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March 8, 2013                                                                 www.nacone.org 
 NACO E-Line Archive 

Upcoming Events

Southeast District County Officials Meeting

March 14, 2013

Mahoney Park, Interstate 80

 

Northeast District County Officials Meeting

March 15, 2013

Lifelong Learning Center,

Norfolk, NE

  

Panhandle District County Officials Meeting

March 27, 2013

Community Center,

Bridgeport, NE

 

West Central District County Officials Meeting

March 28, 2013

Grey Goose Lodge,

Ogallala, NE

 

Nebraska Weed Control Superintendents' Spring Training

April 2-3, 2013

Central Community College,

Hastings, NE

 

CVSO Spring Annual Training Conference

April 15-19, 2013

Sandhills Convention Center,

North Platte, NE

 

NACO's Counties' Legislative Day

April 18, 2013

State Capitol

Lincoln, NE

 

 

 

 

To view all upcoming events click here

 

 

 

 

 

 

 

 

 

 

 

 

 

 

       

 

 

 

 

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 deductible and will be 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 Larry Dix  / 402-434-5660 ext. 226.

In This Issue

Mark Your Calendar For NACO's Counties' Legislative Day

April is National County Government Month

Impacts of the Sequester on 2013 PILT Payments

NACO Salary Survey to be Conducted

County Board of Equalization Workshop to be Held in May

County Government Day PowerPoint Available

Legal Line

NACo To Offer First National Cyber Symposium

County Directories Now Available

2012 County Board Handbook and Revisions Now Available

Legal Calendar

County Classifieds

Associate & Sustaining Members

NACO Education Foundation Memorial Program

 

counties_legislative_dayMark Your Calendar For NACO's Counties' Legislative Day
Capitol_BuildingMake plans now to attend NACO's Counties' Legislative day on April 18. County officials will have an opportunity to view the Legislature while in session as well as meet with state senators. A luncheon will be served at the Cornhusker Marriott hotel and all senators will be invited to attend. This is a great opportunity to discuss issues affecting county government with your senator. To view a tentative program click here. There is no fee to attend, however, registration is required. To register, click here.
NCGMApril is National County Government Month
NCGM_2013Smart Justice: Creating Safer Communities is this year's theme for National County Government Month in April. Additional information and a booklet full of ideas to celebrate NCGM is available on the NACo National County Government Month webpage. Counties are encouraged to participate in NCGM by hosting a variety of community outreach events and activities. These include tours of county facilities, distribution of information about county programs and services, sponsoring student essay contests, meeting with business and community leaders, and adoption of resolutions. NACo will again present valuable awards to six counties for their outstanding NCGM activities. For information contact Jim Phillips, jphillipps@naco.org or 202-942-4220.
PILT_LetterImpacts of the Sequester on 2013 PILT Payments
In a letter from Secretary Ken Salazar of the Department of the Interior he details of the impacts of the Sequester on Payment in Lieu of Taxes (PILT) payments for 2013.  In 2012 PILT payments to over 1,850 counties totaled $393 million.  Based on the President's report to Congress, there will be a 5.1 percent reduction in the PILT program, reducing 2013 payments to counties by this amount.  To read the letter, click here.
Salary_StudyNACO Salary Survey to be Conducted

Neb. Rev. Stat. 23-1114 provides that County Boards must set the 2015 through 2018 salaries for all elected officials prior to January 15, 2014.  The decisions made by County Boards not only have an impact on the local level, but also have an impact on county government statewide.

 

The Nebraska Association of County Officials has established special Salary Committees in 1981 and every four years thereafter to assist County Boards in setting salaries.  Leon Kolbet, 2013 NACO President, will be appointing a similar committee this year.  The purpose of this 12-member committee will be to examine 2013 county salaries and benefits, anticipated 2014 county salaries and benefits, and other related state and regional salary and benefit data.  From their examination, committee members will make minimum salary recommendations for each county for the 2015 through 2018 term.  These recommendations will come in the form of a published report that will be distributed to County Board members, among others, and discussed at the October 10, 2013 NACO legislative conference in Kearney.

 

The 2013 committee will consist of six County Board members (a chairman and one commissioner or supervisor from each of the five NACO districts) and one representative suggested by the presidents of the NACO affiliate associations of assessors, attorneys, clerks/election commissioners/registers of deeds, clerks of the district court, sheriffs and treasurers.  The committee members will meet this summer to review information and develop recommendations.  Prior to that time, surveys will be sent to county clerks asking for their assistance in providing NACO with information about salaries and benefits.

CBE_WorkshopCounty Board of Equalization Workshop to be Held in May
NACO's biennial County Board of Equalization Workshop will be held in Kearney on May 9, 2013.  County board members, county clerks and county assessors who haven't already registered should be sure to mark this date on their calendar because they won't want to miss this educational opportunity.
 
Over six hours of educational sessions have been planned for this workshop.  The workshop will provide an overall review of the equalization process.  To view the tentative agenda for this workshop, click here.
 
There are two different options to register.
  
1)  The first option includes all breaks, a luncheon, all hand out material and a printable CD of the the recently revised County Board of Equalization Handbook.  The fee for this option is $50.00  for early registration and $60.00 for registrations received after April 26, 2013.
  
2)  The second option includes all breaks, a luncheon, all hand out material and a hard copy of the recently revised County Board of Equalization Handbook.  The fee for this option is $65 for early registration and $75 for registrations received after April 26, 2013. 

