Chapter 23, COUNTY GOVERNMENT AND OFFICERS
815 sections in this chapter.
Neb. Rev. Stat. § 23-1528 Printed form; noncompliance; effect.
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Any printed form accepted for recordation that does not comply with sections 23-1503 to 23-1527 shall not affect the validity of or the notice otherwise given by the recording.
Neb. Rev. Stat. § 23-153 County board; joint sessions; mileage reimbursement.
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(1) The county boards of two or more counties may meet and hold joint sessions for the transaction of joint county business, including, but not limited to, consolidation agreements pursuant to sections 22-401 to 22-416 and 22-418. (2) When traveling to and from any county board m…
Neb. Rev. Stat. § 23-154 County board; special sessions; notice.
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The county clerk shall have the power to call special sessions when the interests of the county demand it, upon giving five days' notice of the time and object of calling the commissioners together, by posting up notices in three public places in the county, or by publication in …
Neb. Rev. Stat. § 23-155 County board; transaction of business; majority required.
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When two only of the commissioners of the board shall attend, and shall be divided on any question, the decision thereof shall be deferred until the next meeting of the board, and then the matter shall be decided by a majority of the board.
Neb. Rev. Stat. § 23-156 County board; chairman; term; duties.
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The board of county commissioners at its regular meeting in January of each year shall elect a chairman of the board to serve for the ensuing year, and such chairman shall sign all warrants on the treasurer for money to be paid out of the county treasury.
Neb. Rev. Stat. § 23-160.01 Authority to borrow money; conditions.
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The county board of each county in this state may borrow money in an amount sufficient to pay all valid, legally existing warrants of the county hereafter drawn on any county fund, which is legally entitled to participate in the annual allocation of revenue, but subject to the fo…
Neb. Rev. Stat. § 23-160.02 Authority to use idle funds.
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The county board of any county having more than two hundred thousand population may use money available in any fund of the county, if not presently or in the immediate future needed for the use of such fund, with which to take up, as an investment, legal valid warrants drawn upon…
Neb. Rev. Stat. § 23-1601 County treasurer; general duties; continuing education; requirements.
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(1) It is the duty of the county treasurer to receive all money belonging to the county, from whatsoever source derived and by any method of payment provided by section 77-1702, and all other money which is by law directed to be paid to him or her. All money received by the count…
Neb. Rev. Stat. § 23-1601.01 Residency requirement.
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A county treasurer elected after November 1986 need not be a resident of the county when he or she files for election as county treasurer, but a county treasurer shall reside in a county for which he or she holds office.
Neb. Rev. Stat. § 23-1601.02 County treasurer; deputy; appointment; oath; duties.
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The county treasurer may appoint a deputy for whose acts he or she will be responsible. The treasurer may not appoint the county clerk, sheriff, register of deeds, or surveyor as deputy. The appointment shall be in writing and revocable in writing by the treasurer. Both the appoi…
Neb. Rev. Stat. § 23-1602 Warrants; nonpayment for want of funds; endorsement; interest.
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All warrants issued by the county board shall, upon being presented for payment, if there are not sufficient funds in the treasury to pay the same, be endorsed by the county treasurer not paid for want of funds, and the county treasurer shall also endorse thereon the date of such…
Neb. Rev. Stat. § 23-1603 Violations; penalty.
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If any county treasurer neglects or refuses to render any account or settlement required by law, fails or neglects to account for any balance due the state, county, township, school district, or any other municipal subdivision, or is guilty of any other misconduct in office, the …
Neb. Rev. Stat. § 23-1605 Semiannual statement; publication.
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(1)(a) During the months of January and July of each year, the county treasurer shall cause a tabulated statement of the affairs of the county treasurer's office to be published in a legal newspaper published in the county. In counties having more than two hundred fifty thousand …
Neb. Rev. Stat. § 23-1608 County officers; audit required; cost; audit report; irregularities; how treated.
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(1) Each county board shall cause an examination and a complete and comprehensive annual audit to be made of the books, accounts, records, and affairs of all county officers in the county. The audits shall be conducted annually, except that the Auditor of Public Accounts may dete…
Neb. Rev. Stat. § 23-1609 Audit; requirements.
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Such examination and audit shall be conducted in conformity with generally accepted auditing standards applied on a consistent basis and shall develop the county's financial condition, the condition of each county fund, and the disposition of all money collected or received. Such…
Neb. Rev. Stat. § 23-1611 County officers; uniform system of accounting; duty of Auditor of Public Accounts; individual ledger sheets; approval.
