Nebraska Association of County Officials CountyLinenaco.mipsweb.info/pdfs/publications/countyline/2008_november.pdf · National Association of Counties. In my mind the nominal national

INSIDE ⇒ 114th Annual Conference Information

And Agendas

⇒ Legal Line: Incidental Use Of Public Resources Challenged

⇒ NACO’s 3rd Annual Legislative

Conference ⇒ Nebraska Weed

Control Professionals Attend NAWMA Conference

November, 2008 CountyLine

Nebraska Assoc i a t i on o f Coun ty O f f i c i a l s

NACO’s 114th Annual Conference

NACO CountyLine

In This Issue …

3rd Annual Legislative Conference..................................... 7 Calendar Of Events ....................................................... 26 Conference Agendas..................................................10-14 Conference Matters ......................................................... 9 County Forum On Energy Independence .......................... 22 Executive Director’s Comments......................................... 4 Legal Calendar..........................................................23-25 Legal Line: Incidental Use Of Public Records Challenged ... 15 NACo Scores Huge Success With Full PILT Funding............ 17 Nebraska Weed Control Professionals Attend NAWMA Conference....................................................... 19 Nebraska’s Community Leaders To Tackle Sustainability Leadership Issues ......................................................... 18 November Contest ........................................................ 20 President’s Message ........................................................ 5 Professional Directory.................................................... 26 Rural Health Works ......................................................... 8 Slippery When Wet........................................................ 21

625 South 14th St., Suite 200

Lincoln, Neb. 68508

Telephone: (402) 434-5660

FAX: (402) 434-5673

Web site: www.nacone.org

Publisher Larry J. Dix

[email protected]

Editor Lisa Wefer

[email protected]

Advertising rates available on request.

Page 2 November, 2008

Executive Officers

President

Joe Hewgley, Lincoln County Vice President

Dennis Kimbrough, Fillmore County Secretary-Treasurer

Pamela Lancaster, Hall County Past President

Jerry McCallum, Madison County

Board of Directors District Representatives

Mike Boyle, Douglas County Bernie Heier, Lancaster County

Rick Soper, Kimball County Earl McNutt, Red Willow County

Tim Loewenstein, Buffalo County Duane Wilcox, Washington County

Terry Keebler, Johnson County

Affiliate Representatives

Dan Pittman, Sarpy County Sherry Schweitzer, Seward County

Susan Thomas, Keith County Don Thomas, Lancaster County

Jon Zavadil, Platte County Janet Suminski, Valley County

NACo Representative Tim Loewenstein, Buffalo County

Subscriptions: $20 per year. NACO CountyLine is made available on the NACO website. All information contained in this publication is the sole ownership of NACO unless specifically stated that the information is reprinted with permission from the originator. Reproduction of any information contained in this publication is prohibited without the express consent of the publisher. Views of contributors, whether solicited or unsolicited, are their own and are not to be construed as having the endorsement of NACO, unless specifically stated by the publisher. able on request.

should be a member of NACo, as that is the amount of funds that will be distributed to Nebraska Counties next year. If you are not a member of the National Association of Counties, please give serious consideration to becoming a member. PILT is only one of the programs that provide you with a good return on your investment. More than can be said for the stock market these days!

National Association of Counties. In my mind the nominal national dues of $400 per year (except for the 15 largest counties) are a bargain. One Nebraska county stands to gain enough revenue to pay for the next 200 years of dues to NACo. In April, 2004, I stated in my Countyline article, “In Fiscal Year 2003 Nebraska’s counties received in excess of $600,000 from this federal program in which the National Association of County Officials played a vital role in lobbying at the federal level to continue this program. Using PILT alone, I believe this represents 600,000 reasons why each Nebraska County should be a member of the National Association of County Officials”. Here we are in 2008 and I believe that we will have over 1 million reasons why each county

“Here we are in 2008 and I believe that we will have over 1 million reasons why each county should be a

member of NACo ...”


Executive Director’s Comments

Larry Dix Executive Director

Federal Bailout May Help Nebraska Counties

The financial rescue plan signed by the president earlier this month — the Emergency Economic Stabilization Act of 2008 — included a key provision that positively impacts nearly half of Nebraska counties. To be exact, 43 Nebraska counties will directly benefit from the rescue plan. The bill included full funding for the Payment in Lieu of Taxes program (PILT) through 2012—an estimated 60 percent increase in funding. This increase was due to the involvement of NACo (Nat iona l Assoc iat ion o f Counties). NACo has been working diligently on increased funding of PILT for as many years as I can remember. I plan to compare the list of Nebraska counties receiving PILT funds with the list of Nebraska counties that are members of the

I was going through some of my old “STUFF” the other day and ran across an article I have been saving for over twenty two years. It actually has to do with the folding of our American flag and the meaning of each individual fold. I do glance at it every few years in an effort to try to make myself just a little more appreciative of what our men and women in the armed forces have sacrificed for us in the past and continue to do so yet today. It was from an article in the North Platte Telegraph Bulletin published in June of 1986 by a retired navy weather man by the name of Harry Spohn. Harry actually received the information from a gentleman from Greenville, Iowa by the name of Robert A. Foster. With Veteran’s Day coming up on the eleventh of November, I thought this might be a great time to share this bit of trivia with you. I hope it might mean as much to you as it has to me over these past twenty two years.

According to Mr. Spohn, the premise is simple: the folds of the flad represent the same religious principals upon which our nation was “originally founded”.

When completely folded the flag will be in a “cocked hat” shape, with the blue canton denoting honor, and the blue contains the stars which represent the states the veteran fought for when wearing the uniform of the country’s military services.

The meaning of the folds are:

FIRST FOLD of our flag is a symbol of life.

SECOND FOLD is a symbol of our belief in eternal life.

THIRD FOLD is made in honor and remembrance of the veteran departing our ranks who gave a portion of his or her life for the defense of our country to attain peace throughout the world.

FOURTH FOLD represents our weaker nature, for as American citizens trusting in God, it is to God we turn to in times of peace, as well as in times of war, for divine guidance. FIFTH FOLD is a tribute to our country, for in the words of Stephen Decatur, “Our country, in dealing with other countries, may she always be right, but it is still our country, right or wrong”. SIXTH FOLD is for where our hearts lie. It is with our heart that we pledge allegiance to the flag of the United States of America, and to the Republic for which it stands. One Nation, under God, indivisible, with liberty and justice for all. SEVENTH FOLD is a tribute to our Armed Forces, for it is through the Armed Forces that we protect our country and our flag against all her enemies, whether they be found within or without the boundaries of our republic. EIGHTH FOLD is a tribute to the one who entered into the valley of the shadow of death, that we might see the light of day, and to honor mother for whom it flies on Mother’s Day. NINTH FOLD is a tribute to womanhood, for it has been through their faith, love, loyalty

President’s Message

Random Thoughts


and devotion that the character of the man and women who have made this country great have been molded.

