Nebraska Association of County Officials

1335 H Street Lincoln, NE 68508

Phone: (402) 434-5660
Fax: (402) 434-5673
Budget Workshops Offered in June
Two Budget Workshops will be offered by NACO in June. This workshop will be offered at two locations to better serve counties.

The first workshop will be offered on June 26 in North Platte at the Sandhills Conference Center. The second workshop will be offered on the following day, June 27 at the Holthus Center in York. The agenda for both workshops will be the same. All county officials are invited to attend. Registration cost for each workshop is $50, that will include a budget workshop handbook, a noon luncheon and break items during the day.

Registration will begin at 8 a.m. both days with an introduction and Pledge of Allegiance at 8:45. The morning will consist of two sessions that will include a discussion of the roles that county officials play in the budget process, how government is funded and the role that the State Auditor's Office plays. The other morning session will include the identification of functions and legal framework of a capital and annual operating budget, techniques for estimating county reserves and reviewing the adequacy of cash reserves and cash balances.

The afternoon will consist of three sessions dealing with leadership strategies, best practices for budget management and ways of effectively communicating budgetary actions with the public to increase confidence and trust with transparency.

To view the agenda and the registration , click on each highlighted word.
Save The Date!!
Thursday, July 18
10:00 AM CDT

The above date and time will be when room reservations will open for the annual conference in Kearney. The conference will be held at the Younes Conference Center on December 11 - 13, 2019. More details will follow in future E-line publications.
Transportation Providers
Seeking Award Nominations
The Nebraska Association of Transportation Providers are seeking nominations for their awards ceremony to honor transit managers and others who support public transit. The awards will be presented at the September Annual Meeting. Nominations are being sought by county and public officials alike. There are five categories for consideration in your nominations. The categories include; Rookie Manager of the Year, Public Transit Manager of the Year, Pioneer, Friend of Transit and In Appreciation For Retirees.

The nomination form can be found here . The application deadline is August 9.
Nebraska Children's Commission
Seeking to Fill Current Vacancies
The Nebraska Children's Commission has a current vacancy for the role of a Juvenile Court County Attorney, however it is not likely that it will be filled before all membership terms expire June 30th. Now that LB600 has passed, the Children's Commission will continue and new members are being sought to fill vacancies beginning July 1st. The roles are not as specified as current legislation so in order to get a wide span of child welfare and juvenile justice systems stakeholders, having juvenile court representation on the Commission would be greatly beneficial.
 
The Children's Commission provided this article to supply membership and application information to one or more county attorneys who do Juvenile Court work in greater Nebraska. The Children's Commission membership information is available here . The Commission meets quarterly and membership terms are for two years. To learn more about the Nebraska Children's Commission, please visit their website
Grant Writing Workshop
Omaha Police Department and Grant Writing USA will present a two-day grants workshop in Omaha, July 15-16, 2019. This training is for grant seekers across all disciplines. Attend this class and you'll learn how to find grants and write winning grant proposals.


Beginning and experienced grant writers from city, county and state agencies as well as nonprofits, K-12, colleges and universities are encouraged to attend.

They are excited to offer our members and staff a special tuition rate of $425 which includes everything: two days of terrific instruction, workbook, and access to their Alumni Forum that's packed full of tools, helpful discussions and more than 200 sample grant proposals. Please use discount code " NEASSN " to receive this $30 discount off full price at registration. 

Multi-enrollment discounts and discounts for Grant Writing USA returning alumni are also available. Tuition payment is not required at the time of enrollment.