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The Auditor of Public Accounts shall establish a uniform system of accounting for all county officers. The system, when established, shall be installed and used by all county officers, except that any county with a population of one hundred thousand or more inhabitants may use an…
Neb. Rev. Stat. § 23-1612 County offices; audit; refusal to exhibit records; penalty.
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Every county officer, and the deputy and assistants of every county officer shall, on demand, exhibit to any examiner all books, papers, records, and accounts pertaining to the office and shall truthfully answer all questions asked by such examiner touching the affairs of the off…
Neb. Rev. Stat. § 23-1616 Cashier's bonds; amount.
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In all counties in the State of Nebraska having a population of two hundred thousand or more, where clerks are employed as cashiers and as such handle public funds, said clerks shall give bond in like manner as provided for county treasurers and deputy county treasurers in said c…
Neb. Rev. Stat. § 23-164 Adjacent territory; regulation; hearings; notice by publication; written notice to chairperson of planning commission.
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The county board shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, enforced, and, from time to time, amended, supplemented, or changed. No such regulation, restriction, or boundary shall …
Neb. Rev. Stat. § 23-165 Adjacent territory; regulation; amendments; objections; hearings.
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Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty percent or more either of the area of the lots included in such propos…
Neb. Rev. Stat. § 23-168.01 Board of adjustment; members; appointment; qualifications; term; vacancy; rules and regulations; records; open to public.
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(1) The county board shall appoint a board of adjustment which shall consist of five members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term …
Neb. Rev. Stat. § 23-168.02 Board of adjustment; decision; appeal.
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(1) An appeal to the board of adjustment may be taken by any person or persons aggrieved, or by any officer, department, board, or bureau of the county affected by any decision of an administrative officer or planning commission. Such appeal shall be taken within a reasonable tim…
Neb. Rev. Stat. § 23-168.03 Board of adjustment; powers; variance; when permitted; power to reverse or modify action.
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(1) The board of adjustment shall, subject to such appropriate conditions and safeguards as may be established by the county board, have only the following powers: (a) To hear and decide appeals when it is alleged by the appellant that there is an error in any order, requirement,…
Neb. Rev. Stat. § 23-168.04 Board of adjustment; decision; appeal; procedure.
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Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, or bureau of the county, may present to the district court for the county a petition, duly verified, setting forth that such decision is illegal, …
Neb. Rev. Stat. § 23-170 Adjacent territory; regulation; statutes and ordinances; highest standard required by either to govern.
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Whenever the regulations made under authority of sections 23-164 to 23-174 require a greater width or size of yard, courts or other open spaces, or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impos…
Neb. Rev. Stat. § 23-1701 Sheriff; general duties; residency; exceptions.
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(1) It is the duty of the sheriff to serve or otherwise execute, according to law, and return writs or other legal process issued by lawful authority and directed or committed to the sheriff and to perform such other duties as may be required by law. The county sheriff shall prep…
Neb. Rev. Stat. § 23-1701.01 Candidate for sheriff; appointee; requirements; sheriff; attend Sheriff's Certification Course; exception; continuing education; violation; penalty.
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(1) Any candidate for the office of sheriff and any sheriff appointed under subsection (4) of section 23-1701 shall possess a law enforcement officer certificate or diploma issued by the Nebraska Commission on Law Enforcement and Criminal Justice. A standardized letter issued by …
Neb. Rev. Stat. § 23-1701.02 Arrests; keeping the peace; duties.
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It shall be the duty of every sheriff to apprehend, on view or warrant, and bring to the court all felons and disturbers and violators of the criminal laws of this state, to suppress all riots, affrays, and unlawful assemblies which may come to his or her knowledge, and generally…
Neb. Rev. Stat. § 23-1701.03 Sheriff; general powers and duties.
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The sheriff shall exercise the powers and perform the duties conferred and imposed upon him or her by other statutes and by the common law.
Neb. Rev. Stat. § 23-1701.04 Process; duty of sheriff to execute.
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It shall be the duty of the sheriffs of the several counties to execute or serve all writs and process issued by any county court and to them directed and to return the same. For any neglect or refusal so to do, they may be proceeded against in the county court in the same manner…
Neb. Rev. Stat. § 23-1701.05 Writs and orders; endorsement.
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The sheriff shall endorse upon every summons, order of arrest, order for the delivery of property, order of attachment, or injunction the day and the hour it was received by him or her.
Neb. Rev. Stat. § 23-1701.06 Failure or neglect to execute process; amercement; civil liability.
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The sheriff shall execute every summons, order, or other process and return the same as required by law. If the sheriff fails to do so, unless he or she makes it appear to the satisfaction of the court that he or she was prevented by inevitable accident from so doing, he or she s…
Neb. Rev. Stat. § 23-1702 Violations; penalty.
