2006 Nebraska Revised Statutes - § 17-612 — Elective officers, salary; increase during term of office prohibited; exception.

Section 17-612
Elective officers, salary; increase during term of office prohibited; exception.

The emoluments of any elective officer shall not be increased or diminished during the term for which he shall have been elected, except when there has been a combination and merger of offices as provided by sections 17-108.02 and 17-209.02, except that when there are officers elected to the council, or a board or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such council, board or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he was elected if during the same time the emoluments thereof were increased.

Source:

Laws 1879, § 75, p. 220

R.S.1913, § 5152

C.S.1922, § 4327

C.S.1929, § 17-518

R.S.1943, § 17-612

Laws 1945, c. 25, § 3, p. 136

Laws 1969, c. 89, § 3, p. 452

Laws 1972, LB 942, § 1

Annotations:

City attorney who resigns cannot be rehired by council to perform same duties under the designation of "special counsel" at an increase in pay. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).

When, at time of election of city officers, no ordinance had fixed their salaries, this section does not prevent the city council and mayor from fixing such salaries thereafter by ordinance. Wheelock v. McDowell, 20 Neb. 160, 29 N.W. 291 (1886); State ex rel. Wagner v. McDowell, 19 Neb. 442, 27 N.W. 433 (1886).

~Reissue Revised Statutes of Nebraska