Article 5 - Appointed Officials
Article 5 – Appointed Officials
SECTION 1-501: GENERAL AUTHORITY
SECTION 1-502: MERGER OF OFFICES
section 1-503: CITY SUPERINTENDENT
section 1-504: CLERK-TREASURER POSITION CREATED
SECTION 1-508: law enforceMENT; CONTRACT WITH COUNTY SHERIFF
SECTION 1-509: CITY ENGINEER; street superintendent
SECTION 1-510: water commissioner
SECTION 1-511: SEWER COMMISSIONER
SECTION 1-512: ENFORCEMENT OFFICER
SECTION 1-513: NUISANCE OFFICER
SECTION 1-514: STUDENT REPReSENTATIVE TO City Council
Section 1-501: gENERAl auTHORITY
A. The mayor, with the consent of the City 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. All officers appointed by the mayor and confirmed by the council, except regular police officers, shall hold office until the end of the mayor's term of office and until their successors are appointed and qualified, unless sooner removed.
B. The mayor, by and with the consent of the City Council, shall appoint such a number of regular police officers as may be necessary. All police officers appointed by the mayor and council may be removed, demoted, or suspended at any time by the mayor as provided in Neb. Rev. Stat. §17-107. A police officer, including the chief of police, may appeal to the council such removal, demotion, or suspension with or without pay. After a hearing, the council may uphold, reverse, or modify the action.
C. The city may enact ordinances or bylaws to regulate and prescribe the powers, duties, and compensation of officers not provided for in state law. If the mayor and City Council appoint any of the officials specified within this article or any other officials, they shall have the powers and duties, if any, provided in this article or otherwise provided by city ordinances and state law. (Neb. Rev. Stat. §§17-107, 17-604)
Section 1-502: MERGEr of ofFICES
A. The City Council may, at its discretion, by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.
B. The offices or employments so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged or combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers. (Neb. Rev. Stat. §17-108.02)
section 1-503: CITY SUPERINTENDENT
A. The mayor may appoint an individual by and with the consent of a majority of the City Council to serve as a full-time city superintendent. In the event that a full-time superintendent is appointed, he or she shall be the administrative head of the city government under the direction and control of the mayor and City Council and shall be responsible to them for the efficient conduct of his or her office. The office of city superintendent shall not be held by the mayor.
B. The duties of the city superintendent shall be all those duties assigned by this code, together with the following duties:
1. Make and keep up to date an inventory of all property, real and personal, owned by the city.
2. Act as purchasing agent for the purchase of all supplies, goods, wares and merchandise, equipment, and material which may be required for the various departments, divisions, or services of the city.
3. Keep the mayor and council fully advised as to the financial condition and needs of the city and be responsible for the preparation of the annual estimate of expenditures for presentation to the mayor and council prior to the passage of the annual appropriation ordinance.
4. Serve as a public relations officer of city government, and in such capacity to endeavor to investigate and adjust all complaints filed against any employee, department, division, or service thereof and cooperate with all community organizations whose aim and purpose is to advance the best interests of the city and its people and to attend meetings of such organizations if in the judgment of the superintendent such attendance is necessary and desirable.
5. Attend all meetings of the council with the duty of reporting any matter concerning city affairs under his or her supervision or direction and to attend such other meetings of the city departments and officials as duties may require.
6. Analyze the functions, duties, and activities of the various departments, divisions, and services of the city government and of all employees thereof and to make recommendations regarding the same to the mayor and council.
7. Carry out the mayor’s and/or council's recommendations and operations of the various departments.
8. Procure facts and submit long range improvements to the mayor and council.
9. Recommend to the mayor and council the appointment and dismissal of all department heads and employees over which he or she exercises jurisdiction. Appointment or dismissal of department heads and employees will be made upon the recommendation of the mayor and confirmation by the council.
