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October 7, 2011                                                             www.nacone.org   NACO E-Line Archive 

Upcoming Events

Kearney

October 12, 2011

 

Legislative Conference

Kearney

October 13, 2011

 

Introduction to Federal-Aid Right of Way Require

Lincoln 

October 18-19, 2011

 

NWCA Fall Training

Hastings

October 25-26, 2011

 

NACO Annual Conference

Kearney

December 14-16, 2011

 

 

 Did you know...
 
This year October has 5 Mondays, 5 Saturdays, and 5 Sundays. This happens once every 823 years.
 

 

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AssocMembersAssociate and Sustaining Members

NACO Associate and Sustaining Members enable NACO to enhance its continuing education programs for county officials across the state. Visit NACO's complete associate and sustaining membership list here.

 

 EducationFoundationEducation Foundation Memorial Program

A gift to NACO's Education Foundation ensures that the children of county officials and county employees are eligible to apply for scholarships to continue their education at Nebraska's higher learning institutions. Whatever their passion - history, art, music, science, education, sports - the NACO Education Foundation will provide them an opportunity to fund their education beyond the K-12 level. Memorial gifts to NACO's Education Foundation are tax exempt and a lasting legacy in honor of your loved one's commitment to educating the children of Nebraska's county officials and employees. For more information about how to make a memorial gift, please contact Jon Edwards / 402-434-5660 ext. 227.

In This Issue

Interim Hearing Schedule

Legal Line

NPSC Seeks Comments on PSAP Costs Eligible for Wireless E911 Funding

NE LTAP Announces FHWA Workshop

Conference Matters

County Official of the Year Nomination

News Across the State

NACo Web-based Education

Legal Calendar

County Classifieds

Associate & Sustaining Members

NACO Education Foundation Memorial Program

 

Many of you have asked how to access the Legal Calendar since County Line is no longer being published. The Legal Calendar can be found in each issue of NACO E-Line in the In This Issue section (above).

InterimInterim Hearing Schedule 

During the interim between regular legislative sessions, standing committees of the Legislature conduct studies on resolutions introduced by senators during the session. Below is a listing of upcoming study hearings that may be of interest to counties.

 

Oct. 7 - Natural Resources Committee - LR 314 - Dedicated funding source for water management activities

 

Oct. 11 - Judiciary Committee - LR 249 - Recidivism rates for persons convicted of driving under the influence, including the financial impact on county correctional facilities and public health agencies

 

Oct. 11 - Judiciary Committee - LR 254 - Sex offender registry including frequency of law enforcement contacts

 

Oct. 26 - Urban Affairs Committee - LR 209 - Examination of building codes

 

Oct. 28 - Revenue and Urban Affairs Committees - LR 234 - Develop a long-term plan to support infrastructure development for the use of natural gas as a transportation fuel

 

Oct. 28 - Revenue and Urban Affairs Committees - LR 263 - Examine municipal, state and federal programs available to assist with job creation in the manufacturing sector

 

Oct. 28 Revenue Committee - LR 232 - Examine the impact of tax increment financing on taxpayers and governments

 

Nov. 4 - Government Committee - LR 245 - Use of technology in elections

 

Nov. 4 - Government Committee - LR 307 - Examine the process for decreasing the number of county commissioners

 

Nov. 4 - Urban Affairs Committee - LR 241 - Examine the Nebraska Redevelopment Act and tax increment financing

 

Nov. 4 - Urban Affairs Committee - LR 227 - Examine adoption of a comprehensive plumbing code

 

Nov. 7 - Transportation and Telecommunications and Appropriations Committees - Roads Needs Assessment Briefing

 

Nov. 22 - Retirement Systems - LR 210 - Examine retirement systems administered by the Public Employees Retirement Board

 

A full list of interim studies is available on the Legislature's website here.

 

Hearings conducted at the State Capitol can be watched through NET's live video streaming link.

 

LegalLineLegal Line 

Editor's Note: Legal Line is a feature that will periodically appear in E-Line. This edition has been prepared by Beth Ferrell, a member 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 your personal counsel.

