(A) (1) As soon as a system of waterworks or mains or portion or extension of any system of waterworks or water supply has been established by the city, the Mayor shall nominate and by and with the advice and consent of the City Council shall appoint any competent person who shall be known as the Water Commissioner of the city and whose term of office shall be for one fiscal year or until his or her successor is appointed and qualified. Annually at the first regular meeting of the City Council in December, the Water Commissioner shall be appointed as provided in this section.
(2) The Water Commissioner may at any time, for sufficient cause, be removed by a two-thirds vote of the City Council. Any vacancy occurring in the office of Water Commissioner by death, resignation, removal from office, or removal from the city may be filled in the manner provided in this section for the appointment of the Commissioner.
(3) The Water Commissioner shall, before he or she enters upon the discharge of his or her duties, execute a bond or provide evidence of equivalent insurance to the city in a sum to be fixed by the Mayor and Council, but not less than $5,000, conditioned upon the faithful discharge of his or her duties, and such bond shall be signed by two or more good and sufficient sureties, to be approved by the Mayor and Council or executed by a corporate surety.
(4) The Water Commissioner, subject to the supervision of the Mayor and City Council, shall have the general management and control of the system of waterworks or mains or portion or extension of any system of waterworks or water supply in the city.
(5) In a city where no Board of Public Works exists, and the city has other public utilities than its waterworks system, the Mayor and Council shall by ordinance designate Water Commissioner as Public Works Commissioner with authority to manage not only the system of waterworks but also other public utilities, and all of the provisions of this division (A) applying to the Water Commissioner shall apply to the Public Works Commissioner.
(Neb. RS 17-541)
(B) (1) The Water Commissioner shall collect all money received by the city on account of its system of waterworks and shall faithfully account for and pay over the same to the City Treasurer, taking his or her receipt therefor in duplicate, filing one of the same with the City Clerk.
(2) He or she shall make a detailed report to the City Council, at least once every six months, of the condition of the water system, of all mains, pipes, hydrants, reservoirs, and machinery, and such improvements, repairs, and extension thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months. No money shall be expended for improvements, repairs, or extension of the waterworks system except upon recommendation of the Water Commissioner.
(3) The Water Commissioner shall perform such other duties as may be prescribed by ordinance.
(4) The Water Commissioner shall be paid such salary as the Council may by ordinance provide, and upon his or her written recommendation, the Mayor and Council shall employ such laborers and clerks as may to them seem necessary.
(5) Neither the Mayor nor any member of the Council shall be eligible to the office of Water Commissioner during the term for which he or she was elected.
(6) If the city owns public utilities other than the waterworks system and the Water Commissioner has been designated by ordinance as the Public Works Commissioner under the authority of division (A) above, then all provisions of this division (B) in reference to a Water Commissioner shall apply to the Public Works Commissioner.
(Neb. RS 17-543)
(C) In the event the city shall have created a Board of Public Works as provided in § 32.06, the Water Commissioner shall, subject to confirmation by the Mayor and Council, be employed thereafter by the Board at such reasonable compensation as may be agreed upon at the time of such employment and shall thereafter be under the jurisdiction of the Board, any of the provisions of Neb. RS 17-501 to 17-560 to the contrary notwithstanding. Any Water Commissioner under the jurisdiction and control of the Board of Public Works may be removed by the Board, after an opportunity to be heard before the Mayor and Council if he or she shall so request, for malfeasance, misfeasance or neglect in office.
(Neb. RS 17-804)