You may register for this workshop on-line at NACO's website www.nacone.org or by clicking here
A block of rooms has been reserved at the Holiday Inn Hotel & Convention Center. Rates for lodging are $86.95 single/double. Reservations can be made by contacting the Holiday Inn directly at (308) 237-5971. Be sure to mention that you are with the NACO Board of Equalization Workshop to receive the reduced rate.
CountygovernementdaycdCounty Government Day PowerPoint Available
The PowerPoint presentation is now 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 order form is available here.
Legal_Line_2_22_2013Legal Line
 Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This edition 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.
  
Township Road Issues Addressed by Supreme Court

The Nebraska Supreme Court has ruled in favor of a township's authority to enact regulations to prevent livestock wastes from polluting township property.
  
In Butler County Dairy v. Butler County, 285 Neb. 408, --- N.W.2d --- (2013), a dairy (BCD) challenged two township regulations governing livestock confinement facilities after the regulations were cited by the township and county in denying the dairy's request for a permit to install a liquid livestock manure pipeline under a public road.  The district court ruled that the township had the authority to enact the regulations and that they were not preempted by the Livestock Waste Management Act (LWMA) or Nebraska's Department of Environmental Quality (DEQ) livestock waste control regulations.   The Supreme Court affirmed the district court.
  
The Court determined that the road at issue was a public road located wholly within the county and partially within the township.  It examined statutes related to the relationship between county and township roads and concluded that a county board and a township board are both vested with general supervisory authority over a township road.  These powers may be concurrent, but they are not equal and, depending upon the situation, both counties and townships may build and improve the public roads within a township.  The Court found that (1) a township can exercise authority over township roads until the point in time at which a county assumes control, (2) the assumption of control by a county supersedes the authority of a township, and (3) a county can assume control by improving the road.
  
The Court found that at the time the township regulations were adopted, the county had not exercised any control over the road so as to supersede the township's authority.  The county board deferred matters relating to township boards to townships and denied permits if township approval was not obtained.
  
Next the Court examined the township's authority to regulate liquid livestock waste pipelines under Neb.Rev.Stat. section 23-224(6).  This section gives the electors of a township power "to prevent the exposure or deposit of offensive or injurious substances within the limits of the town."  Although these terms are not defined by statute, the Legislature acknowledged in the LWMA that livestock waste can be a pollutant and is a potentially harmful substance that must be handled properly.  The Court found that the pipeline ban fell within the township's limited statutory powers.
  
Finally, the Court examined an assertion by BCD that the township's regulations are preempted by LWMA, related state regulations, and county zoning statutes.  Because there is no case law addressing preemption of township laws by state law, the Court reviewed preemptions under municipal laws.  Like a municipality, a township possesses only the limited powers conferred on it by statute.  Consequently, any laws enacted pursuant to a township's limited statutory authority necessarily are subordinate to the laws of the state from which the township's powers derived.
  
The Court reviewed the three types of preemption --  express preemption, field preemption, and conflict preemption - and found that none applied to the case.  It found that the Legislature did not expressly preempt local laws on the subject of livestock waste management.  It found that repeated references to local laws in the LWMA and the related regulatory scheme indicate an intent for state requirements to coexist with locals laws, which precludes a finding of field preemption.  It found that although the township regulations and state regulations use different terms to refer to the facilities governed by each, the requirements apply to similar facilities and livestock waste control requirements subject to 25-year storms.  Although the township's regulations are more stringent, the Court found this fact insufficient to prove preemption by conflict.
  
The Court then examined allegations that that the township's setback regulations were preempted by county zoning statutes.  BCD argued that because the county had not adopted zoning, the township did not have authority to enact a zoning ordinance.  Due to procedural issues, the Court's analysis of the issue was limited. It concluded that the township's regulations imposing setback requirements were not preempted by county zoning statutes.  To read more, click here.

This exciting educational event will take place April 17-19, 2013 in Omaha, Nebraska. Hosted by the University of Nebraska, Omaha and Peter Kiewit Institute, the Symposium will provide 1 days of intensive, focused learning opportunities for local elected officials and IT staff regarding cybersecurity.

 

There will be a number of panel discussions, as well as keynote speakers, who are national experts on cybersecurity. Throughout the program, attendees will learn about cyber policies at the local level, mitigating cyber threats, how to respond to an emergency as well as best practices and solutions that counties can adopt. This will be an event that you do not want to miss! The Cyber for Counties program is in conjunction with NACo President Chris Rodgers' 2013 Presidential Initiative.

 

To learn more, click here.

The NACO 2013 Directory of County Officials is now available.  The directory is an annual publication that provides names and addresses for elected and appointed county officials in the state.  A directory is available for $17.00 if non-taxable and $18.00 if taxable.  To order, click here.
County_Board_Handbooks2012 County Board  Handbook and Revisions Now Available
The 2012 County Board Handbook and related revisions are available now.  The cost for a current handbook, including legislative information from the 2012 session, is $80.00/book plus $17.00 shipping and handling (this amount increased from $15.45 due to USPS postage rate increase in January) per book.  The 2012 Supplement to the County Board Handbook is available for $20.00 plus $5.00 shipping and handling. The order form is available on the NACO website here.  For questions, contact Wendy Kelly by clicking here or call her at (402) 434-5660 ext. 223.
News_Across_The_StateNews Across the State
Links are to outside sources and may not be available indefinitely.
  
Lincoln Journal Star, 2/27/2013
  
Lincoln Journal Star, 2/28/2013
  
McCook Daily Gazette, 3/6/2013
  
York News Times, 3/6/2013
Nebraska Association of County Officials
625 South 14th Street Suite 200 | Lincoln, NE 68508 | 402-434-5660