17-208 Appointive officers; police officer; removal, demotion, or suspension; procedure; board of health; members; duties.
17-208. Appointive officers;police officer; removal, demotion,or suspension; procedure; board of health; members; duties.(1)(a) The village board oftrustees may appoint a village clerk, treasurer, attorney, overseer of thestreets, and marshal or chiefof police. Pursuant to subsection (2) of this section, the village marshal or chief of police or any other police officer may appeal to the village board his or her removal, demotion, or suspension with or without pay. After a hearing, the village board may uphold,reverse, or modify the action.(b) The village board of trusteesshall by ordinance adopt rules and regulations governing the removal, demotion, or suspension with or withoutpay ofany police officer, including the village marshal or chief of police. The ordinance shall include a procedurefor such removal, demotion, or suspension with or without pay of any policeofficer, including the village marshal or chief of police, upon the writtenaccusation of the village marshal or chief of police, the chairperson, orany citizen or taxpayer. The village board of trustees shall establish byordinance procedures for acting upon such written accusation, including: (i)Provisions for giving notice and a copy of the written accusation to the policeofficer; (ii) the police officer's right to have an attorney or representativeretained by the police officer present with him or her at all hearings orproceedings regarding the written accusation; (iii) the right of the policeofficer or his or her attorney or representative retained by the police officerto be heard and present evidence; and (iv) the right of the police officeras well as the individual imposing the action or their respective attorneysor representatives to record all hearings or proceedings regarding the writtenaccusation. The ordinance shall also includea procedure for making application for an appeal, specifications on the periodof time within which such application shall be made, and provisions on themanner in which the appeals hearing shall be conducted. Both the police officerand the individual imposing the action or their respective attorneys or representatives shallhave the right at the hearing to be heard and to present evidence to the villageboard for its consideration. Not later than thirty days following the adjournmentof the meeting at which the hearing was held, the village board shall voteto uphold, reverse, or modify the action. The failure of the village board to actwithin thirty days or the failure of a majority of the elected board membersto vote to reverse or modify the action shall be construed as a vote to upholdthe action.The decision of the village board shall be based upon its determination that,under the facts and evidence presented at the hearing, the action wasnecessary for the proper management and the effective operation of the policedepartment in the performance of its duties under the statutes of the Stateof Nebraska. Nothing in this section shall be construed to prevent the preemptorysuspension or immediate removal from duty of an officer by the appropriateauthority, pending the hearing authorized by this section, in cases of grossmisconduct, neglect of duty, or disobedience of orders.(c) This subsectiondoes not apply to a police officer during his or her probationary period.(2) The village board of trusteesshall also appoint a board of health consisting of three members: The chairpersonof the village board, who shall be chairperson, and two other members. Onemember shall be a physician or health care provider, if one can be found whois willing to serve. Such physician or health care provider, if appointed,shall be the board's medical advisor. If the village board of trustees hasappointed a marshal or chiefof police, the marshal orchief of police may be appointed to the board and serve as secretaryand quarantine officer. A majority of the board of health shall constitutea quorum and shall enact rules and regulations, which shall have the forceand effect of law, to safeguard the health of the people of such village andprevent nuisances and unsanitary conditions. The board of health shall enforcethe same and provide fines and punishments for violations. The appointeesshall hold office for one year unless removed by the chairperson of the villageboard with the advice and consent of the trustees. SourceLaws 1879, § 47, p. 204; Laws 1885, c. 18, § 1, p. 158; Laws 1895, c. 15, § 1, p. 110; Laws 1911, c. 20, § 1, p. 137; R.S.1913, § 5058; Laws 1919, c. 165, § 1, p. 369; C.S.1922, § 4230; C.S.1929, § 17-208; R.S.1943, § 17-208; Laws 1995, LB 346, § 2; Laws 1996, LB 1162, § 2; Laws 2009, LB158, § 2.AnnotationsVillage marshal is appointive officer, and is not an employee within the meaning of the Workmen's Compensation Act. Suverkrubbe v. Village of Fort Calhoun, 127 Neb. 472, 256 N.W. 47 (1934).