the Mayor and Council may from time to time assign.
(C) Additional powers. With the guidance and direction of the Mayor, the City Administrator may designate such city employees from time to time as necessary or appropriate to assist in carrying out the duties set forth in division (B) above, subject to his or her supervision and direction.
(D) Appointment and removal.
(1) The office of City Administrator shall be filled by appointment of the Mayor with consent of the majority of the City Council.
(2) He or she shall serve for periods of one year for a term corresponding to the terms of the other appointed officials of the city.
(3) He or she may be removed at anytime upon notice given by the Mayor and with the approval of a majority of the City Council.
(E) Qualifications. The City Administrator need not be a resident at the time of his or her appointment, but shall become a resident within such reasonable time as the Council and Mayor may allow.
(F) Compensation. The City Administrator shall receive such compensation and allowances as the Mayor and Council may prescribe.
(G) Requirements. The City Administrator shall take no part in any election held for the purpose of electing the Mayor, members of the City Council, or other elective city office of the city, except for the casting of his or her individual ballot. The City Administrator shall be an officer of the city within the meaning of Neb. RS 17-611 and shall be subject to and bound by the prohibitions therein contained. Before taking office, the City Administrator shall file with the City Clerk/Treasurer a bond in favor of the city for the faithful performance of his or her duties in the amount of $5,000. The premium of the bond shall be paid by the city.
(H) Vacancy of the City Administrator. During any temporary or extended period of absence of the City Administrator, or if a vacancy exists or is created in the office by the removal, resignation, disability, or death of the current or prior City Administrator, the Mayor and City Council may:
(1) Appoint an Interim City Administrator to fulfil the duties of the position until a permanent replacement is secured, or the position is eliminated. Said appointment shall be made at the next regular or special meeting of the Mayor and City Council following the vacancy, or as soon thereafter as may be possible.
(2) The Interim City Administrator shall be appointed by the Mayor and approved by a majority of the City Council. The Interim City Administrator shall serve until the appointment of a (permanent) City Administrator.
(3) The Interim City Administrator with regard to the administration of the office, shall be bound by the same terms as set forth herein for the City Administrator. The Interim City Administrator shall be tasked with all duties, obligations, and responsibilities of the City Administrator as prescribed by the Bridgeport City Code.
(4) In the event that no City Administrator or Interim City Administrator is appointed, or the office is vacant for any other reason, the Mayor shall assume all duties of the City Administrator until the appointment of a (permanent) City Administrator or Interim City Administrator. The Mayor, as he or she deems necessary, may designate one or more persons to assist in the administration of said duties.
(1973 Code, § 1-216) (Ord. 685, passed 9-10-1998; Ord. 801, passed 9-10-2009; Ord. 821, passed 5-5-2011; Ord. 949, passed 1-10-2019)
BONDS AND OATH
Official bonds of the city shall be in form, joint and several, and shall be made payable to the city in the penalty as the City Council may set by resolution; provided, the penalty amount on any bond shall not fall below the legal minimum, when one has been set by the state, for each particular official. All official bonds of the city officials shall be executed by the principal named in the bonds and by at least two sufficient sureties who shall be freeholders of the county, or by the official as principal and by a guaranty, surety, fidelity, or bonding company; provided no city official, while still in his or her official term of office, shall be accepted as surety on any other official's bond, contractor's bond, license bond, or appeal bond under any circumstances. Only companies that are legally authorized to transact business in the state shall be eligible for suretyship on the bond of an official of the city. All the bonds shall obligate the principal, and sureties for the faithful discharge of all duties required by law of the principal, and shall inure to the benefit of the city and any persons who may be injured by a breach of the conditions of the bonds. No bond shall be deemed to be given or complete until the approval of the City Council, and all sureties are endorsed in writing on the instrument by the Mayor and City Clerk/Treasurer pursuant to the approval of the City Council. The premium on any official bond required to be given may be paid out of the General Fund, or other proper city fund, upon a resolution to that effect by the City Council at the beginning of any city year. All official bonds, meeting the conditions herein, shall be filed with the City Clerk/Treasurer for his or her official records, and it shall be the duty of the City Clerk/Treasurer to furnish a certified copy of any bond so filed upon the payment of a fee which shall be set by resolution of the City Council. In the event that the sureties on the official bond of any officer of the city, in the opinion of the City Council, become insufficient, the City Council may, by resolution, fix a reasonable time within which the officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse, or neglect to give a new bond, or additional sureties to the satisfaction, and approval of the City Council then the office shall, by the failure, refusal, or neglect, become vacant, and it shall be the duty of the City Council to appoint a competent, and qualified person to fill the office. Any official who is reelected to office shall be required to file a new bond after each election.
(Neb. RS 11-103 through 11-118 and 17-604) (1973 Code, § 1-301)
All officials of the city, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds: "I __________________________ do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ___________________________, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force, or violence; and that during such time as I am in this position I will not advocate, nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. So help me God."
(Neb. RS 11-101) (1973 Code, § 1-302)
COMPENSATION
The compensation of any elective official of the city shall not be increased or diminished during the term for which he or she shall have been elected except when there has been a merger of offices; provided, the compensation of the members of the City Council, a board, or commission may be increased or diminished at the beginning of the full term of any member whether or not the terms of one or more members commence and end at different times. No elected official may be rehired at a greater salary if he or she resigns and desires to be rehired during the unexpired term of office. He or she may be rehired after the term of office during which he or she resigned at a greater salary. All salaries shall be set by ordinance of the City Council and will be available for public inspection at the office of the City Clerk/Treasurer.
(Neb. RS 17-108.02, 17-209.02, and 17-612) (1973 Code, § 1-902)
No officer of the city shall be permitted to benefit from any contract to which the city is a party when the consideration of the contract is in an amount in excess of $10,000 in any one year, and no contract may be divided for the purpose of evading the requirements of this section. Any such interest in a contract shall void any obligation on the part of the city; provided, the receiving of deposits, cashing of checks, and buying and selling of the warrants and bonds of the city shall not be considered a contract under the provisions of this section. No official shall receive any pay or compensation from the city other than his or her salary. The City Council shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service, or duty which shall come within the proper scope of the duties of any officer of the city; provided, that ownership of less than 1% of the outstanding stock of any class in a corporation shall not constitute an interest within the meaning of this section.
(1973 Code, § 1-902)
Cross-reference:
Conflict of interest; free or underpriced services prohibited, see Neb. RS 17-611 and Neb. RS 18-305 through 18-312