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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)
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