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(A) (1) The Board of Trustees may, by ordinance, combine or merge any elective or appointive village office or village employment or any combination of duties of any such offices or employments, except that the office of Trustee shall not be combined or merged with any other village office or village employment except as provided in division (B) of this section.
(2) The village offices or village employments combined or merged 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.
(B) (1) The office of Trustee shall not be combined or merged with any other village office or village employment, except that a member of the Board of Trustees may receive compensation to perform seasonal or emergency work upon approval by the Board of Trustees.
(2) No member of the Board of Trustees shall receive compensation from the village in excess of the maximum amount provided by law.
(C) For purposes of this section, volunteer firefighters and volunteer rescue squad personnel shall not be considered village officers.
(Neb. RS 17-209.02) (`75 Code, § 1-202) (Am. Ord. 200, passed 10-2-84; Am. Ord. 283, passed 12-4-90; Am. Ord. 651, passed 2-8-22)
Statutory reference:
Political accountability and disclosure; conflicts of interest, Neb. RS 49-14,103.01 through 49-14,103.06
The appointive offices of Municipal Clerk and Municipal Treasurer are hereby combined and merged, in accordance with the authority granted to the governing body by § 31.02.
(`75 Code, § 1-203)
Statutory reference:
Authority, Neb. RS 17-209.02
(A) The Village Clerk shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the Board of Trustees. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the Clerk may transfer the journal of the proceedings of the Board of Trustees to the State Archives of the Nebraska State Historical Society for permanent preservation. The Clerk shall also perform such other duties as may be required by the ordinances of the village. If the Clerk is acting as the Treasurer, he or she shall also comply with the requirements of § 31.05(A)(3).
(Neb. RS 17-605)
(B) (1) It shall be the duty of the Clerk to prepare and publish the official proceedings of the Board of Trustees within 30 days after any meeting of the Board. The publication shall be in a newspaper of general circulation in the village, shall set forth a statement of the proceedings of the meeting, 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 such 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 for in Neb. RS 23-122.
(Neb. RS 19-1102)
(2) Publication under division (B)(1) shall be made in one legal newspaper of general circulation in the village. If no legal newspaper is published in the village, then the publication shall be made in one legal newspaper published or of general circulation within the county in which the village is located. The cost of publication shall be paid out of the general funds of the village.
(Neb. RS 19-1103)
(C) The Clerk shall dispose of or destroy village public records when the records have been determined to be of no further legal, administrative, fiscal, or historical value by the State Records Administrator pursuant to the Records Management Act. This shall not apply to the minutes of the Clerk and the permanent ordinance and resolution books, or any other record classified as permanent by the State Records Administrator.
(Neb. RS 18-1701)
(D) (1) The Clerk shall permit any person to examine and copy the public records in the Clerk's custody, and may charge a fee for providing copies of a public record, as provided in Neb. RS 84-712 through 84-712.09.
(2) The Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the Board of Trustees.
(E) The Clerk shall permit no records, public papers, or other documents of the village kept and preserved in his or her office to be taken therefrom, except by such officers of the village as may be entitled to the use of the same, but only upon their leaving a receipt therefor, and except pursuant to Neb. RS 84-712(2). 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 Board of Trustees 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 such 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 and 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.
(F) The Clerk shall deliver all warrants, ordinances, and resolutions under his or her charge to the Chairperson for his or her signature. He or she shall also deliver to officers, employees, and committees all resolutions and communications which are directed at such officers, employees, or committees. With the seal of the village, he or she shall duly attest the Chairperson's signature to all ordinances, deeds, and papers required to be attested to when ordered to do so by the Board of Trustees.
(G) The Clerk shall issue and sign all licenses, permits, and occupation tax receipts authorized by law and required by the village ordinances. He or she shall collect all occupation taxes and license money, except where some other village officer is specifically charged with that duty. He or she shall keep a register of all licenses granted in the village and the purpose for which they have been issued.
(H) The Clerk shall keep in a book with a proper index, copies of all notices required to be published or posted by the Clerk by order of the Board of Trustees or under the ordinances of the village. 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 Clerk's certificate under seal where the same are required to be posted only.
(I) The Clerk 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 village, and in the event that the claim is disallowed in part or in whole, the Clerk shall notify the claimant or his or her agent or attorney by letter within five days after the disallowance, and the Clerk shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.
(`75 Code, § 1-204) (Am. Ord. 539, passed 3-11-14; Am. Ord. 625, passed 2-9-21; Am. Ord. 652, passed 2-8-22)
Statutory reference:
Duties generally, Neb. RS 17-605
Publication of official proceedings; fiscal year report, Neb. RS 19-1101 et seq.
Penalty for failure to perform duties, Neb. RS 19-1104
Publication rates, Neb. RS 23-122 and Neb. RS 33-141 through 33-143
Examination of public records free of charge, Neb. RS 84-712
Records Management Act, Neb. RS 84-1201 through 84-1227
(A) (1) The Village Treasurer shall be the custodian of all money belonging to the village. He or she shall keep a separate account of each fund or appropriation and the debts and credits belonging thereto. He or she shall give every person paying money into the treasury a receipt therefor, specifying the date of payment and on what account paid. He or she shall also file copies of such receipts with his or her monthly reports. The Treasurer shall, at the end of every month, and as often as may be required, render an account to the Board of Trustees, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury. He or she shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which warrants, with any and all vouchers held by him or her, shall be filed with his or her account in the Village Clerk's office. If the Treasurer fails to render his or her account within 20 days after the end of the month, or by a later date established by the Board of Trustees, the Mayor may use this failure as cause to remove the Treasurer from office.