 

Law enforcement officers who shot a suspect hiding in a vacant building were immune from liability pursuant to the Political Subdivisions Tort Claims Act (PSTCA) according to a September 23 decision of the Nebraska Supreme Court. In Britton v. City of Crawford, 282 Neb. 374, __ N.W. 2d__ (2010), the court examined whether separate charges of battery against one of the officers related to the shooting fell within the "arising out of a battery" exemption to 13-910(7) of the Act. The PSTCA allows a limited waiver of a political subdivision's sovereign immunity with respect to certain, but not all, types of tort actions. Because such waivers are strictly construed, they are found only where expressly stated by statute or when the overwhelming implication of the text allows no other reasonable construction. In Britton, the Court examined the intentional torts exception to the waiver and found that the city was immune from suit.

 

NPSCNPSC Seeks Comments on PSAP Costs Eligible for Wireless E911 Funding 

The Nebraska Public Service Commission is seeking comment on Public Safety Answering Point (PSAP) costs that should be eligible for funding under the Enhanced Wireless 911 Services Act. Currently, costs associated with equipment, software, training, maintenance of equipment and software, GIS data and data maintenance, and telecommunications services are generally eligible subject to the Commission established wireless/wireline ratio. Commenters should specifically explain the necessity of the cost in the provision of enhanced wireless 911 service. Comments may be filed with the Commission on or before October 28, 2011 at 3:00 p.m. Instructions for filing comments and more background on this issue can be found here. Questions concerning the Wireless E911 Funding Program can be directed to Joan Rafferty, Wireless E911 Coordinator, at 402-471-3101 or 800-526-0017.

 

LTAPNE LTAP Announces FHWA Workshop
I80 NE
FHWA-NHI-141050 Introduction to Federal-Aid Right of Way Require
October 18, 2011 (2 days)
Lincoln, NE

DESCRIPTION: This two day introductory course provides Local Public Agencies (LPAs) with a working knowledge of Federal requirements and procedures for acquiring property for federally-assisted transportation projects. The course focuses on applying the Uniform Act and related Federal Regulations to specific situations and issues. Designed as a hands-on, highly interactive learning experience, instructors guide participants through a series of right-of-way (ROW) problem solving exercises and large group discussions. we encourage those with limited ROW knowledge to register for the free NHI-141045 web-based training course in advance of this instructor-led course session.
 
OUTCOMES: Upon completion of this course, participants will be able to:
  • Explain the legal basis for land acquisition by a governmental entity
  • Assess the impact of a roadway improvement as it relates to the Uniform Act
  • Sequence the right-of-way process (ROW) within the overall project development process
  • Determine the appropriate valuation process for ROW acquisition
  • Apply the Uniform Act requirements for ROW acquisition
  • Apply the Uniform Act requirements to relocation assistance
  • Determine the agency's responsibilities for managing real property
TARGET AUDIENCE: Those within local public agencies who are responsible for acquiring right-of-way for federally-funded projects, as well as those responsible for oversight of LPAs, in addition to FHWA personnel, consultants, Federal and State staff, county officials and attorneys, city council members and city attorneys and other interested parties.
 
For additional information and to register, click here.
 
ConferenceConference Matters 
Silent Auction

 

Annual Conference numbers for the Friday General Session and luncheon have steadily decreased for several years now. Subsequently, NACO has decided to change the format for Friday somewhat. As stated in the July 15 issue of E-Line, instead of a formal luncheon, a silent auction and box luncheon will be held. We have decided to forego the General Session speaker on Friday morning so that attendees can get an earlier start for home, if they choose.

 

Soon NACO will be requesting that each county provide an item or items for the silent auction. NACO recommends that each county solicit donations from vendors in their respective county. It is hoped that all 93 Nebraska Counties will be represented.

 

Exhibitors & Vendors

 

County officials who know of vendors that may be interested in participating as an exhibitor in NACO's Annual Conference are asked to suggest they contact the NACO office for details about the conference.

 

Each year the popularity of NACO's exhibition area continues to increase. If you know of possible exhibitors, please suggest to them that they contact the NACO office for further information.