10. Have the duty and the right to investigate and make recommendations to the mayor and council regarding duties and activities of any employee of the city covered under the Civil Service Act of the state and recommend to the mayor and council the promotion, demotion, suspension, transfer, or discharge of such employees.
11. Administer and be responsible for all departments and divisions of the city government which are under the mayor's and council's direction, including the Board of Public Works and any public utilities hereafter acquired by the city and including Fire and Police Departments, except insofar as such jurisdiction and administration conflicts with the civil service law pertaining to such Fire and Police Departments. The office of the city physician shall not come under the administration and responsibility of the city superintendent; however, he or she shall be available to assist these offices in any administrative matter that may arise and those officers in turn shall be available to assist the city superintendent in the discharge of his or her duties.
12. Recommend to the mayor and council for adoption such measures and ordinances as are deemed necessary or expedient.
13. Prepare and recommend to the mayor and council a classification and compensation plan.
14. Make investigations into the affairs of the city and any department or division thereof, any contract entered into, or the proper performance of any obligations pertaining to the city.
15. Exercise general supervision over all public buildings, streets, and other public property which are under the control and jurisdiction of the mayor and council.
16. Prepare and submit to the mayor and council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year.
17. Keep the insurable property of the city appropriately insured.
18. Serve in any appointed office or head of department within the city government if the need arises and when appointed thereto by the mayor and council; hold and perform the duties thereof at the pleasure of the mayor.
19. Work a minimum of 40 hours per week.
20. Perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinances or resolutions of the council; and where action of the council is not required, such duties and powers as may be prescribed by the mayor.
21. To act as Deputy Clerk/Treasurer; and in the absence of the City Clerk/Treasurer, due to illness or otherwise, the City Superintendent shall be empowered to perform all the duties of the City Clerk/Treasurer.
C. In the discharge of his or her duties, the city superintendent shall have the right to expend an amount not to exceed the limits set forth in the applicable state law pertaining to cities of the second class when entering into contracts for city work and improvements or purchase of equipment, or any lesser amounts set by the City Council, without advertising for bids and within any dollar limitation as set by the council to make any contract on behalf of the city for general purchases, maintenance, and improvements, the expenditure limitation herein to apply to all departments of the city.
D. The superintendent is not authorized to obligate the city for any expenses for entertainment, travel, or similar items without the prior approval of the mayor and council. In the event of the authorization by the mayor and council to the superintendent to incur such expenses, he or she will be reimbursed by the city from time to time upon submission of an itemized account of such expenditures.
E. The salary of the city superintendent shall be fixed by ordinance. He or she shall be entitled each year to a vacation based upon the number of days granted by the city to its other employees.
F. If the superintendent is unable to perform his or her work by reason of illness or incapacity, the compensation otherwise payable during the continued period of such illness shall be based upon the policy adopted by the city then in effect with reference to city employees. Notwithstanding anything herein to the contrary, the city may terminate such employment at any time after the superintendent shall have been absent from his or her employment for whatever cause for a continuous period of more than three months. The city superintendent may be removed by the mayor and council. (Am. Ord. Nos. 11/25/75; 372, 2/22/94)
section 1-504: CLERK-TREASURER POSITION CREATED
The appointive offices of city clerk and city treasurer are hereby combined and merged in accordance with the authority granted to the City Council by Section 1-502. The offices so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary of the officer holding the merged offices shall not be in excess of the maximum amount provided by law for the salary of the offices so combined.
A. The city clerk shall attend the meetings of the City Council and keep a correct journal of the proceedings of that body. Within 30 days after any council meeting, the clerk shall prepare and publish the official proceedings in a legal newspaper of general circulation in the city and which was duly designated as such by the council. Said publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item.
B. After the period of time specified by the state records administrator pursuant to Neb. Rev. Stat. §§84-1201 to 84-1220, the clerk may transfer the journal of the council proceedings to the state archives of the Nebraska State Historical Society for permanent preservation.