TENTH FOLD is a tribute to father, for he, too, has given his sons and daughters for the defense of the country.

ELEVENTH FOLD glorifies the God of the Hebrews of the Old Testament of the Holy Bible.

TWELFTH FOLD represents an emblem of eternity and glorifies the God of the New Testament, God the Father, God the Son, and God the Holy Ghost.

When the flag is completely folded the blue canton and stars are uppermost, reminding us of our national motto: “In God We Trust”. When properly folded and tucked it looks like a cocked hat, reminding us of soldiers who served under General George Washington, and the sailors and marines who served under John Paul Hones. They, followed by comrades, shipmates, and airmen today, have preserved for us the rights, privileges, and freedoms we enjoy today. I would like to say “thank you”

to all who wear the uniform of this great Nation, both past and present, including my son-in-law currently serving with the U.S Army overseas.

My hope is that all who read this brief article say thank you to the “Veteran”, not just this Veteran’s Day but every day for the sacrifices they have made, and continue to make for the freedoms we sometimes take for granted.

Joe Hewgley NACO President

Knoll takes great ideas to government. The U.S. Communities Government Purchasing Alliance and Knoll Local governments can now benefit from the U.S. Communities Government Purchasing Alliance Contract with Knoll, Contract #RQ07-878957-20B. This contract is the result of a competitive public bid by Fairfax County, Virginia on behalf of all local governments. All bidding requirements have been satisfied, saving you time and money. The bid can be view at Knoll’s website, www.knolluscommunities.com. National sponsors include the National Association of Counties, National Institute of Government Purchasing, National League of Cities, the U.S. Conference of Mayors, and the Association of School Business Officials. Knoll products capture the depth and breadth of any organization. Knoll offers a wide array of products for all of your furniture needs, including: Workstations and Collaborative Spaces, Private Offices, Training Areas, Public Spaces, Cafeterias and Lounges, Conference Rooms, and Storage options. Knoll products help promote proper ergonomics to accommodate the health and safely of the public workers. And Knoll’s Clean Technology Manufacturing processes will help you create a beautiful workplace that is also environmentally responsible.

Knoll takes great ideas to government. The U.S. Communities Government Purchasing Alliance and Knoll Local governments can now benefit from the U.S. Communities Government Purchasing Alliance Contract with Knoll, Contract #RQ07-878957-20B. This contract is the result of a competitive public bid by Fairfax County, Virginia on behalf of all local governments. All bidding requirements have been satisfied, saving you time and money. The bid can be view at Knoll’s website, www.knolluscommunities.com. National sponsors include the National Association of Counties, National Institute of Government Purchasing, National League of Cities, the U.S. Conference of Mayors, and the Association of School Business Officials. Knoll products capture the depth and breadth of any organization. Knoll offers a wide array of products for all of your furniture needs, including: Workstations and Collaborative Spaces, Private Offices, Training Areas, Public Spaces, Cafeterias and Lounges, Conference Rooms, and Storage options. Knoll products help promote proper ergonomics to accommodate the health and safely of the public workers. And Knoll’s Clean Technology Manufacturing processes will help you create a beautiful workplace that is also environmentally responsible.

For more information:

[email protected] www.knolluscommunities.com www.knoll.com

3rd Annual Legislative Conference Establishes NACO Platform And Priorities


Mother nature just wasn’t cooperating when NACO held it’s 3rd Annual Legislative Conference in Kearney at the Holiday Inn Hotel and Convention Center on October 23rd. Forecasts for different areas of the state called for snow, sleet, rain and strong winds. And, in some areas of the state these forecasts held true. As a result, attendance at the annual conference was below average but, like the postman, the weather didn’t stop over seventy county officials from attending and contr ibut ing to the establishment of NACO’s platform and legislative priorities for the 2009 legislative session.

In addition to establishing the platform and priorities, Patrick O’Donnel l , C lerk of the Legislature made a presentation on the legislative process, Senator Deb Fischer held a discussion on road funding and transportation issues facing Nebraska, and Bill Lock and Tom Bergquist from the Legislative Revenue Committee Staff gave a presentation on state aid to counties.

A luncheon was provided where the luncheon speaker, Secretary of State John Gale, spoke about the upcoming election.

The date for the 4th Annual Legislative Conference is October 8, 2009 and will be held in the same location. Mark your calendars!


NACo Announces 4th Round of Funding for

Rural Health Works Technical Assistance for Rural counties

NACo is now accepting applications for the Rural Health Works Technical Assistance Grant for rural counties. Rural Health Works is strategic planning process that assists counties to evaluate their healthcare system and to generate county‐specific data on the relationship between the health care sector and the local economy. The ultimate goal of the project is to strengthen rural economies by improving the local health system. NACo will grant a total of three awards on a competitive basis. The award, valued at more than $18,000 for each county, includes intensive technical assistance on the Rural Health Works model. Selected counties will work with Rural Health Works consultants to: • Identify their health care needs • Examine the social, economic, and political realities affecting the local delivery of health care

• Determine how the health care system can best meet the community’s needs • Develop an action plan based on their analysis and planning Funds are being provided by the Office of Rural Health Policy, Health Resources and Services Ad‐ministration, DHHS. The application is available www.healthycounties.org. Application deadline is December 15, 2008. For more information, please contact Christina Rowland at [email protected] or 202‐942‐4267 Christina Rowland Senior Associate National Association of Counties 25 Massachusetts Avenue NW Washington, DC 20001 202-942-4267 Interested in improving the health of your county? Visit www.healthycounties.org.

http://www.healthycounties.org

mailto:[email protected]

http://www.healthycounties.org/

Conference Matters Page 9 November, 2008

On the following pages are tentative agendas for NACO’s 114th Annual Conference to be held in Lincoln at the Cornhusker Marriott Hotel on December 10-12. Review the agenda for your respective affiliate group and make plans to attend the conference. The agendas are tentative because not every speaker has confirmed their presentation. Lodging—By now county officials who had made room reservations with the Cornhusker Marriott, Holiday Inn, Surburban Extended Stay or Embassy Suites should have received information from these hotels as to the status of their rooming request. If you have not received information regarding your request, please contact the NACO office. Once again, all rooms in NACO’s room block at all four hotels are full at this time. A waiting list has been established for those who faxed their requests and were unable to acquire lodging at any of the above listed hotels. For all county officials who made lodging arrangements for the officials in their county, please review your lodging requirements as soon as possible and release any rooms that you will not utilize so that those persons on the waiting list can be accommodated. Remember that November 14 is the last date to make any changes to your reservations without being penalized. Any cancellations or cut backs in the number of lodging nights after this date will be penalized a night’s lodging fee. This means that if you made reservations for three nights and you need to omit one of the nights making your reservations for two nights only, you must do so on or before November 14. Otherwise you will be billed for an extra night’s lodging.

