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April 5, 2013                                                                   www.nacone.org 
 NACO E-Line Archive 

Upcoming Events

CVSO Spring Annual Training Conference

April 15-19, 2013

Sandhills Convention Center

North Platte, NE

 

NE ARMA Chapter Spring Seminar: Managing Records in Today's Social & Mobile Society

April 17, 2013

Scott Conference Center

Omaha, NE

 

NACO's Counties' Legislative Day

April 18, 2013

State Capitol

Lincoln, NE

 

County Board of Equalization Workshop

May 9, 2013

Younes Conference Center 

Kearney, NE 

 

Highway Superintendents, Surveyors, Engineers Workshop 

June 11-13, 2013

Niobrara Lodge 

Valentine, NE

 

Clerks, Election Commissioners, Register of Deeds Workshop 

June 12-14, 2013

Holiday Inn Convention Center

Kearney, NE

 

Treasurers Workshop 

June 18-20, 2013

Holiday Inn

Sidney, NE

 

Clerks of the District Court Workshop

June 19-21, 2013

St. Benedict Center

Schuyler, NE

 

To view all upcoming events click here.

 

 

 

 

 

 

 

 

 

 

        

 

BCBS 2013   

 

 

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

NACO Salary Survey to be Conducted

County Board of Equalization Workshop to be Held in May

Nebraska Access Program

NACo to Offer First National Cyber Symposium

Legal Line

County Government Day PowerPoint Available

County Directories Available

2012 County Board Handbook and Revisions Available

News From NACo

County Classifieds

Associate & Sustaining Members

NACO Education Foundation Memorial Program

 

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.  Surveys have been 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 at the Younes Conference Center.  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 of which 4.75 hours have been approved for continuing education credit for assessors with the Nebraska Property Tax Administrator.  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 and the Hampton Inn. Rates for lodging are $86.95 single/double. Reservations at the Holiday Inn can be made by calling (308) 237-5971. Reservations at the Hampton Inn can be made by calling (308) 234-3400.  Be sure to mention that you are with the NACO Board of Equalization Workshop to receive the reduced rate.
Nebraska_Access_ProgramNebraska Access Program
The Federal Lands Access Program (Access Program) provides funds for work on public highways, roads, bridges, trails, and transit systems that are located on, are adjacent to, or provide access to Federal lands. These facilities are owned or maintained by a state, county, town, township, tribe, municipal, or local government. This program is a new program, being created under Moving Ahead for Progress in the 21st Century (MAP-21). This program places emphasis on projects that provide access to high-use recreation sites or economic generators.
  
Administering the Program
In the coming months, Central Federal Lands highway Division (CFLHD) will be working with each of the states under its jurisdiction to develop each state's Programming Decisions Committee (PDC). The PDC will be responsible for selecting projects for each state's Access Program. the PDC will establish project selection criteria and administering calls for projects.
  
Call for Projects
The Nebraska Access Program is administering a Call for Projects through May 15, 2013. For more information, or to submit an application, please click here.
CyberNACo To Offer First National Cyber Symposium

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.

Legal_LineLegal Line
Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This edition 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.
 
Court Denies Inverse Condemnation Action

In Henderson v. City of Columbus, 285 Neb. 482, --- N.W.2d --- (2013), the Supreme Court considered the City's petition for further review of inverse condemnation issues following a decision by the Court of Appeals in Henderson v. City of Columbus, 19 Neb. App. 668, 811 N.W.2d 699 (2012).  Ultimately, the Supreme Court held that the homeowners did not establish an inverse condemnation claim and remanded the case to the Court of Appeals with directions to affirm the district court's decision for the City and against the homeowners on all theories of recovery.
  
The Supreme Court referenced provisions within the Nebraska and U.S. Constitutions connected to property and as it relates to eminent domain.  Two specific provisions referenced by the Court were:

* "The property of no person shall be taken or damaged for public use without just compensation therefor."  Neb. Const. art. I, 21.
 
* "[N]or shall private property be taken for public use, without just compensation." Fifth Amendment of the U.S. Constitution.
  
The Court then went on to restate its prior definition of inverse condemnation as a short-hand description for a landowner suit to recover just compensation for a governmental taking of the landowner's property without the benefit of condemnation proceeds. Inverse condemnation has been characterized as an action or eminent domain proceeding initiated by the property owner rather than the condemnor, and has been deemed to be available where private property has been actually taken for public use without formal condemnation proceedings and where it appears that there is no intention or willingness of the taker to bring such proceedings.  Because the governmental entity has the power of eminent domain, the property owner cannot compel the return of the property taken; however, as a substitute, the property owner has a constitutional right to just compensation for what was taken.  (Citations omitted).  The initial question by the Court was "whether the taking or damaging occasioned by the governmental entity's exercise of its power of eminent domain."  The Court went on to further state "Only after it has been established that a compensable taking or damage has occurred then the consideration is given to what damages were proximately caused by the taking or damaging for public use."
  
In this case, the Supreme Court concluded "that regardless of whether the City's 'actions or inactions' proximately cased the [homeowner's] damages, ... [they] failed to establish the threshold element that their property was "taken or damaged for public use" by the City in the exercise of its power of eminent domain." Neb. Const. art. I, 21.  Thus, the homeowner's failed to establish that they were entitled to just compensation under the Nebraska constitutional clause regarding the taking or damage for public use. 
CountygovernementdaycdCounty Government Day PowerPoint Available
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 order form is available here.
The NACO 2013 Directory of County Officials is 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 Available
The 2012 County Board Handbook and related revisions are available.  The cost for a current handbook, including legislative information from the 2012 session, is $80.00/book plus $17.00 shipping and handling 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_From_NACoNews From NACo
NACo_Logo'Don't Mess With Our Bonds,' Locals
Tell Washington 
  
Chris Rodgers, NACo president, and leaders from the National League of Cities (NLC) and the U.S. Conference of Mayors (USCM) called on Congress and the Administration to reject proposed changes in the tax-exempt status of municipal bonds at a recent news media briefing in Washington, D.C. Those changes would cost counties billions of dollars and hurt their ability to finance local infrastructure projects, they said.  To read more, click here
  
To read more news from National Association of Counties, click here.
News_Across_The_StateNews Across the State
Links are to outside sources and may not be available indefinitely.
  
The Republic, 3/22/2013
  
Fremont Tribune, 4/2/2013
  
Beatrice Daily Sun, 4/3/2013
  
Star-Herald, 4/3/2013
  
York News Times, 4/3/2013
  
Columbus Telegram, 4/4/2013
Nebraska Association of County Officials
625 South 14th Street Suite 200 | Lincoln, NE 68508 | 402-434-5660