C. The clerk shall issue and sign all licenses, permits, and occupation tax receipts authorized by law and required by the city ordinances, collect all occupation taxes and license money except where some other city officer is specifically charged with that duty, and keep a register of all licenses granted in the city and the purpose for which they were issued.
D. The clerk shall keep an accurate and complete account of the appropriation of the several funds and draw, sign, and attest all warrants ordered for the payment of money on the particular funds from which the same are payable. At the end of each month the clerk shall make a report of the amounts appropriated to the various funds and the amount of the warrants drawn thereon.
E. The clerk shall deliver all warrants, ordinances and resolutions under his or her charge to the mayor for his or her signature. The clerk shall also deliver to officers, employees, and committees all resolutions and communications which are directed to them. With the seal of the city, the clerk shall duly attest the mayor's signature on all ordinances, deeds and papers required to be attested to.
F. Between July 15 and August 15 of each year, the employee job titles and the current annual, monthly, or hourly salaries corresponding to such job titles shall be published. The charge for such publication shall not exceed the rates provided by state statutes. Said publication shall be charged against the general fund. The clerk shall then keep in a book with a proper index copies of all notices required to be published or posted by order of the City Council or under the ordinances of the city. The printer's affidavit of publication shall be attached to each of the file copies of said notices if the said notices are required to be published or the city clerk's certificate under seal where the same are required to be posted only.
G. The clerk shall receive all objections to creation of paving districts and other street improvements. The clerk shall receive the claims of any person against the city. In the event that any of said claims is disallowed in part or in whole, the clerk shall notify such claimant, his or her agent, or attorney by letter within five days after such disallowance and shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.
H. The clerk shall keep all city records, including a record of all licenses issued in a book with a proper index. The clerk shall include as part of the records all petitions under which the City Council shall order public work to be done at the expense of the property fronting thereon, together with references to all resolutions and ordinances relating to the same. The clerk shall endorse the date and hour of filing upon every paper or document so filed in the city office. All such filings shall be properly docketed. Included in the records shall be all standard codes, amendments thereto, and other documents incorporated by reference and arranged in a manner convenient for reference.
I. The clerk shall permit no records, public papers, or other documents of the city kept and preserved in the office to be taken therefrom except by such officers of the city as may be entitled to the use of the same but only upon their leaving a receipt therefor. Nothing herein shall be construed to prevent any citizen, official, or other person from examining any public records during office hours. The city clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution by the City Council and kept on file in the city office. (Neb. Rev. Stat. §§17-605, 19-1102, 84-1201 through 84-1220, 84-712)
A. The treasurer of the city shall be the custodian of all money belonging to the corporation, keeping a separate account of each fund or appropriation and the debts and credits belonging thereto. The treasurer shall give every person paying money into the treasury a receipt therefor, specifying the date of payment and on what account paid. The treasurer shall also file copies of such receipts with his or her monthly reports and shall, at the end of every month and as often as may be required, render an account to the City Council, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury. The treasurer shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid, which warrants, with any and all vouchers held, shall be filed with his or her account in the clerk's office. If the treasurer fails to render an account within 20 days after the end of the month or by a later date established by the City Council, the mayor, with the advice and consent of the council members, may use this failure as cause to remove the treasurer from office.
B. The treasurer shall keep a record of all outstanding bonds against the city, showing the number and amount of each bond, for and to whom the bonds were issued, and the date upon which any bond is purchased, paid, or canceled. The annual statement submitted pursuant to Neb. Rev. Stat. §19-1101 shall be accompanied with a description of the bonds issued and sold in that year and the terms of sale, with every item of expense thereof.