(2) The Treasurer shall keep a record of all outstanding bonds against the village, showing the number and amount of each bond, for and to whom the bonds were issued, and the date upon which any bond is purchased, paid, or canceled. The Treasurer shall accompany the annual statement submitted pursuant to Neb. RS 19-1101 with a description of the bonds issued and sold in that year and the terms of sale, with every item of expense thereof.
(3) The Treasurer shall annually complete continuing education through a program approved by the Auditor of Public Accounts, and proof of completion of such program shall be submitted to the Auditor of Public Accounts.
(Neb. RS 17-606)
(B) (1) The Treasurer shall prepare and publish annually within 60 days after the close of the village fiscal year a statement of the receipts and expenditures of funds of the village for the preceding fiscal year. The statement shall also include the information required by Neb. RS 16-318(3) or 17-606(2). Not more than the legal rate provided for in Neb. RS 33-141 shall be charged and paid for such publication.
(Neb. RS 19-1101)
(2) Publication shall be made in one legal newspaper of general circulation in the village. If no legal newspaper is published in the village, then such publication shall be made in one legal newspaper published or of general circulation within the county in which the village is located.
(Neb. RS 19-1103)
(C) (1) All warrants upon the Treasurer shall be paid in the order of their presentation therefor and as otherwise provided in Neb. RS 77-2201 through 77-2215.
(Neb. RS 77-2201)
(2) The Treasurer shall keep a warrant register, which register shall show in columns arranged for that purpose the number, the date, and the amount of each warrant presented and registered, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the warrant is registered, the date of payment, the amount of interest, and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed.
(Neb. RS 77-2202)
(3) The Treasurer shall make duplicate receipts for all sums which shall be paid into his or her office, which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise. The Treasurer shall deliver one of the duplicates to the person making the payment and retain the other in his or her office.
(Neb. RS 77-2209)
(4) The Treasurer shall daily, as money is received, foot the several columns of the cash book and of the register, and carry the amounts forward, and at the close of each year, in case the amount of money received by the Treasurer is insufficient to pay the warrants registered, he or she shall close the account for that year in the register and shall carry forward the excess.
(Neb. RS. 77-2210)
(5) The cash book, register, and retained receipts of the Treasurer shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.
(Neb. RS 77-2212)
(D) The Treasurer shall permit any person to examine and copy the public records in the Treasurer's custody, and may charge a fee for providing copies of a public record, as provided in Neb. RS 84-712 through 84-712.09.
(E) The Treasurer shall keep all money belonging to the village separate and distinct from his or her own money. He or she shall cancel all bonds, coupons, warrants, and other evidences of debt against the village, whenever paid by him or her, by writing or stamping on the face thereof, “Paid by the Village 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 obtain from the County Treasurer a monthly report as to the collection of delinquent taxes.
(`75 Code, §§ 1-205 and 1-206) (Am. Ord. 379, passed 12-3-02; Am. Ord. 538, passed 3-11-14; Am. Ord. 626, passed 2-9-21)
Statutory reference:
Statutory duties, Neb. RS 17-606 through 17-609
Annual report required to be published, Neb. RS 19-1101 and 19- 1103
Free examination of public records, Neb. RS 84-712
The Municipal Attorney is the municipality's legal advisor, and as such he or she shall commence, prosecute, and defend all suits on behalf of the municipality. When requested by the governing body, he or she shall attend meetings of the governing body and shall advise any municipal official in all matters of law in which the interests of the municipality may be involved. He or she shall draft such ordinances, bonds, contracts, and other writings as may be required in the administration of the affairs of the municipality. He or she shall examine all bonds, contracts, and documents on which the governing body will be required to act and attach thereto a brief statement in writing to all such instruments and documents as to whether or not the document is in legal and proper form. He or she shall prepare complaints, attend, and prosecute violations of the municipal ordinances when directed to do so by the governing body. Without direction, he or she shall appear and prosecute all cases for violation of the municipal ordinances that have been appealed to and are pending in any higher court. He or she shall also examine, when requested to do so by the governing body, the ordinance records and advise and assist the Municipal Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to insure that they will be valid, and subsisting local laws in so far as their passage and approval are concerned. The governing body shall have the right to compensate the Municipal Attorney for legal services on such terms as the governing body and the Municipal Attorney may agree, and to employ any additional legal assistance as may be necessary out of the funds of the municipality.
(`75 Code, § 1-208)
Statutory reference:
Authorizing and similar provisions, Neb. RS 17-610
The Municipal 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/she shall accurately make all plats, sections and maps as may be necessary under and by the direction of the governing body. Upon request, he/she shall make estimates of the cost of labor and material which may be done or furnished by contract with the municipality, and make all surveys, estimates and calculations necessary to be made for the establishment of grades, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, bridges, curbing and gutters and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the governing body may require.
(Neb. RS 17-207, 17-568, 17-568.01, 17-913 and 17-919) (Ord. 455, passed 1-13-04)
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