Contacts:
Tammy Pitts
at Grant Writing USA
888.435.7281 toll free

Miranda Vaughan
Omaha Police Department
402.444.4116

More than 10,000 agencies across North America have turned to Grant Writing USA for grant writing and grant management training.
Legal Line
Supreme Court Considers Claim of Special
Administrator of Inmate Who Died of Suicide While in Jail
 
Reiber v. County of Gage , 303 Neb. 325, --- N.W.2d --- (2019),
 
While in a county jail, an inmate died of suicide. The inmate’s special administrator of his estate brought a negligence action against the County, the County sheriff, and unknown County sheriff’s employees under the Nebraska Political Subdivisions Tort Claims Act (PSTCA). The PSTCA is governed in statute by Neb. Rev. Stat. §§ 13-901 to 13-928. The inmate’s special administrator alleged that the defendants failed to follow the jail’s established protocol and knew, or in the exercise of reasonable care should have known, that the inmate was suicidal. After a bench trial solely on the issue of liability, the district court found that the defendants had exercised due care and that the cause of action was barred by sovereign immunity under § 13-910(1). The special administrator appealed from such judgment. The Supreme Court agreed with the findings of the district court and ultimately, affirmed the decision of the lower court.

To read about the two arguments in support of the special administrators contentions, click here .

 
Attorney General’s Office Considers Questions Related to
Wind Energy Generation Projects
 
In Neb. Op. Atty. Gen. No. 19-008 (2019) , the opinion of the Attorney General’s office was requested related to two questions pertaining to LB 373 (2019), introduced by the requesting Senator. The specific questions asked were:
 
1)     Does Nebraska case law, including but not limited to the Lincoln Dairy Company v. Finigan , 170 Neb. 777 (1960) and Gillette Dairy, Inc. v. Nebraska Dairy Products Bd. , 192 Neb. 89 (1974) line of cases, stand for the proposition that counties and other political subdivisions may not (a) altogether prohibit or (b) in practice prevent the undertaking of an otherwise lawful occupation or activity?
 
2)     Do Nebraska counties have the lawful authority, e.g., under Neb. Rev. Stat. § 66-913 , to impose zoning or other restrictions that prohibit the construction of wind turbines whose height is in excess of a certain specified maximum height?
 
To read the answers to these questions, click here .

Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This article has been prepared by Elaine Menzel 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.
Supreme Court To Hear "Mixed Motive"
Employment Discrimination Case
The question presented in Comcast Corp. v. National Association of African American-Owned Media is whether a claim of race discrimination under 42 U.S.C. § 1981 fails in the absence of but-for causation.

Section 1981 states “ [a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.”

Per its so-called “mixed-motive” theory, Title VII of the Civil Rights Act of 1964 disallows race, color, religion, sex, or national origin to be “a motivating factor for any employment practice, even though other factors also motivated the practice.”

In this case an African American-owned operator of television networks sued Comcast under Section 1981 claiming its refusal to contract with the networks was racially motivated. Comcast argued that it could only be sued under Section 1981 if racial discrimination was the “but-for” reason it would not contract with the networks. The Ninth Circuit disagreed and applied the “mixed-motive” framework from Title VII to Section 1981 despite the fact that Section 1981 contains no “motivating factor” language like Title VII.

In a case decided the same day where the same networks sued Charter Communications, the Ninth Circuit noted that Section 1981 guarantees “the same right” to contract “as is enjoyed by white citizens.” According to the Ninth Circuit: “If discriminatory intent plays any role in a defendant’s decision not to contract with a plaintiff, even if it is merely one factor and not the sole cause of the decision, then that plaintiff has not enjoyed the same right as a white citizen.”
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
NACo Webinars
Stepping Up 101: A Primer for Veterans Justice Outreach Specialists
June 27, 2019
1:00 pm – 2:15 pm CDT
Contact Nastassia Walsh
(202) 942-4289

In jurisdictions across the country, veterans and people with mental illnesses who are incarcerated have unique service needs, and it can be difficult for correctional facilities to serve them effectively. This webinar will provide an overview of the crisis of mental illness in jail systems and discuss how the Stepping Up initiative can help counties reduce the number of people with mental illnesses in their jails. In addition, the webinar will provide estimates of the number of incarcerated veterans and present an example of how Veterans Justice Outreach specialists can facilitate linkages to services for veterans with mental illnesses in Stepping Up counties. There will be time for questions and answers at the end of the webinar.
Budget Workshops
Sandhills Convention Center, North Platte
June 26, 2019
Hothus Center, York
June 27, 2019

Annual Conference Room Reservation Date
July 18, 2019
10:00 a.m.

Assessors Workshop
August 26 - 29, 2019
Gering Civic Center, Gering
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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