Registration—Registration for the conference can be made online at NACO’s website. The website address is www.nacone.org. The registration fee is $120 for those persons registering on or before November 30. After this date the registration fee is $135.00. Registration will be held in the Lower Level of the Burnham Yates Conference Center and the hours will be as follows:

December 10 8:00 a.m.—6:00 p.m. December 11 6:30 a.m.—3:00 p.m. December 12 7:00 a.m.—10:00 a.m. The registration includes one ticket for the Delegation Breakfast, one ticket for the Delegation Luncheon, one reception, and all conference material. Tickets for the Inspirational Breakfast must be purchased separately.

Name Badges—Conference delegates will be required to wear their name badges to all functions of the conference with no exceptions. Hotel employees will monitor the entrance to the meeting rooms and will request that guests show their name badges (if not visible) before entrance into a meeting or function. In the event that you misplace your name badge, you should request a replacement at the registration desk.

Conference Programs—In order to minimize the cost of registration, NACO has adopted a policy regarding conference programs. Printing of conference programs has become very costly. If you misplace your program, you may purchase an

additional program at the cost of printing, which is $2.50. NACO recognizes that there will be times when delegates may leave their programs in their sleeping room which may be at a different hotel. You will be able to acquire individual schedules for your affiliate group at no cost at the registration desk during registration desk hours.

Individual Tours—Some affiliate groups have included tours outside of the hotel. If your affiliate group has arranged a tour, please see your association president for tour details.

Social Activities in Exhibit Areas—Again this year conference participants will have an opportunity to visit all exhibit booths. However, there is one social activity you will want to be sure to attend. From 4:00 to 5:30 p.m. on Thursday you are invited to visit the exhibitors and enjoy refreshments. This is a prime opportunity to stroll through the exhibition areas, visit with the many vendors who will be displaying and demonstrating a variety of products and services, and at the same time locate the six prize-drawing boxes that will be placed throughout the exhibit areas and deposit your prize drawing cards. Door prize drawing winners will be posted by the registration desk on Friday morning and winners may pick up their door prizes between 10:30 a.m. and 12:30 p.m. on Friday.

Meal Tickets—Meal tickets will be available at the conference registration desk on Wednesday afternoon, all day Thursday, and until 7:30 a.m. on Friday. Costs are as follows:

Inspirational Breakfast $15 .00 Delegation Breakfast $17.00 Delegation Luncheon $25.00

Guest Program—Space is limited to fifty-two persons in the guest program so be sure your registration for this program arrives early. The guest program will include tours of the Bedient Pipe Organ Company, Redwing Pottery and the National Museum of Roller Skating. This program also includes lunch at the Knolls Country Club and shopping at Southpointe Pavilions on Thursday.

County Flags—Again this year NACO will display county flags at the conference. Each county should bring their county flag, if they have not already given one to NACO. Flags may be dropped off at the registration booth on Wednesday as early as possible. Flags may be picked up on Friday after the NACO Business meeting.

Questions—If you have questions regarding the conference that have not been answered in this issue, please contact the NACO Office at (402) 434-5660. If you have not already registered, please go to NACO’s website and do so today!


Assessors Wednesday, December 10

2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Win With Teamwork—Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:15 a.m. Board Bus For James Arthur Vineyards 9:00 a.m. Handling Difficult People-Kevin Mattron 11:00 a.m. Take This Job And Love It-Diane Kaye 12:00 p.m. Tour And Gavel Passing Luncheon 1:30 p.m. Department Of Revenue 2:15 p.m. Board Bus For Return To Hotel 3:00 p.m. Streambed Ownership And Weed Eradication

(Joint Session With County Boards & Weed Superintendents)

4:00 p.m. Exhibition Hall Social Activity

Friday, December 12 7:00 a.m. NACO Delegation Breakfast Buffet 8:00 a.m. NACO Business Meeting 10:15 a.m. NASA’s Expedition 16, Clayton Anderson NACO General Session 12:30 p.m. NACO Delegation Luncheon 2:00 p.m. Conference Adjournment

Attorneys County Attorneys do not have a formal agenda for the NACO Conference. Any County Attorney or representative of a County Attorney who is registered may attend any of the functions listed throughout the content of the program included in the registration fee.

Clerks, Election Commissioners,

Registers of Deeds Wednesday, December 10

8:30 a.m. Petitions, Special Elections & General Election Comments With Secretary Of State’s Office 9:30 a.m. Post Election Wrap Up—ES&S 9:45 a.m. Break 10:00 a.m. Wrongful And Difficult Terminations 11:15 a.m. NIRMA Luncheon Or Lunch On Your Own 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Win With Teamwork—Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:30 a.m. The New Real Estate Transfer Statements 9:30 a.m. Break 10:00 a.m. Raising The Standards-PRIA 11:30 a.m. Business Meeting And Lunch In Meeting

Room 1:30 p.m. Department Of Motor Vehicles 2:30 p.m. Break 3:00 p.m. Nebraska Retirement Systems 4:00 p.m. Exhibition Hall Social Activity

Friday, December 12 7:00 a.m. NACO Delegation Breakfast Buffet 8:00 a.m. NACO Business Meeting 10:15 a.m. NASA’s Expedition 16 — Clayton Anderson NACO General Session 12:30 p.m. NACO Delegation Luncheon 2:00 p.m. Conference Adjournment PLEASE NOTE: A separate meeting room will be provided to utilize when the conference agenda does not pertain to your respective county office.

Clerks Of District Court Wednesday, December 10

8:30 a.m. NACO Executive Director 9:15 a.m. Court Administrator 10:00 a.m. Break 10:15 a.m. Business Meeting 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Win With Teamwork—Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:30 a.m. Current Events At DSS 9:00 a.m. Transferring Of Cases, E-Filing, Imaging/ Scanning/Microfilming/Complete Record, Update On Douglas County District Court Conversion, Round Table Discussion 12:00 p.m. Lunch In Meeting Room 1:00 p.m. Retention Schedule 8 & 24, Tour Of Records Management And Nebraska State Archives 4:00 p.m. Exhibition Hall Social Activity

Friday, December 12 7:00 a.m. NACO Delegation Breakfast Buffet 8:00 a.m. NACO Business Meeting 10:15 a.m. NASA’s Expedition 16 — Clayton Anderson NACO General Session 12:30 p.m. NACO Delegation Luncheon 2:00 p.m. Conference Adjournment

Conference Agendas


County Boards Wednesday, December 10

11:30 a.m. NIRMA Luncheon Or Lunch On Your Own 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:30 a.m. Crossing the T’s & Dotting the I’s—How to

Prepare for a TERC Hearing 10:00 a.m. Break 10:30 a.m. Leadership and the Future of Local

Governments 11:30 a.m. Lunch On Your Own 1:30 p.m. Concurrent Break Out Sessions A. Road Funding B. Utilizing County Funds for Area Aging

Agencies 2:30 p.m. Break 3:00 p.m. Concurrent Break Out Sessions C. Streambed Ownership & Weed Eradication (Joint Session With Assessors & Weed

