Loading...
(A) The village may enact ordinances or bylaws to require from all officers and servants, elected or appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their duties. The village may pay the premium for such bonds or insurance coverage.
(Neb. RS 17-604)
(B) (1) All official bonds of officers of the village shall be in form joint and several and made payable to the village in such penalty as the Board of Trustees may fix.
(2) In place of the individual bonds required to be furnished by municipal officers, a schedule, position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal officers, or a single corporate surety fidelity, schedule, position or blanket bond or undertaking, or evidence of insurance coverage covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The municipality may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the amounts fixed by law or by the Board of Trustees, and with such terms and conditions as may be required.
(Neb. RS 11-104)
(3) 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.
(C) (1) Official bonds, with the oath endorsed thereon, shall be filed in the Village Clerk’s office within the following time:
(a) Of all officers elected at any general election, following receipt of their election certificate and not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election;
(b) Of all appointed officers, within 30 days after their appointment; and
(c) Of officers elected at any special election and village officers, within 30 days after the canvass of the votes of the election at which they were chosen.
(2) The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Art. XVII, § 5, of the Constitution of the state.
(Neb. RS 11-105)
(D) All official bonds of village officers shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county in which such bonds are given, or any official bond of a village officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety, or by two or more such companies. Only such companies as are legally authorized to transact business in the state shall be eligible to suretyship on the bond of a village officer.
(Neb. RS 11-109)
(E) The Village Clerk shall carefully record and preserve the bonds in his or her office and shall give certified copies thereof, when required, under the seal of his or her office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases.
(Neb. RS 11-110)
(F) (1) The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved.
(Neb. RS 11-111)
(2) No bond shall be deemed to be given or complete until the approval of the Board of Trustees and all sureties are endorsed in writing on the instrument by the Chairperson and Village Clerk pursuant to the approval of the Board of Trustees.
(G) All official bonds shall obligate the principal and sureties for the faithful discharge of all duties required by law of such principal and shall inure to the benefit of any persons injured by a breach of the conditions of such bonds.
(Neb. RS 11-112)
(H) No official bond shall be rendered void by reason of any informality of irregularity in its execution or approval.
(Neb. RS 11-113)
(I) No village official shall be taken as security on the bond of any administrator, executor or other officer from whom by law bond is or may be required.
(Neb. RS 11-114)
(J) (1) If any person elected or appointed to any office neglects to have his or her official bond executed and approved as provided by law and filed for record within the time limited by this section, the Village Clerk shall immediately issue an order to such person to show cause why he or she has failed to properly file such bond and why his or her office should not be declared vacant.
(2) If such person properly files the official bond within ten days of the issuance of the show cause order for appointed officials or before the date for taking office for elected officials, such filing shall be deemed to be in compliance with this section.
(3) If such person does not file the bond within ten days of the issuance of such order for appointed officials or before the date for taking office for elected officials and sufficient cause is not shown within that time, his or her office shall thereupon ipso facto become vacant and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office.
(Neb. RS 11-115)
(K) Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided.
(Neb. RS 11-116)
(L) (1) When the incumbent of an office is reelected or reappointed, he or she shall qualify by taking the oath and giving the bond as above directed, but when such officer has had public funds or property in his or her control, his or her bond shall not be approved until he or she has produced and fully accounted for such funds and property.
(2) When it is ascertained that the incumbent of an office holds over by reason of the non- election or non-appointment of a successor or of the neglect or refusal of the successor to qualify, he or she shall qualify anew within ten days from the time at which his or her successor, if elected, should have qualified.
(Neb. RS 11-117)
(M) No person shall be surety for the same officer for more than two successive terms of the same office, but this provision shall not apply to incorporated surety companies.
(Neb. RS 11-118)
(N) (1) If the sureties on the official bond of any appointed officer of the village, in the opinion of the Board of Trustees, become insufficient, the Board may, by resolution, fix a reasonable time within which the officer may give a new bond or additional sureties as directed.
(2) If the officer fails, refuses or neglects to give a new bond or additional sureties to the satisfaction and approval of the Board, the office shall, by such failure, refusal or neglect, become vacant and it shall be the duty of the Board to appoint a competent and qualified person to fill the office.
(1995 Code, § 1-301)
(A) All officials of the village, 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.”
(B) If any such officer is not required to give bond, the oath shall be filed with the Village Clerk.
(Neb. RS 11-101) (1995 Code, § 1-302)
(A) The appointive officials and other employees of the village shall receive such compensation as the Board of Trustees shall designate by ordinance; and the annual salary of the Chairperson and other members of the Board of Trustees shall be fixed by ordinance.
(Neb. RS 17-209)
(B) Trustees may perform and upon Board approval receive compensation for seasonal or emergency work subject hereto.
(Neb. RS 17-209.02)
(C) The village may enact ordinances or bylaws to regulate and prescribe the compensation of officers not provided for in state law.
(Neb. RS 17-604)
(D) No officer shall receive any pay or perquisites from the village other than his or her salary. The Board of Trustees shall not pay or appropriate any money or other valuable thing to any person not an officer for the performance of any act, service or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of the village.
(Neb. RS 17-611)
(E) The emoluments of any elective officer shall not be increased or diminished during the term for which he or she shall have been elected, except when there has been a combination and merger of offices as provided herein; except that, when there are officers elected to the Board of Trustees, or any other board or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such board or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he or she was elected if during the same time the emoluments thereof were increased.