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The disobedience by the sheriff of the command of any such process is a contempt of the court from which it was issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.
Neb. Rev. Stat. § 23-1703 Jailer; duty of sheriff; certain counties.
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Except in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, and is required to receive those lawfully comm…
Neb. Rev. Stat. § 23-1704 Assistants; power to summon.
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The sheriff and his deputies are conservators of the peace, and to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law, they may call any person to their aid; and, when necessary, the sheriff may summon the power of the county.
Neb. Rev. Stat. § 23-1704.01 Sheriff; deputies; appointment; oath; duties.
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The sheriff may appoint such number of deputies as he or she sees fit for whose acts he or she will be responsible. The sheriff may not appoint the county treasurer, clerk, register of deeds, or surveyor as deputy. The appointment shall be in writing and revocable in writing by t…
Neb. Rev. Stat. § 23-1704.02 Sheriff; appoint employee.
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Except when otherwise provided specifically by law for substitute service by a deputy, a sheriff may appoint an employee of his or her department to serve any summons or writ, by endorsement thereon substantially as follows: "I hereby appoint ........ to serve the within writ;" w…
Neb. Rev. Stat. § 23-1704.03 Sheriff; employee; false return of writ; penalty.
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The employee referred to in section 23-1704.02 shall make return of the time and manner of serving such writ under his or her oath. For making a false return he or she shall be guilty of perjury and shall be punished accordingly.
Neb. Rev. Stat. § 23-1704.04 Sheriff; deputies; compensation.
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The county board shall furnish the sheriff with such deputies as it shall deem necessary and fix the compensation of such deputies who shall be paid by warrant drawn on the general fund.
Neb. Rev. Stat. § 23-1705 Court attendance; when required.
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The sheriff shall attend upon the district court at its session in his or her county, shall be allowed the assistance of two deputies and of such further number as the court may direct, and shall attend the sessions of the county court when required by the judge.
Neb. Rev. Stat. § 23-1706 Court; appearance as counsel prohibited.
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No sheriff or his deputy or constable shall appear in any court as attorney or counselor for any party, nor make any writing or process to commence or to be in any manner used in the same, and such writing or process made by any of them shall be rejected.
Neb. Rev. Stat. § 23-1707 Sheriff's sales; purchases prohibited.
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No sheriff or his deputy or constable shall become the purchaser, either directly or indirectly, of any property by him exposed to sale under any process of law or equity; and every such purchase is absolutely void.
Neb. Rev. Stat. § 23-1708 Vacancy; legal process; deputy; duty.
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In case of a vacancy occurring in the office of sheriff from any cause the deputy or deputies shall be under obligation to execute legal process until the vacancy is filled.
Neb. Rev. Stat. § 23-1709 Term of office; expiration; transfers to successor.
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When a sheriff goes out of office he or she shall deliver to his or her successor all books and papers pertaining to the office, all property attached or levied upon, and all prisoners in jail and shall take a receipt specifying the same. The receipt shall be sufficient indemnity…
Neb. Rev. Stat. § 23-1710 Crimes; prevention; arrest; powers and duties.
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It shall be the duty of the sheriff by himself or deputy to preserve the peace in his county, to ferret out crime, to apprehend and arrest all criminals, and insofar as it is within his power, to secure evidence of all crimes committed in his county, and present the same to the c…
Neb. Rev. Stat. § 23-1711 Special investigations; when authorized; report; expenses.
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The sheriff shall, whenever directed so to do in writing by the county attorney, make special investigation of any alleged infraction of the law within his county, and report with reference thereto within a reasonable time to such county attorney. When such investigation is made …
Neb. Rev. Stat. § 23-1713 Sheriff; party to judicial proceedings; duties; county clerk shall perform.
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Every county clerk shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavits shall be made and filed as provided in section 23-1714; and in all such cases he shall exercise the…
Neb. Rev. Stat. § 23-1714 Sheriff; disqualification; duties; county clerk shall perform.
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Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit com…
Neb. Rev. Stat. § 23-1715 Sheriff; specialized equipment; damages to privately owned motor vehicle, reimbursement.
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The county board shall purchase a base radio station and shortwave radio equipment for installation on a motor vehicle owned by the sheriff. The county board may purchase shortwave radio equipment for installation on motor vehicles owned by the sheriff's deputies and also may pur…
Neb. Rev. Stat. § 23-1717 Sheriff; deputy; uniform; badge, display; exceptions.
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(1) Except as otherwise provided in subsections (2) and (3) of this section, county sheriffs and their deputies, when on duty, shall: (a) Be dressed in a distinctive uniform that is approved by the sheriff and that meets the requirements of section 23-1719; and (b) Display a badg…