C. The treasurer shall deposit and at all times keep on deposit for safekeeping in banks, capital stock financial institutions, or qualifying mutual financial institutions of approved and responsible standing all money collected, received, or held as city treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the City Council for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank, capital stock financial institution, or qualifying mutual financial institution is also serving as a member of the City Council, as a member of a Board of Public Works, or as any other officer of the city shall not disqualify such bank, capital stock financial institution, or qualifying mutual financial institution from acting as a depository for such municipal funds. Neb. Rev. Stat. §77-2366 shall apply to deposits in capital stock financial institutions. Neb. Rev. Stat. §77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
D. The City Council shall require from all banks, capital stock financial institutions, or qualifying mutual financial institutions (1) a bond in such penal sum as may be the maximum amount on deposit at any time less the amount insured or guaranteed by the Federal Deposit Insurance Corporation or, in lieu thereof, (2) security given as provided in the Public Funds Deposit Security Act to secure the payment of all such deposits and accretions. The council shall approve such bond or giving of security. The city treasurer shall not be liable for any loss of any money sustained by reason of the failure of any such depository so designated and approved.
E. When the treasurer holds funds of the city in excess of the amount required for maintenance or set aside for betterments and improvements, the mayor and City Council may, by resolution, direct and authorize said treasurer to invest said surplus funds in the outstanding bonds or registered warrants of said city, bonds and debentures issued either singly or collectively by any of the 12 federal land banks, the 12 intermediate credit banks, or the 13 banks for cooperatives under the supervision of the Farm Credit Administration, or in interest-bearing bonds or the obligations of the United States. The interest on such bonds or warrants shall be credited to the fund out of which said bonds or warrants were purchased.
F. The mayor and City Council may by resolution direct and authorize the treasurer to dispose of the surplus electric light, water, or gas funds or the funds arising from the sale of electric light, water, or natural gas distribution properties by the payment of outstanding electric light, water, or gas distribution bonds or water warrants then due. The excess, if any, after such payments, may be transferred to the general fund of the city.
G. It shall be the duty of the treasurer to prepare and publish annually within 60 days following the close of the city’s municipal fiscal year a statement of receipts and expenditures of funds for the preceding fiscal year. Not more than the legal rate provided for in Neb. Rev. Stat. §33-141 shall be charged and paid for such publication. (Neb. Rev. Stat. §§17-606 through 17-609, 19-1101)
The city attorney shall be the legal advisor of the city and shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city or that may be ordered by the City Council; attend council meetings when requested; give an opinion upon matters submitted to him or her, either orally or in writing, as may be required; draft and review for legal correctness any ordinances, contracts, franchises, and other instruments as may be required; perform such other duties as may be imposed upon him or her by general law or ordinance. The council shall have the right to pay the city attorney compensation for legal services performed by him or her on such terms as the council and attorney may agree and to employ additional legal assistance and pay for such legal assistance out of the funds of the city. (Neb. Rev. Stat. §17-610) (Am. Ord. No. 00-4, 2/8/00)
SECTION 1-508: law enforceMENT; CONTRACT WITH COUNTY SHERIFF
The city currently contracts through an interlocal agreement with Perkins County for law enforcement within the city. The county sheriff acts as the city’s chief law enforcement officer, who shall file the necessary complaints in cases arising out of violations of city ordinances and shall make all necessary reports required by city ordinances or state laws. The county sheriff may be appointed to serve on the Board of Health as secretary and quarantine officer and act as health inspector except in the event the city appoints another person. (Neb. Rev. Stat. §§17-208, 17-213, 19-3801) (Am. Ord. No. 378, 1994)
SECTION 1-509: CITY ENGINEER; street superintendent
The city engineer, who may be appointed by the City Council or contracted as needed for special projects, shall make all surveys, estimates, and calculations necessary to be made for the establishment of any public utilities and the costs of labor and materials therefor. He or she shall accurately make all plats, sections, and maps as may be necessary under the direction of the council. Upon request, he or she shall make estimates of the costs of labor and material which may be done or furnished by contract with the city and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, bridges, curbing, and gutters and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the City Council may require. The city engineer shall serve as street superintendent. (Neb. Rev. Stat. §§18-3301, 17-568, 17-919)
SECTION 1-510: water commissioner
The city superintendent shall serve as water commissioner. He or she shall have general supervision and control over the city water system and shall be primarily responsible for its economic operation and prudent management. Included in the said water system shall be the water plant, the pump house, and all machinery and appliances used in connection with producing and distributing water to inhabitants of the city. The superintendent shall have the general control and supervisory authority over all employees of the water system which the City Council may from time to time hire to operate and maintain the said system. He or she shall note the condition of the said water system, of all mains, pipes, hydrants, reservoirs, and machinery and such improvements, repairs, and extensions thereof. (Neb. Rev. Stat. §§17-541, 17-543)
SECTION 1-511: SEWER COMMISSIONER
The city superintendent shall be city sewer commissioner ex officio and shall have the duties provided in Section 7-302.