Superintendents) D. Juvenile Justice Services 4:00 p.m. Exhibition Hall Social Activity


Conference Agendas

New Jersey native Jason Michael Peter (born September 13, 1974) grew up with two brothers and one sister which led to a lot of competition around the house. At an early age Jason focused his athletic ability towards soccer, ice-hockey and swimming. It wasn’t until his junior year of high school that he decided to go out for the football team at Middletown South in Middletown, New Jersey. He later graduated from Milford Academy in Milford, Connecticut. That year the football team at Milford had 21 players sign Division 1 scholarships by season’s end. He took recruiting trips to the University of Miami, Georgia Tech, Washington, Syracuse and Nebraska. When signing day came he decided to play for Nebraska where his brother Christian was already making a name for himself as a member of the Cornhusker football team. In 1995, Jason and Christian started side by side on the defensive line of arguably the best college football team ever. Jason played on three National Championship teams (1994, 1995 & 1997). He was named first team All-Big 12 in 1996 and 1997, first team all-American in 1997, and was also a finalist for the

Outland Trophy, the Bronko Nagurski and the Defensive Player of the Year Award. Jason’s teammates selected him as a team captain his senior year. Upon graduating he was picked in the first round (14th overall) of the 1998 NFL Draft by the Carolina Panthers and was selected for Football Digest’s All-Rookie Team. His career was shortened by chronic neck injuries that forced him to retire after the 2001 season. Jason’s drug addiction story is being told through his memoir “Hero of the Underground.” He is currently co-hosting a radio sports talk show called “The Spread” which can be heard online at espn1480.com.

Don’t miss this opening session presentation as Jason Peter explains how fleeting life can be and how strong demons can pull at a person — even a larger-than-life, rugged football hero.

Jason Peter To Deliver Opening Session Address

Emergency Managers Wednesday, December 10

10:00 a.m. Boy Scout Tornado Presentation (Joint Session With Sheriff’s Association) 12:00 p.m. Lunch On Your Own 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities 5:00 p.m. NAEM Board Meeting

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:30 a.m. Welcome 9:00 a.m. Nebraska Volunteer Service Commission 9:30 a.m. FEMA Updates 10:35 a.m. Break 10:45 a.m. Business Meeting 11:00 a.m. Disaster Assistance Teams-NE 12:00 p.m. Luncheon In Meeting Room 1:00 p.m. NACO Update 1:30 p.m. NIMS Update 2:00 p.m. SERC/NEMA Update 2:45 p.m. Break 3:00 p.m. Nebraska Homeland Security 3:30 p.m. Networking Time 4:00 p.m. Exhibition Hall Social Activity



Health Directors Wednesday, December 10

10:00 a.m. Health Officials Meeting & Working Lunch 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:00 a.m. Public Health Preparedness Session 11:30 a.m. Public Health Networking Lunch 1:30 p.m. State And Local Public Health Topics 4:00 p.m. Exhibition Hall Social Activity


Highway Superintendents/

Surveyors/Engineers Wednesday, December 10

2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:00 a.m. Nebraska L.T.A.P. Update 8:30 a.m. MIPS Road Management Program 9:00 a.m. N.D.O.R Local Projects Section 9:45 a.m. Break 10:00 a.m. N.D.O.R.-Bridge N.B.I. Compliance Progress

Update 10:30 a.m. N.D.O.R.-Project Development Environmental

Compliance Issues 11:00 a.m. N.D.O.R.-Right-Of-Way Division 11:30 a.m. N.D.O.R.-Director, John Craig 12:00 p.m. Lunch On Your Own 1:00 p.m. N.C.P.A.-Whitetopping 1:45 p.m. N.D.O.R. Pontis Implementation 2:15 p.m. N.A.C.E. 2:30 p.m. N.D.O.R.-Materials And Tests, Asphalt

Products Availability/Cost Outlook

2:45 p.m. Break 3:00 p.m. Nebraska State Surveyor, Section Corner

Identification And Preservation 3:30 p.m. Business Meeting 4:00 p.m. Exhibition Hall Social Activity


Planning And Zoning Administrators

Wednesday, December 10 10:30 a.m. Walk About Lincoln Scavenger Hunt 12:30 p.m. Lunch On Your Own 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:30 a.m. Greetings 9:00 a.m. ZA Story Hour 10:30 a.m. Break 11:00 a.m. Legislation 11:30 a.m. Association Business Meeting and Lunch In

Meeting Room 1:30 p.m. Wind & Air 3:00 p.m. Conservation Easements 4:00 p.m. Exhibition Hall Social Activity


Conference Agendas


Regional Administrators

Regional Administrators do not have a formal agenda for the NACO Conference. Any Regional Administrator or representative of a Regional Administrator who is registered may attend any of the functions listed throughout the content of the program included in the registration fee.

Sheriffs Wednesday, December 10

10:00 a.m. Boy Scout Camp Tornado (Joint Session With Emergency Managers) 12:00 p.m. Lunch On Your Own 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 9:00 a.m. Post Traumatic Stress Disorder In Law

Enforcement After Deployment 11:30 a.m. Lunch On Your Own 1:30 p.m. Juvenile Detention And Compliance

Monitoring And Quarterly Reporting 3:30 p.m. Nebraska Sheriffs Association Business

Meeting 4:00 p.m. Exhibitors Social Event


Transportation Officials Transportation Officials do not have a formal agenda for the NACO Conference. Any Transportation Official or representative of a Transportation Official who is registered may attend any of the functions listed throughout the content of the program included in the registration fee.

Treasurers Wednesday, December 10

10:00 a.m. Continuing Education Committee Meeting 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:30 a.m. NACO Executive Director 9:00 a.m. Department Of Motor Vehicles 10:30 a.m. Break 10:45 a.m. Department Of Motor Vehicles 12:00 p.m. Lunch In Meeting Room & Business Meeting 1:15 p.m. NPAIT Update 1:30 p.m. State Auditor 2:30 p.m. Game And Parks Boating 2:45 p.m. Break 3:00 p.m. State Treasurer 3:30 p.m. Department Of Revenue 4:00 p.m. Exhibition Hall Social Activity


Veterans Service Officers Wednesday, December 10

9:00 a.m. VARO Update 10:15 a.m. Hospital Update 11:30 a.m. Lunch On Your Own 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 9:00 a.m. Appeals Training 10:30 a.m. Update Of NDVA—NVA Applications & Trends Update Of NDVA—Veterans Home

Applications & Trends Update of NDVA—Tuition Waiver Applications

& Trends 11:30 a.m. Lunch On Your Own 1:00 p.m. NDVA Director’s Comments 2:30 p.m. Break 2:45 p.m. CVSOAN Business Meeting 4:00 p.m. Exhibition Hall Social Activity


