Nebraska Association of County Officials

1335 H Street Lincoln, NE 68508

Phone: (402) 434-5660
Fax: (402) 434-5673
April 19, 2019 | www.nacone.org | NACO E-Line Archive
Re-Discovering Traditional Mortar For Courthouses
The first day of this two day workshop will primarily consist of classroom and lab learning through demonstrations and explanations. These classes will be held at Wayne State College.

On the second day, participants will be using this knowledge on a hands on application at the Wayne County Courthouse. Participants are required to furnish their own OSHA approved safety gear: hard hat, eye protection, gloves, etc. A list of necessary tools for use at the workshop will be provided at the time of registration.

The first two day session is being held on May 6 & 7 and it will be repeated again on May 8 & 9.

A block of rooms has been reserved for attendees of the workshop at the Cobblestone Hotel in Wayne, Nebraska. The block code is: Masonry Workshop.

Registrations will be limited to 30 participants per workshop.Sign up now by clicking here .
County Board Workshop Award Nominations Sought
At this year's County Board Workshop a new award will make its debut. The Outstanding County Board Member of the Year Award will be presented to a county board member who has served for at least 16 years, has been active on regional boards, has been chair of their county board, participated in the legislative process and has been appointed to a statewide committee during their tenure. Regular attendance at NACO educational opportunities, events and meetings is also required.

This award will be presented after the Thursday evening meal at the County Board Workshop in Kearney on June 6.

Please think about a deserving county board member and nominate them for this honor. The deadline for this award nomination is May 5, 2019 .

The award form can be accessed here .

Registration for the 2019 County Board Workshop is online at the NACO website . The 2019 Board of Equalization Workshop will be held the previous date on June 5. One can sign up for both workshops but each one requires a separate registration. Also please note that NACO will be offering a reduced registration if you do not want a sack lunch on the final day of the County Board Workshop. Workshop registration is $85 without the sack lunch and $100 if you wish to have the sack lunch to eat at the noon closing of the workshop or take it along with you for the travel home.
Check The Cell Service In Your Area
For NACo Study
Mobile App Launch

Unfortunately, connectivity data provided to the Federal Communications Commission is often inaccurate and inflated – leaving many rural communities overlooked and disconnected. NACo has partnered with the Local Initiatives Support Corporation (LISC) and the Rural Community Assistance Partnership (RCAP) to develop a mobile app designed to identify areas with low or no connectivity to help ensure adequate funding for broadband infrastructure is provided across the country.

“TestIT” is an iOS/Android mobile app that leverages a broadband sampling tool designed by Measurement Labs (MLabs) to aggregate broadband speeds across the country from app users. With the press of a single button, users will be able to test their broadband speed from anywhere. Additionally, users will be able to compare their internet speeds to the national average and minimum standards established by the Federal Communications System. No personal information will be collected through this mobile app.

A snapshot of each sample will be sent to a database which will allow NACo and partners to analyze connectivity data across the country. The data collected through this app will help identify areas where broadband service is overstated and underfunded by comparing the data to the National Broadband Map.

Use of this app will give the FCC a true picture of cell service in your area, so please become involved.

For information on loading this app, click here .
Month In Photos Has Transitioned To Facebook
About a year ago NACO had introduced the Month In Photos E-mail through Constant Contacts as a way to generate interest in county events across the state of Nebraska.

We would like to now direct those viewers and those who would like to submit photos from your county to our facebook page. You will find the facebook icon in the upper right corner of the NACO webpage so you can submit your posts.

We encourage everyone to snap photos of events that are occurring in your county and post them with their description on the NACO facebook pages from here on.
2019 NJJA Conference
The 2019 NJJA conference provides an opportunity for anyone working with at-risk youth to learn from, and network with, professionals across prevention, education, juvenile justice, and treatment systems. Check out the great lineup of keynote speakers, breakout sessions and social events below!

What:  2019 Nebraska Juvenile Justice Association Annual Conference
When:   May 1 – 3, 2019
Who:  All stakeholders involved in juvenile justice in the state of Nebraska are invited and encouraged to attend
Registration: Registration Is Open
 
2019 NJJA Keynote Speakers
Keith R. Cruise Wednesday Keynote Speaker 
Rebecca Bender   Thursday Keynote Speaker 
Hasan Davis Friday Keynote Speaker

2019 County Justice Reinvestment Grant
The 2019 County Justice Reinvestment Grant Application has been posted on the Nebraska Crime Commission’s webpage .

Applications are due by 5 pm, Friday May 3, 2019 . For any questions, please call Laurie L. Holman , J.D., Legislative Liaison and Policy Coordinator at the Nebraska Commission on Law Enforcement and Criminal Justice. Her phone number is 402-471-2259 and you can email her by clicking on her name above.
Legal Line
 Deputy’s Death During Shift-Change Phone Call Not Compensable
 
On April 2, the Nebraska Court of Appeals upheld a Workers’ Compensation Court finding that the death of a Colfax County deputy sheriff during a cell phone call to exchange information with another deputy at the end of his shift was not compensable under workers’ compensation laws because it did not arise out of and in the course of his employment with the county.
 