SECTION 1-512: ENFORCEMENT OFFICER
A. Appointment; Duties. The office of city enforcement officer is an executive office of the city. The enforcement officer shall be appointed by the mayor, by and with the advice and consent of the City Council, and may be removed from office by the mayor with the consent of the council. The duties, responsibilities and powers of the enforcement officer shall be as set forth herein. The city enforcement officer shall:
1. Be responsible for enforcement of all fee schedules adopted by the City Council governing all licenses and permits for building, electrical work, plumbing work, gas work and excavation performed within the jurisdiction of the city and shall be responsible for the collection of all fees;
2. Be responsible for ensuring compliance with the city’s zoning ordinances, subdivision ordinances and regulations, and excavation ordinances, by enforcement of the provisions thereof;
3. Be responsible for making all inspections of all excavation, building and plumbing installations or repairs performed within the jurisdiction of the city; the enforcement officer shall not affix his or her certificate of approval to any of the above specified work, installation or repair unless such work, installation or repair fully complies with all city ordinances and regulations as of the date of such performance;
4. Maintain an office and regular office hours in the city hall;
5. Keep complete records of all applications, permits and fees received, all inspections made, and all certificates of approval issued;
6. Make a written monthly report to the mayor and City Council covering all applications, approved or denied; all the work, installations and repairs performed within the jurisdiction of the city for which licenses, permits or inspections are required; and also setting forth the inspections he or she has performed and the certificates of approval issued during the month;
7. Meet with and assist the Planning Commission as the commission may request or as his or her duties may require;
8. Pay over all the fees collected to the city treasurer on a monthly basis; and
9. Obtain and file with the City Council, at the expense of the city, a corporate surety bond in the sum of $5,000.00 conditioned upon his or her proper performance of all duties and obligations so vested.
B. Substitute Authority. Should the city enforcement officer be incapable of discharging his or her duties, responsibilities or powers for any reason, the mayor shall act as the enforcement officer during such absence or incapacity or until a new enforcement officer can be appointed to fill such absence or vacancy.
C. Compensation. The salary of the city enforcement officer shall be fixed by resolution of the City Council. (Am. Ord. No. 264, 3/23/76)
SECTION 1-513: NUISANCE OFFICER
The duties of the nuisance officer shall be as provided in Sections 3-404 through 3-413.
SECTION 1-514: STUDENT REPReSENTATIVE TO City Council
The purpose of a student representative shall be to provide the mayor and City Council input and to implement and improve communication with city government from a group of citizens unable to vote due to age limitations. The mayor, with approval of the council, shall appoint the student representative to the council for a one-year term. The student representative shall be a resident of the city and a student attending Perkins County High School. He or she shall attend meetings but shall not vote on any matters coming before the council. He or she shall be allowed to attend closed sessions of the council only upon approval of the mayor and council. The student representative shall take the oath of office, as provided in Section 1-103, and is expected to be familiar with the government and proceedings of the City Council, especially Sections 1-301 through 1-313 (Meetings) as provided herein. (Ord. No. 05-03, 3/22/05)