(A) (1) The Board of Trustees may appoint a Village Clerk, Treasurer, Attorney, Overseer of Streets and Police Chief, and such other officials as shall be required by ordinance or otherwise required by law. Pursuant to division (A)(2) of this section, the Police Chief or any other Police Officer, may appeal to the Village Board his or her removal, demotion or suspension with or without pay. After a hearing, the Village Board may uphold, reverse or modify the action.
(2) The following rules and regulations are adopted by the Village Board dealing with the removal, demotion or suspension with or without pay of any police officer, including the Police Chief. Upon written accusation received by the Chairperson, any citizen or taxpayer, the Chairperson shall take action against the Police Chief or police officer accordingly. This action includes any of the actions mentioned in division (A)(1) above. Upon receipt of such accusation, the village shall give notice and a copy of the written accusation to the police officer or Police Chief within three days of its receipt. The Police Chief or police officer shall have the right to have an attorney or representative retained by the police officer or Police Chief present with him or her at all hearings or proceedings regarding the written accusation. The Police Chief, police officer, and/or his or her attorney or representative, shall have the right to be heard and present evidence at all hearings regarding the written accusation. The Police Chief, police officer, his or her attorney or representation, as well as the individual imposing the action or their respective attorneys or representatives, may request to record all hearings regarding the written accusation, at the requesting party's expense.
(3) The village, through its Chairperson, shall take appropriate action on the written accusation. Following the action, the police officer or Police Chief shall have five days within which to apply for an appeal hearing to be conducted by the Board of Trustees. Both the police officer, Police Chief, and/or the individual imposing the action, and their respective attorneys and representatives, shall have the right at the hearing to be heard and to present evidence to the Village Board for its consideration. Not later than 30 days following the adjournment of the meeting at which the hearing was held, the Village Board shall vote to uphold, reverse or modify the action. The failure of the Village Board to act within 30 days or the failure of a majority of the elected board members to vote to reverse or modify the action shall be construed a vote to uphold the action. The decision of the Village Board shall be based upon its determination that, under the facts and evidence presented at the hearing, the action was necessary for the proper management and the effective operation of the police department in the performance of its duties under the statutes of the State of Nebraska. Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of a police officer or Police Chief by the Chairperson of the Board of Trustees pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or of disobedience of orders.
(4) This section does not apply to a police officer or a Police Chief during his or her probationary period.
(B) The Village Clerk, Treasurer, Attorney, Overseer of Streets, members of the Board of Health, and other appointed officials, except regular police officers, shall hold office for one year unless removed by the Chairperson of the Village Board with the advice and consent of the Trustees.
(C) If the Board of Trustees appoints 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 village ordinances and state law.
(D) If the village has a Municipal Water Commissioner, the Municipal Water Commissioner may at any time, for sufficient cause, be removed from office by a two-thirds vote of the Board of Trustees.
(Am. Ord. D-286, passed 12-6-2011)