Conference Agendas


Weed Superintendents Wednesday, December 10

8:10 a.m. Roll Call 8:15 a.m. US Fish & Wildlife Services 8:45 a.m. Natural Resource And Conservation Service 9:15 a.m. Nebraska Game & Parks 9:45 a.m. Farm Service Agency 10:15 a.m. Break 10:45 a.m. Nebraska Cooperative Fish & Wildlife Unit 11:15 a.m. Legislative Update 11:45 a.m. Lunch On Your Own 1:10 p.m. Roll Call 1:15 p.m. BioControl Update 1:45 p.m. EXAM 2:00 p.m. Welcome & Opening Session Activities 2:15 p.m. Special Address By Governor Dave Heineman 2:55 p.m. Opening Session Speaker, Jason Peter 5:00 p.m. Vendor Sponsored Activities

Thursday, December 11 7:15 a.m. Inspirational Breakfast 8:25 a.m. Roll Call 8:30 a.m. Nebraska Department Of Agriculture 9:15 a.m. NE Noxious Weed Advisory Committee

Update 9:45 a.m. Break 10:15 a.m. NACO Executive Director 10:45 a.m. BELF 11:15 a.m. NAWMA Update 11:45 a.m. Lunch On Your Own 1:10 p.m. Roll Call 1:15 p.m. Lower Platte WMA 1:45 p.m. Five Rivers WMA 2:15 p.m. Exam 2:30 p.m. Break 3:00 p.m. Streambed Ownership &

Weed Eradication (Mandatory)

(Joint Session With County Boards & Assessors)

4:00 p.m. Exhibition Hall Social Activity

Friday, December 12 7:00 a.m. NACO Delegation

Breakfast Buffet 8:00 a.m. NACO Business Meeting 10:15 a.m. NASA’s Expedition 16

— Clayton Anderson NACO General Session 12:30 p.m. NACO Delegation

Luncheon 2:00 p.m. Conference

Adjournment

Conference Agendas

Reminder!

Make any

cancellations or

changes to lodging

by November 14!

Reminder! Bring County Flags to NACO Conference for display!

Legal Line: Page 15

Editor’s Note: Legal Line is a feature that will periodically appear in CountyLine. Prepared by members of the NACO legal staff, Legal Line is not intended to serve as legal advice. Rather, it is published to alert readers to court decisions and legal or advisory matters important to county government. For a specific opinion on how the information contained in this article or that which will be discussed in future issues relates to your county, consult your county attorney or your personal counsel.

By Beth Ferrell NACO Assistant Legal Counsel

“This is your dentist’s office. I’m calling to remind you that you have an appointment with Dr. Smith on Thursday at 2 p.m.” “I’m working late. Can you pick up the kids tonight?” Virtually every public official and employee has received or made a phone call of a similar nature during office hours at some point in his or her career. In most jobs, public or private, this type of occasional communication with family members, repairmen, doctor’s offices and the like is treated as inconsequential when it occurs on a limited basis. However, a recent ruling by the Nebraska Accountability and Disclosure Commission (NADC) indicates that even such innocuous actions could violate the state’s laws prohibiting the use of public resources by a public official or employee for personal financial gain. Although state laws do not now and have never allowed the incidental or de minimis use of public resources for personal financial gain and have restricted the support or opposition of a ballot issue or candidate, enforcement of these concepts set out in the Nebraska Political Accountability and Disclosure Act, Neb.Rev.Stat. §49-1401 et seq., has been infrequent. The Act prohibits public officials or employees from using or authorizing the use of “personnel, resources, property, or funds under his or her official care and control other than in accordance with prescribed constitutional, statutory, and regulatory procedures or use such items, other than compensation provided by law, for personal financial gain.” §49-14,101.01(2). In addition, except as specified by law, public official and employees cannot use or authorize the use of public resources “for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question.” §49-14,101.02(2). (The full text of these sections is provided at the end of this article.) Former Norfolk city manager Mike Nolan was accused of violating the latter section by using his city-provided email account to send electronic messages for the purpose of campaigning against the passage of Initiative 423 in 2006. The director of the League of Municipalities had telephoned him and urged him to contact another city administrator, who was the head of the City Management Association, about funding for opposition to the ballot question. The emails in question were sent by Nolan in response to prior emails between the two city administrators on this issue. Both messages were sent on Nolan’s own laptop computer during

non-working and non-business hours from a Wi-Fi hotspot. Although there was some question about how Nolan’s computer logged onto the city’s email server and Internet provider, the exchanges were discovered pursuant to a public records request from a proponent of Initiative 423. In the Nolan case, the requester filed a complaint and the NADC investigated. In August 2008, the NADC determined that the alleged violation was “not excused on the grounds that it was de minimis or an incidental use of public resources”, and imposed a $1,000 fine. The NADC’s order stated that “there is no statutory limitation relating to the use of public resources, and it must therefor be assumed that the prohibition [in §49-14,101.02] is twenty-four hours a day, seven days a week.” The emails did not fall within statutory exceptions for officials providing responses to requests for information, nor did it fall within the safe harbor provided for governing bodies discussing and voting upon a resolution in support or opposition to a ballot issue. Despite testimony from the Auditor of Public Accounts that the use of a state server in similar circumstances is treated as a de minimis use of public resources and not pursued, the NADC found that a violation had occurred. The NADC repealed Advisory Opinion No. 166, issued on June 8, 1996, which is often cited as authority to allow the incidental use of public resources under the above statutes. It did not address earlier opinions on related issues. (See No. 163, No. 161 and No. 148 on the NADC website at www.nadc.nol.org/opinions.html What does this mean for county officials? In the short term, this opinion should remind all county officials and employees to be vigilant in considering whether their actions might be construed as an improper use of public resources, whatever the size, outside of the scope of their duties. According to the order, “The de minimis and incidental nature of the public resource used is not a matter to be considered in determining whether a violation occurred.” Nolan has appealed the order, but any decision is likely to be fact-specific and not particularly useful in providing guidance to other public officials. Several public entities have discussed the possibility of legislation authorizing de minimis or incidental use, but these terms would have to be defined by a lengthy laundry list of examples. For guidance, a county official can request an opinion on the propriety of their actions from the Commission. If an advisory opinion is issued pursuant to a complete and accurate request, the opinion is a complete defense to any charge of a violation of the Act. §49-14,100. At this point, the best approach is to be above reproach, at least until litigation or legislation provides other guidance. Use of Public Resource Statutes Section 49-14,101.01. Financial gain; gift of travel or lodging; prohibited acts; violation;

(Continued on page 16)

