§ 31.002 SURRENDER AND ASSUMPTION OF OFFICE.

   Each appointive officer shall immediately upon the appointment and qualification of the officer’s successor surrender the office on demand to that successor, and it is hereby made the duty of each incoming appointive officer immediately upon appointment to qualify and assume the office and make a demand therefor. In no case shall an appointive officer be considered as holding over the entire term, but the officer shall hold over until the officer’s successor is appointed and qualifies.

(Prior Code, § 31.002)

§ 31.003 BONDS; OATHS; APPROVAL OF BONDS.

   (A)   Each of the following officers shall give bond in proper form and to be approved, provided the bonds for the several officers shall be in the penal sum as follows: City Council member, $1,000; Finance Director, $25,000; City Clerk, $25,000; or in such amounts as may be amended from time to time by the City Council.

   (B)   The bonds and oaths of appointive officers shall be filed with the Clerk immediately upon their appointment and before entering by them upon the duties of their offices, and the bonds and oaths of elective officers shall be filed with the Clerk within the time prescribed by statute for their qualifications. Officers, elective or appointive, who are required to give bonds shall file their official oath in writing therewith. All such officers as are not required to give bond shall file their official oath in writing in the office of the Clerk. No officer shall be deemed to have qualified until the officer has complied with the terms of this chapter as to bonds and oaths.

(Prior Code, § 31.003) (Ord. 05-54, passed 11-7-2005)

Statutory reference:

   Appointed officers, see Neb. Rev. Stat. §§ 16-308, 16-309 and 16-310

§ 31.004 INDEMNIFICATION OF ALL OFFICERS, CITY EMPLOYEES AND MEMBERS OF THE VOLUNTEER FIRE DEPARTMENT.

   The city shall indemnify all elected and appointed officers, all city employees and members of the Volunteer Fire Department of the city with respect to threatened, pending or completed civil or criminal proceedings to the fullest extent as permitted by law. The city’s responsibility to indemnify the elected and appointed officers, city employees and members of the Volunteer Fire Department shall be subject to the following terms and conditions.

   (A)   (1)   The city shall indemnify any person who was or is a party to threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that the person is or was the Mayor, a member of the City Council or an elected or appointed officer, city employee or member of the Volunteer Fire Department, other than an action instituted by the city against the person.

      (2)   The city shall indemnify the person against expenses, including attorney fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by the person in connection with the action, suit or proceeding if the person acted in good faith and in a manner not opposed to the best interest of the city, except that no indemnification shall be made or required in respect by a court of law to be liable for negligence or misconduct in the performance of the person’s duty to the city. Provided, however, with respect to any criminal action or proceeding, the person shall be indemnified provided that the person had no reasonable cause to believe that such conduct was unlawful.

      (3)   The termination of any action, suit or proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the person did not act in good faith and in a manner serving the best interest of the city, and with respect to any criminal action or proceeding, had reasonable cause to believe that the person’s conduct was unlawful.

   (B)   Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the city in advance of the final disposition of the action, suit or proceeding as authorized above, upon receipt of a statement of expenses incurred by or on behalf of the person who is or was the Mayor, a member of the City Council, an elected or appointed officer, city employee or member of the Volunteer Fire Department of the city to repay the amount unless it is ultimately determined that the person is not entitled to be indemnified by the city as authorized in this chapter.

   (C)   The indemnification provided by this chapter shall not be deemed exclusive of any other rights to which the person indemnified may be entitled under any agreement as to action in the person’s official capacity and shall continue as to a person who has ceased to be the Mayor, a member of the City Council, an elected or appointed officer, city employee or a member of the Volunteer Fire Department of the city and shall inure to the benefit of the heirs, executors and administrators of the person.

(Prior Code, § 31.004) (Ord. 96-37, passed 12-16-1996)

§ 31.005 REPORTS TO CITY COUNCIL.

   It shall be the duty of the Finance Director and City Clerk, to make reports in writing monthly of all matters connected with their respective duties. The City Council may direct other officers and/or other employees to report as deemed necessary by the City Council.

(Prior Code, § 31.005)

ATTORNEY

§ 31.020 DUTIES AND POWERS.

   (A)   (1)   The City Attorney shall be the legal advisor of the City Council. He or she shall commence, prosecute and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the city, 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.

      (2)   The 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 Council and Attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the city.

(Neb. Rev. Stat. § 17-610)

   (B)   The City Attorney shall also examine, when requested to do so by the City Council, the ordinance records and advise and assist the City Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to ensure that it will be a valid and subsisting local law in so far as its passage and approval are concerned.

FINANCE DIRECTOR; CITY CLERK