(Neb. RS 17-612)
(1995 Code, § 1-901)
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ASSOCIATION.
(a) A business:
1. In which the individual is a partner, limited liability company member, director or officer; or
2. In which the individual or a member of the individual’s immediate family is a stockholder of closed corporation stock worth $1,000 or more at fair market value or which represents more than a 5% equity interest or is a stockholder of publicly traded stock worth $10,000 or more at fair market value or which represents more than 10% equity interest.
(b) An individual who occupies a confidential professional relationship protected by law shall be exempt from this definition. This definition shall not apply to publicly traded stock under a trading account if the filer reports the name and address of the stockbroker.
(Neb. RS 49-1408)
IMMEDIATE FAMILY. A child residing in an individual’s household, a spouse of an individual or an individual claimed by that individual or that individual’s spouse as a dependent for federal income tax purposes.
(Neb. RS 49-1425)
OFFICER.
(a) Includes:
1. A member of any board or commission of the village which spends and administers its own funds, who is dealing with a contract made by that board or commission; or
2. Any elected village official.
(b) OFFICER does not mean volunteer firefighters or ambulance drivers with respect to their duties as firefighters or ambulance drivers.
(B) (1) Except as provided in Neb. RS 49-1499.04 or 70-624.04, no officer may have an interest in any contract to which his or her governing body, or anyone for its benefit, is a party. The existence of such an interest in any contract shall render the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment of the contract with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the county’s Attorney, the governing body or any resident within the jurisdiction of the governing body, and shall be brought within one year after the contract is signed or assigned. The decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor or services furnished under the contract, to the extent that the governing body has benefitted thereby.
(2) The prohibition in this division (B) shall apply only when the officer or his or her parent, spouse or child:
(a) Has a business association with the business involved in the contract; or
(b) Will receive a direct pecuniary fee or commission as a result of the contract.
(C) Division (B) above does not apply if the contract is an agenda item approved at a meeting of the governing body and the interested officer:
(1) Makes a declaration on the record to the governing body responsible for approving the contract regarding the nature and extent of his or her interest prior to official consideration of the contract;
(2) Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the governing body declaring an interest in the contract would prevent the body with all members present from securing a quorum on the issue, then all members may vote on the matters; and
(3) Does not act for the governing body which is a party to the contract as to inspection or performance under the contract in which he or she has an interest.
(D) An officer who has no business association with the business involved in the contract, or will not receive a direct pecuniary fee or commission as a result of the contract, shall not be deemed to have an interest within the meaning of this section.
(E) The receiving of deposits, cashing of checks and buying and selling of warrants and bonds of indebtedness of any such governing body by a financial institution shall not be considered a contract for purposes of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section.
(F) If an officer’s parent, spouse or child is an employee of the officer’s governing body, the officer may vote on all issues of the contract which are generally applicable to all employees, or all employees within a classification, and do not single out his or her parent, spouse or child for special action.
(G) Neb. RS 49-14,102 does not apply to contracts covered by this section.
(Neb. RS 49-14,103.01)
(H) (1) The person charged with keeping records for the governing body shall maintain separately from other records a ledger containing the information listed in divisions (H)(1)(a) through (H)(1)(e) below about every contract entered into by the governing body in which an officer of the body has an interest and for which disclosure is made pursuant to division (C) above. This information shall be kept in the ledger for five years from the date of the officer’s last day in office and shall include:
(a) The names of the contracting parties;
(b) The nature of the interest of the officer in question;
(c) The date that the contract was approved by the governing body;
(d) The amount of the contract; and
(e) The basic terms of the contract.
(2) The information supplied relative to the contract shall be provided no later than ten days after the contract has been signed by both parties. The ledger kept pursuant to this division (H) shall be available for public inspection during the normal working hours of the office in which it is kept.
(Neb. RS 49-14,103.02)
(I) An open account established for the benefit of any governing body with a business in which an officer has an interest shall be deemed a contract subject to this section. The statement required to be filed by division (H) above shall be filed within ten days after the account is opened. Thereafter, the person charged with keeping records for the governing body shall maintain a running account of amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to this section.
(Neb. RS 49-14,103.03)
(J) Notwithstanding divisions (A) through (I) above, the governing body may prohibit contracts over a specific dollar amount in which an officer of the governing body may have an interest.
(Neb. RS 49-14,103.05)
(K) The governing body may exempt from divisions (A) through (I) above, contracts involving $100 or less in which an officer of that body may have an interest.
(Neb. RS 49-14,103.06)
(1995 Code, § 1-902)
Statutory reference:
Other provisions on conflicts of interest, see Neb. RS 18-305 through 18-312 and 49-1499.03 through 49-14,103
Penalty for violation of restrictions on contracts, see Neb. RS 49-14,103.04
(A) The compensation for the Chairperson of the village shall be $1,800 annually. Said compensation shall be paid monthly at each regular board meeting.
(B) The compensation for the Trustees of the Board of Trustees of the village shall be $900 annually. Said compensation shall be paid monthly at each regular board meeting.
(C) The compensation for any Trustee of the Board of Trustees of the village, including the chairperson, who attends an out of town meeting, shall be $50 per day.
(D) This section shall take effect for the Chairperson and Trustees at the beginning of the full term of the new members in December 2020.
(Ord. 2020-06, passed 12-9-2020)
Loading...