Incidental Use Of Public Resources Challenged

November, 2008

penalty. (1) A public official or public employee shall not use or authorize the use of his or her public office or any confidential information received through the holding of a public office to obtain financial gain, other than compensation provided by law, for himself or herself, a member of his or her immediate family, or a business with which the individual is associated. (2) A public official or public employee shall not use or authorize the use of personnel, resources, property, or funds under his or her official care and control other than in accordance with prescribed constitutional, s tatutory, and regulatory procedures or use such items, other than compensation provided by law, for personal financial gain. (3) A public official shall not accept a gift of travel or lodging or a gift of reimbursement for travel or lodging if the gift is made so that a member of the public official's immediate family can accompany the public official in the performance of his or her official duties. (4) A member of the immediate family of a public official shall not accept a gift of travel or lodging or a gift of reimbursement for travel or lodging if the gift is made so that a member of the public official's immediate family can accompany the public official in the performance of his or her official duties. (5) This section does not prohibit the Executive Board of the Legislative Council from adopting policies that allow a member of the Legislature to install and use with private funds a telephone line, telephone, and telefax machine in his or her public office for private purposes. (6) Except as provided in section 23-3113, any person violating this section shall be guilty of a Class III misdemeanor, except that no vote by any member of the Legislature shall subject such member to any criminal sanction under this section. Source: Laws 2001, LB 242, §

November, 2008

19; Laws 2002, LB 1086, § 4; Laws 2005, LB 242, § 44. Section 49-14,101.02. Public official or public employee; use of public resources or funds; prohibited acts; exceptions. (1) For purposes of this section, public resources means personnel, property, resources, or funds under the official care and control of a public official or public employee. (2) Except as otherwise provided in this section, a public official or public employee shall not use or authorize the use of public resources for the purpose of

Page 16

Incidental Use Of Public Resources Challenged (Continued from page 15)

campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question. (3) This section does not prohibit a public official or public employee from making government facilities available to a person for campaign purposes if the identity of the candidate or the support for or opposition to the ballot question is not a factor in making the government facility available or a factor in determining the cost or conditions of use. (4) This section does not prohibit

(Continued on page 20)

Legal Line:


of this magnitude to all of the county officials who have pursued this final outcome. It shows that hard work, dedication, tenacity and the right message can make a difference.

Reprinted with permission from CountyNews, National Association of

Counties, Washington, D.C.

NACo Scores Huge Success With Full PILT Funding

By Larry Naake NACo Executive

Director

For more than 50 years, the National Association of Counties has championed the fight

for Payment in Lieu of Taxes (PILT). From the signing of the act on Oct. 20, 1976, through the significant PILT modifications passed in 1994, to the victory of full funding witnessed this October, NACo and its dedicated members have worked tirelessly on the pursuit of equitable payments to counties. After 32 years of dedicated advocacy to Capitol Hill, counties will finally receive full funding for PILT— $367 million. It was NACo’s persistence over 30 years ago that led to the creation of the PILT Act. Historically, the PILT program was subject to an annual appropriations process, typically leaving the program grossly underfunded. Year after year, NACo has worked to increase the annual appropriations. While our work was rewarded with significant increases along the way, full funding always seemed just out of our reach. Achieving full funding for the PILT program this year is a tremendous victory for NACo and the dedicated grassroots efforts of our members. PILT is a classic example of why we need to restore the partnership. A federal/county relationship was forged with the creation of the PILT act. Fully funding PILT at the authorized level after many years of neglect shows that Congress is beginning to understand this historic relationship, and for once is putting its money where its mouth is. Coupled with the reauthorization of the Secure Rural Schools program (and other legislative accomplishments this year), this achievement shows that NACo’s approach to legislative advocacy bears fruit. This legislation is by far the most significant legislative victory for NACo in over a decade, and all of our members should take pride in their tenacity. To our congressional champions on both sides of the aisle, NACo commends you for your creativity and thanks you for all of your hard work. As the chief advocate for our nation’s counties in Washington,

D.C., I am proud to lead the experienced NACo legislative staff as we pursue our members’ legislative agenda. We look forward to working with the 111th Congress on a range of issues facing county government in 2009. I cannot overstate the importance of a legislative victory



By Rob Schultz Hall County Weed Superintendent Billings, Montana was the location of the 16th Annual North America Weed Control A s s o c i a t i o n ( N A W M A ) conference on Sept 15-18, 2008. With three days of meetings, three possible tours t o a t t end and seve r a l committee meetings, it was a great learning opportunity for attendees from 14 states, 3 Canadian Provinces and a new member from the United Kingdom. Jim Larson from Stillwater County, MT coordinated the conference and challenged everyone to think about “where we’ve been, where we are, and the future of weed control and weed issues”. Many State and Federal Agencies were involved in the “Government Day” tour, and each was asked to comment later regarding noxious and invasive weed issues that all face such as reduced budgets, reduced pe rsonne l , and reduced resources. Solving the problem of getting more done with less, and getting the message out to the public is a challenge for all state weed programs, and NAWMA is one of the leaders. During the conference, attendees were updated on the steps Montana has taken over the last few years to reduce the number of acres of noxious and invasive species. We heard about the Montana Weed Awareness Campaign that has been used for over 10 years and has had tremendous success. We also heard on Montana’s fire and weed issues, invasive species management in the Greater Yellowstone Area, and the cooperation that Montana has had with their Cooperative Weed Management Areas. The Montana Noxious Weed Trust Fund has been going for a number of years and is currently at $9.9 million, and is used for weed awareness and grant projects across the

Nebraska Weed Control Professionals Attend NAWMA Conference

state. From a small group of guys setting around a table, deciding t h a t a “ g r a s s r o o t s ” organization should be formed to improve the professionalism of weed control folks, and share information with other weed groups, to this successful 4-day gathering tells us that NAWMA has truly succeeded in its original mission. Rob

Schultz of Hal l County completed his second 2-year term on the board of directors, and Kristi Paul of Sheridan County is currently on the NAWMA board. Anyone interested in learning more a b o u t t h e N A W M A organization, or becoming a m e m b e r c a n v i s i t www.nawma.org for more information.

PICTURED HERE - (From left to right: Doug Ellis-Dixon County Weed Board Member, Mike Reed-Douglas County Weed Supt., Bruce Rumsey-Clay County Weed Supt., Rob Schultz-Hall County Weed Supt., Mitch Huxoll-Lincoln County Weed Supt., Doug Smith-Dixon County Weed Supt., Kristi Paul-Sheridan County Weed Supt.

http://www.nawma.org/

November, 2008 Page 20

a governing body from discussing and voting upon a resolution supporting or opposing a ballot question or a public corporation organized under Chapter 70 from otherwise supporting or opposing a ballot question concerning the sale or purchase of its assets. (5) This section does not prohibit a public official from responding to specific inquiries by the press or the public as to his or her opinion regarding a ballot question or from providing information in response to a request for information. (6) This section does not prohibit a member of the Legislature from making use of public resources in expressing his or her opinion regarding a candidate or a ballot question or from communicating that opinion. A member is not authorized by this section to utilize mass mailings or other mass communications at public expense for the purpose of campaigning for or against the nomination or election of a candidate. A member is not authorized by this section to utilize mass mailings at public expense for the purpose of qualifying, supporting, or opposing a ballot question. (7) Nothing in this section prohibits a public official

from campaigning for or against the qualification, passage, or defeat of a ballot question or the nomination or election of a candidate when no public resources are used. (8) Nothing in this section prohibits a public employee from campaigning for or against the qualification, passage, or defeat of a ballot question or the nomination or election of a candidate when no public resources are used. Except as otherwise provided in this section, a public employee shall not engage in campaign activity for or against the qualification, passage, or defeat of a ballot question or the nomination or election of a candidate while on government work time or when otherwise engaged in his or her official duties. (9) This section does not prohibit an employee of the Legislature from using public resources consistent with this section for the purpose of researching or campaigning for or against the qualification, passage, or defeat of a ballot question if the employee is under the direction and supervision of a member of the Legislature. Source: Laws 2001, LB 242, § 20; Laws 2005, LB 242, § 45.