 

Shuttle Service

 

Officials attending the NACO Annual Conference are reminded that continuous shuttle bus service to and from the conference site and contracted hotels will be provided all three days of the conference. The finalized schedule for shuttle service will be published in the conference program.

 

Conference Lodging

 

Readers are encouraged to refer to the July 15 issue of E-Line for information regarding hotel accommodations for the conference. Contracted hotels, reservation phone numbers and reservation policies are listed in this issue of E-Line. NACO has sent an e-mail to all county clerks. Please do not contact any of the contracted hotels prior to this date, as reservations will not be accepted.

 

Conference Site

 

The site for the annual conference will be the Younes Event Center. This is a new structure built on the premises of several hotels. The structure is made up entirely of meeting space. As a result, there is no "host hotel" for the conference. The event center will allow NACO to house many more exhibitors and the meeting space will be adequate.
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COYCounty Official of the Year 
2010_COY_Joan_Ackland

Fillmore County Assessor Joan Ackland, 2010 County Official of the Year

Do you know of an elected or appointed county official who you feel serves as the embodiment of a true dedicated public official? If so, nominate that individual for the annual County Official of the Year Award.

The Nebraska Association of County Officials will present its highest honor to one county official at the conclusion of the December 16th NACO Business Meeting.
 

The County Official of the Year Award was created as a means of honoring one individual each year for his or her leadership abilities, high standard of public service and outstanding contributions made to the medium of county government and that person's community.
 

The official nomination form can be found here or on NACO's website. To nominate someone you know, print the form, complete it and return it to the NACO office by November 11. Also, include any supplemental materials you feel would provide additional insight into why this person is deserving of the award. Supporting material may include testimonial letters from peers or other printed matter that highlight his or her record of service.


Each of the 2011 nominees will be introduced and recognized during the course of the conference. At the conclusion of the NACO Business Meeting, the announcement will be made as to who has been chosen by a special selection committee.


The 2011 recipient will join an elite list of county officials who have previously received this award and will receive a handsomely engraved plaque befitting of this prestigious honor.

 

NACoWebEdNACo Web-based Education

Green Purchasing 2.0: No Compromising on Cost & Performance

Thursday, October 13, 2011

1:00 PM - 2:15 PM CDT

 

"No matter the environmental benefits, green products that cost more and perform worse than traditional products are not sustainable." This is the new mantra working its way through the manufacturing and purchasing fields-resulting in a rethinking of green purchasing. An increasing number of counties and organizations are using tools to identify and source green products. Learn how you can find these products for use in your county and how NACo's tools can help you. Register here.

 

Clearing the Path to Disaster Recovery: Debris Management

Wednesday, October 19, 2011

1:00 PM - 2:15 PM CDT

 

How would you manage large-scale debris removal and disposal operations as a result of a disaster in your county? Counties with a debris management plan are better prepared to restore public services and ensure the public health and safety of residents after a disaster. Join this webinar to find out if your county is positioned to receive the full level of assistance from FEMA and other participating entities. Hear about the key elements necessary to manage a large scale debris operation. This is a NACo members only webinar. You must log in to the Member Center to register. 

 

Reducing Youth Detention Populations and Increasing Cost Saving Opportunities

Thursday, October 27, 2011

1:00 PM - 2:15 PM CDT

 

Juvenile Detention Alternative Initiative (JDAI) core strategies have been proven to reduce detention & costs, increase system fairness and improve the juvenile justice system overall without compromising public safety.   Join this webinar to find out how you can conduct a deeper analysis of your county's overall detention system to reveal gaps or unnecessary procedures that can contribute to the inefficiencies and high costs associated with running detention systems. Register here.

 

There's a Killer on the Road - What can be done about Roadway Departure Crashes?

 

During this webinar, receive a comprehensive look at the seriousness of roadway departure crashes, why it is such a problem on rural and isolated roads, and the counter measures that counties can implement to reduce the number of roadway departure crashes. Register here. 

 

For more information on these and other upcoming or previous webinars, visit the NACo Web-based Education page.

 

Nebraska Association of County Officials
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