In Coughlin v. County of Colfax , 27 Neb. App. 41, __ N.W.2d __ (2019), deputy sheriff Daniel Coughlin had clocked out after his shift ended and was on his cell phone exchanging shift-change information with his replacement during his drive home in his personal vehicle when he hit a deer carcass in the road and was killed. His brother filed a workers’ compensation claim on behalf of his daughter. The Workers’ Compensation Court dismissed the case, finding no causal connection between an employer-created condition and Coughlin’s death. It concluded that his death did not arise out of and in the course of his employment with the county. His brother appealed the decision to the Nebraska Court of Appeals.
 
The court applied the basic principles of worker’s compensation laws set out in Neb.Rev.Stat. § 48-101 .
 
When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such an employee shall receive compensation therefor from his or her employer if the employee was not willfully negligent at the time of receiving such injury.
 
This section places the burden on the employee to show by a preponderance of the evidence that the injury was both “arising out of” and “in the course of” employment. This is broadly categorized as the going to and from work rule. Injuries sustained by an employee while going to a fixed place of employment do not arise out of and in the course of employment unless a distinct causal connection exists between an employer-created condition and the occurrence of the injury.
 
Determining whether the employee had a fixed place of employment is the first step to this proof. Here, Coughlin had to report to the county courthouse before beginning his shifts. Deputies who lived outside of the county, like Coughlin, drove their personal vehicles to the courthouse and clocked in from their patrol cars at the sheriff’s department office. The patrol cars were garaged at the courthouse and returned at the end of their shifts. Deputies residing in the county drove their patrol cars home and were able clock in and out of work from there.
 
The court found these facts, in addition to Coughlin having removed his bulletproof vest, badge, weapon and handcuffs and placed them in the back seat of his personal vehicle, indicated that he had a fixed place of employment.
 
Next, the court examined whether there was an employer-related condition that rendered the going to and from work rule inapplicable. The relevant question was whether Coughlin’s use of his cell phone to communicate shift-change information while he was driving home was an employer-created condition. Although he was expected to exchange information at the end of his shift, the sheriff’s department did not prescribe any one way of doing so. The case contains summaries of testimony from several officers describing their own practices and that of the department for exchanging information, as well as practices and policies for using cell phones during driving a county-owned vehicle. The court determined that there were other methods to exchange information and that Coughlin’s use of his cell phone to exchange shift-change information while driving was not an employer-created condition.
 
Because an employer-created condition did not exist, the court did not go on to examine whether Coughlin’s accident was causally connected to his cell phone use. Such a causal relationship must exist between and employer-created condition and the occurrence of the injury.
 
It affirmed the workers’ compensation court’s conclusion that the going to and from work rule rendered the injuries in this case not compensable.
 
The full text of the case is available here to s ee the April 2, 2019 decisions of the Court of Appeals.
 
Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This article has been prepared by Beth Ferrell of the NACO legal staff. Legal Line is not intended to serve as legal advice. Rather, it is published to alert readers to court decisions and legal or advisory matters important to county government. For a specific opinion on how the information contained in this article or that which will be discussed in future issues relates to your county, consult your county attorney or personal counsel.
County Government Day PowerPoint
The PowerPoint presentation is available electronically at no charge (sent via e-mail) for use by counties during their annual County Government Day. The PowerPoint provides a comprehensive look at county government functions in the State of Nebraska and can be customized by each county. CD's are also available for $10.00 each to cover processing, shipping and handling. To request the County Government Day PowerPoint electronically, please e-mail your request to larrydix@nacone.org .

The CD order form is available here .
News from NACo
Counties Celebrate National County Government Month

See how counties around the country are celebrating National County Government Month and raising public engagement.
NACo Webinars

Meeting the Needs of Individuals with Substance Use Disorders: Strategies for Reentry From Jail
Apr. 25, 2019
1:00 pm – 2:15 pm CDT
Contact Vernon Smith
(202) 661-8809

Join NACo for a three-part webinar series on Substance Abuse Interventions for Justice-Involved Individuals, which will focus on strategies county leaders can use during interactions with law enforcement, in the jail and upon reentry to improve outcomes for this population and the community and protect public safety. This webinar will highlight strategies counties can use to help individuals successfully return to their communities, including how to develop a community-based treatment infrastructure and create a comprehensive reentry treatment plan.
Rediscovering Traditional Mortar For Courthouses
May 6 & 7 and May 8 & 9
Wayne County Courthouse/Wayne State College
Wayne, Nebraska

County Board of Equalization
June 5, 2019
Holiday Inn, Kearney, Nebraska

County Board Workshop
June 6 & 7, 2019
Holiday Inn, Kearney, Nebraska
Thank you for keeping up to date on the latest NACO News,

Sincerely,

Nebraska Association of County Officials
1335 H Street Lincoln, NE 68508
Phone: (402) 434-5660
Fax: (402) 434-5673
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