Incidental Use Of Public Resources Challenged (Continued from page 16)

Legal Line:

November Contest The winner of the September Contest was Martha Detlefsen, Stanton County Clerk. Martha will receive a journal book with pen, and a pocket calculator for her entry. Requests for solutions to the September contest can be e-mailed to [email protected]. For the November contest, try your hand at the brain teasers below. Complete the puzzles and mail your responses to NACO, 625 South 14th Street, Suite 200, Lincoln, NE 68508 no later than December 19, 2008 to be eligible. Be sure to mark “Contest Entry” on the envelope.

The square at right represents a circle of children playing a game of pass the parcel. However this game is a little different. Starting with C, the parcel is passed to the person's right (anti-clockwise), if a child is given the parcel then they drop out of the circle and drop the parcel. The next child picks up the parcel, without dropping out, and passes to their right and the game continues until there is only one child left. Where should the birthday girl sit to ensure that she is the last child left and therefore gets to open the parcel?

1. 2. 3.

1D 6D 2R 3R 3L 5D 1L

1R E 1U 3R 1R 3L 2D

2U 1D 2L 2U 1L 2D 1L

2D 2R 1D 3L 2U 3L 1D

1R 1D 2R 2D 1L 2D 1D

3R 1R 3U 4U 2U 1L 1D

2U 1R 2L 1R 4U 3U 4U

Wonder Bank’s safe has a rather unusual control panel. It is pictured at right. In order to open the safe you have to press every single button once only, in the correct sequence, ending on the button marked E. Each button clearly states which button to press next, for example, 2U means move up 2 buttons and 3R means move right 3 buttons. Can you determine which button you must start with?

Place the digits from 1 to 9 into the circles at right so that the sum of the numbers in each straight line is the same.



November Legal Calendar

1

Sheriff, Clerk of the District Court, Clerk, County Board

Sheriff or such person in charge of the administration of the jail must file jail report with the clerk of the district court and the county clerk, for the use of the county board. 47-107.

1 Treasurer, Sheriff The treasurer must issue and deliver to the sheriff distress warrants for persons having delinquent personal tax or real estate tax on a mobile home, cabin trailer, manufactured home, or similar property assessed and taxed as improvements to leased land for that year. 77-1718

1 Treasurer On or before this date annually, and at such other times as the county board may direct, the treasurer must file with the county clerk a statement in writing, setting forth in detail the name of each person charged with personal property tax which the county treasurer and his or her deputies have been unable to collect by reason of the removal or insolvency of the person charged with such tax, the value of the property and the amount of tax, the cause of inability to collect such tax in each separate case, in a column provided in the list for that purpose. 77-1742

1 Assessor The State Tax Commissioner must certify his determination of a homestead exemption applicant's eligibility to the county assessor. 77-3517

First Monday Treasurer Semi-annual statement showing amount collected on account of state, county and district school tax and all other sources from which school funds are derived must be filed with State Treasurer and Tax Commissioner. Settlement of general school funds must also be made. 79-1034

5 Treasurer If the school district secretary fails to submit the annual fall membership report or a school district fails to file an audit report with the Commissioner of Education by the statutory deadline, certain school aid will be withheld by the Commissioner and county treasurer. 79-528(4), 79-1089

5 Clerk Report to the Department of Health and Human Services a statement of all marriages recorded during the preceding month. 71-614

5 Clerk Remit fees to the State Treasurer for credit to the General Fund for certificates of title, notation of liens, duplicates for boats and motor vehicles. 37-1287, 60-161

5 County Board of Equalization

On or before this date, the county board of equalization upon its own motion may act to correct a clerical error which has resulted in the calculation of an incorrect levy by any entity otherwise authorized to certify a tax request under section 77-1601.02. 77-1601

10 County Officials Any local system may file with the Tax Commissioner a written request for a

nonappealable correction of the adjusted valuation due to clerical error or for agricultural land, assessed value changes by reason of a land qualified or disqualified for special use valuation. 79-1016(5)

15 Clerk of the District Court

Make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year. Account for and pay any fees, revenue, perquisites, or receipts not later than the fifteenth day of the month following the calendar month in which such fees, revenue, perquisites, or receipts were received. 33-106.02

15 Clerk/Register of Deeds, Treasurer Each county clerk or register of deeds shall, not later than the fifteenth day of

the month following the calendar month in which fees are received, pay over to the county treasurer all fees received and take the receipt of the county treasurer. 33-130

20 Assessor After the levy of taxes and prior to this date, the assessor is required to transcribe the assessments into a suitable book. 77-1613

22 Assessor, Treasurer, Clerk

Deliver tax list of real and personal property to the county treasurer. At the same time the county assessor or county clerk shall transmit a warrant, which warrant shall be signed by the county assessor or county clerk and shall in general terms command the treasurer to collect taxes therein mentioned according to law. 77-1616

25 Treasurer By this date each month, the treasurer must transmit all motor vehicle taxes, motor vehicle fees, and registration fees collected to the state. 60-3,141(3)

30 Treasurer Last date to certify to the State Tax Commissioner the total tax revenues that will be lost to all taxing agents within the county because of homestead exemptions. 77-3523

During Month County Board, Fair Board Each appointed county fair board must submit to the county board an itemized

estimate of the amount of money necessary for the support and management of the fair for the upcoming year. 2-229(1)


Continued on page 25

December Legal Calendar 1 Attorney Each county with a juvenile pretrial diversion program, must report the information

pertaining to the program required by rules and regulations adopted and promulgated by the Nebraska Commission on Law Enforcement and Criminal Justice to the commission. 43-260.07





15 Clerk/Register of Deeds, Treasurer

Each county clerk or register of deeds shall, not later than the fifteenth day of the month following the calendar month in which fees are received, pay over to the county treasurer all fees received and take the receipt of the county treasurer. 33-130

15 Clerk, Treasurer The county clerk shall certify to the treasurer the total amount of unpaid claims of the county. 23-1302


31 Board Chair The chairperson of a county board with a separate retirement plan established pursuant to section 23-1118 and section 401(a) of the Internal Revenue Code must file an annual report on such plan with the Public Employees Retirement Board and submit copies of such report to the members of the Nebraska Retirement Systems Committee of the Legislature. 23-1118(5)(a)

