2006 Nebraska Revised Statutes - § 17-107 — Mayor; qualifications; election; officers; appointment; removal; police officers; appointment; removal; procedure.

Section 17-107
Mayor; qualifications; election; officers; appointment; removal; police officers; appointment; removal; procedure.

(1) A mayor of a city of the second class shall be elected in the manner provided in the Election Act. The mayor shall be a resident and registered voter of the city. If the president of the council assumes the office of mayor for the unexpired term, there shall be a vacancy on the council which vacancy shall be filled as provided in section 32-568. The mayor, with the consent of the council, may appoint such officers as shall be required by ordinance or otherwise required by law. Such officers may be removed from office by the mayor. The mayor, by and with the consent of the council, shall appoint such a number of regular police officers as may be necessary. All police officers appointed by the mayor and council shall be removable at any time by the mayor. A police officer, including the chief of police, may appeal such removal or other disciplinary action to the city council. After a hearing, the city council may uphold, reverse, or modify the removal or disciplinary action.

(2) The city council shall by ordinance adopt rules and regulations governing the removal or discipline of any police officer, including the chief of police. The ordinance shall include a procedure for making application for an appeal, specifications on the period of time within which such application shall be made, and provisions on the manner in which the appeals hearing shall be conducted. Both the police officer and the individual imposing the disciplinary action shall have the right at the hearing to be heard and to present evidence to the city council for its consideration. Not later than thirty days following the adjournment of the meeting at which the hearing was held, the city council shall vote to uphold, reverse, or modify the removal or disciplinary action. The failure of the city council to act within thirty days or the failure of a majority of the elected council members to vote to reverse or modify the removal or disciplinary action shall be construed as a vote to uphold the removal or disciplinary action. The decision of the city council shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged removal or disciplinary 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 an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.

Source:

Laws 1879, § 6, p. 194

Laws 1881, c. 23, § 1, p. 168

R.S.1913, § 4999

Laws 1921, c. 155, § 1, p. 637

C.S.1922, § 4168

Laws 1923, c. 67, § 3, p. 203

Laws 1925, c. 36, § 1, p. 143

C.S.1929, § 17-107

R.S.1943, § 17-107

Laws 1955, c. 38, § 1, p. 151

Laws 1969, c. 257, § 7, p. 935

Laws 1972, LB 1032, § 104

Laws 1973, LB 559, § 2

Laws 1974, LB 1025, § 1

Laws 1976, LB 441, § 1

Laws 1976, LB 782, § 13

Laws 1994, LB 76, § 491

Laws 1995, LB 346, § 1

Cross References:

Election Act,see section 32-101.

Annotations:

Mayor with consent of council appoints the city attorney and the council fixes his fees within statutory limits. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).

Power to employ counsel, implied as it is herein, is not wholly taken away by statutory provisions and, when regular salaried attorney is ill, absent, or disqualified and the defense of city is necessary, a special council may be employed and paid. Meeske v. Baumann, 122 Neb. 786, 241 N.W. 550 (1932), 83 A.L.R. 131 (1932).

Office of chief of police and office of overseer of streets are separate, although both may be held by the same person. Mead v. State ex rel. Sperling, 73 Neb. 754, 103 N.W. 433 (1905).

~Reissue Revised Statutes of Nebraska