31 Assessor, Treasurer

All property taxes levied for any county, city, village or other political subdivision therein become due and payable and become a first lien on the real or personal property taxed until paid or extinguished. 77-203

31 Assessor If a county or municipality does not require building permits under its zoning laws, information statements for improvements to real property shall be filed on or before this date. 77-1318.01

31 Assessor, Board Organizations seeking tax exemptions for any real or tangible personal property must apply for exemption to the assessor on or before December 31 of the year preceding the year for which the exemption is sought. 77-202.01, 77-202.03, 77-202.09

31 Assessor, Board Any owner may petition the Tax Equalization and Review Commission to determine the taxable status of real property to determine if a failure to give proper notice prevented timely filing of a protest or appeal provided for in 77-202 to 77-202.25. 77-202.04

31 Counties over 200,000 population

Fiscal year ends unless majority of county board approves change to July 1-June 30 fiscal year. 23-920

31 Register of Deeds Sanitary and improvement district must file with register of deeds or, if none, the county clerk, an annual statement showing the names of current board members, attorney, accountant and fiscal agent of the district, warrant and indebtedness, and current bond tax levy and the current operating levy. 31-727.03

January Legal Calendar 1 Assessor Real and tangible personal property subject to taxation shall be assessed as of 12:01 a.m.

on this date. 77-1201, 77-1211, 77-1301 1 Assessor Railroads must report locally assessed property to the assessor. Public service entities

operating within the state must report to the county assessor of each county in which it has situs all nonoperating property belonging to such entity which is not subject to assessment and assessed by the Property Tax Administrator. 77-606, 77-801

1 Assessor Applications requesting separate listing of severed mineral interest and surface estate must be filed with the county assessor by this date. 57-237

1 Clerk By this date county, agricultural extension societies must file a report of their work and expenditures for the preceding year and a budget estimate for the ensuing year. 2-1606, 2-1607

1 Treasurer All bonds given to secure deposits of public money expire on this date each year. 77-2327


January Legal Calendar

(Continued From Page 24)

1 Treasurer Irrigation district assessments are due on January 1 next following the date of assessment thereof and may become a lien on the property. Irrigation district bond interest semiannual payments are due. 46-140, 46-196

1 Treasurer Camper permit renewals become due on this date and delinquent on March 1. 60-1805

1 Counties over 200,000 population

Fiscal year begins unless a majority of the county board approves a change to a fiscal year beginning on July 1. 23-920

1 County Board, Weed Control Superintendent

By this date, organizations sponsoring continuing education for weed control superintendent’s continuing education must notify county board of the education hours completed by its weed control superintendent during the year. 2-954.02



First Tues. Sheriff, County Board

Make a report to the County Board describing fees, fee totals and activity since last quarterly report. 33-117(3)

First Tues. Clerk of Dist. Ct., Treasurer, Board

Quarterly remittance to state treasurer of money other than witness fees, fines, penalties, forfeitures and license money in the possession of the clerk of the district court which remains after 3 years. 24-345 Witness fees which remain for 6 months are reported to the county board, and after an additional 6 months are paid over to the county treasurer for credit to the common school fund. 33-140, 33-140.02

10-30 Clerk The county clerk must cause to be published in a legal newspaper in or of general circulation in such city, village, or county one time between these dates of each year, individual notice of the right of automatic renewal of each retail liquor and beer license, except that notice of the right of automatic renewal of Class C licenses must be published in July. 53-135.01

15 Assessor, Treasurer

Owner, lessee or manager of land upon which is parked a mobile home must report to the county assessor, the year, make, model, and size of each mobile home, the owner or occupant's name and address, and the date the mobile home was first parked or located on such land. 77-3706 Annual permits must be renewed during January. 77-3707



15 Clerk/Register of Deeds, Treasurer

Each county clerk or register of deeds shall, not later than the fifteenth day of the month following the calendar month in which fees are received, pay over to the county treasurer all fees received and take the receipt of the county treasurer. 33-130

Not more than 6 nor less than 4 weeks before the first Monday in March

Treasurer Prepare for publication a list of all real property subject to sale and amount of all delinquent taxes against each. An accompanying notice must state that the described property will be sold by the county at public sale for the purpose of collecting delinquent taxes, interest and costs. 77-1802


31 Assessor The State and political subdivisions must provide assessors with copies of leases or descriptions of property which is leased by this date. 77-202.11

31 General Furnish Form 1099 statements to recipients. Furnish copies of W-2 forms to employees.

During month Board Commissioners elect a chairperson to serve for the ensuing year. 23-156 During month Board Supervisors must meet, organize and choose a chairperson. 23-272, 23-274 During month Treasurer Publish the receipts and disbursements of the treasurer's office for the last preceding

six months ending Dec. 31. 23-1605 During month Board County board shall make quarterly visit to county jail of its county once during each of

its sessions. 47-109 Last Business Day

Treasurer State reimbursement of tax revenue lost due to homestead exemptions is issued on the last business day of the month for six months beginning in January. 77-3523

Within 30 days after First Tues.

Treasurer, Clerk, County Board

Make settlement with county board and file statement with county clerk showing the amount and source of money collected since last settlement, vouchers, amount of taxes due and unpaid, and money on hand. 77-1745.


Calendar Of Events Dec. 10-12, 2008 NACO’s 114th Annual Conference Lincoln, Cornhusker Marriott Hotel

Febr. 11-13, 2009 County Board Workshop Kearney, Holiday Inn

Febr. 16-18, 2009 NWCA Annual Conference North Platte, Sandhills Convention Center

March 20, 2009 Northeast District Meeting Norfolk, Lifelong Learning Center

April 16, 2009 Counties’ Legislative Day Lincoln, State Capitol

May 14, 2009 County Board of Equalization Workshop Kearney, Holiday Inn

June 10-12, 2009 Clerks, Election Commissioners, Register of Deeds Workshop

North Platte, Sandhills Convention Center

June 16-18, 2009 Treasurers Workshop Lexington, Holiday Inn Express

September 18, 2009 Northeast District Meeting Norfolk, Lifelong Learning Center

Febr. 19-20, 2009 Nebraska Weed Conference North Platte, Sandhills Convention

September 7, 2009 Register of Deeds Workshop Kearney, Holiday Inn

September 8, 2009 NACO Legislative Conference Kearney, Holiday Inn

December 9-11, 2009 NACO’s 115th Annual Conference Lincoln, Cornhusker Marriott Hotel

July 24-29, 2009 National Association of Counties Annual Conference

Nashville, Tennessee

April 17-19, 2009 NAEM Annual Conference Grand Island, Midtown Holiday Inn

Professional Directory

HAPPY

HOLIDAYS FROM

NACO EXECUTIVE DIRECTOR

AND STAFF!

Best

Wish

es

Documents

Nebraska Association of County Officials CountyLinenaco.mipsweb.info/pdfs/publications/countyline/2008_november.pdf · National Association of Counties. In my mind the nominal national