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July 12, 2013                                                                  www.nacone.org  I  NACO E-Line Archive 

Upcoming Events

 

Assessors Workshop

August 26-29

Holiday Inn, Kearney

 

Central District Meeting

September 19

Kearney, Ramada Inn

 

Northeast District Meeting

September 20

Schuyler, St. Benedict Center

 

Panhandle District Meeting

September 25

Bridgeport, Community Center

 

West Central District Meeting

September 26

Ogallala, Grey Goose Lodge

 

Register of Deeds Workshop

October 9

Kearney, Holiday Inn

 

NACO Legislative Conference

October 10

Kearney, Holiday Inn

 

To view all upcoming events, click here.

 


 

 

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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 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

Conference Matters 

Conflicts of Interest and Pipelines 

Notice of Comment Period for Court Rules 

Juvenile Services Aid and Enhancement Available, Applications Due August 5 

Legal Line 

Tax Modernization Committee Establishes Meeting Dates for Public Hearings 

Open Meetings Posters  

NACo Prescription Drug Program 

County Government Day PowerPoint 

County Directories 

2012 County Board Handbook and Revisions 

News From NACo 

NACo Web-Based Education 

News Across the State 

Legal Calendar  

County Classifieds*

Associate & Sustaining Members 

NACO Education Foundation Memorial Program 

 

 

Conference_MattersConference Matters

Lodging

Lodging for NACO's 119th Annual Conference became available on May 10, 2013 at 10:00 a.m. CST.  The conference will be held in Omaha December 11-13 and this year you will be able to make lodging reservations electronically by visiting the Omaha Convention & Visitors Bureau website and clicking on NACO's microsite.  The link to the microsite is available here and is also posted on NACO's website.  Once you click on NACO's microsite, you will be able to choose the contracted  hotel of your choice along with the dates you will require for lodging.  Initially, a valid credit card will be required for securing your lodging.  Once you have secured your lodging via credit card, you will be able to access a credit application for direct billing and will be required to complete and submit a tax exempt form (all forms will be available on the microsite).

 

Planning

NACO has sent, via e-mail, planning grids and cut off dates to each affiliate group leader requesting that each group plan their sessions for the upcoming Annual Conference in December.  If you have a topic that you would like to have addressed at the conference, please contact your affiliate group president so they may consider it for the agenda.

 

Opening Session Speaker 

NACO Aaron Davishas contracted for Aaron Davis, member of Nebraska's 1994 National Champion football team, to deliver the opening session address to conference attendees at this year's conference in Omaha.

  

Aaron is not just a speaker "telling" individuals how to succeed.  He is in the trenches every day as the President of his own consulting firm, Aaron Davis Presentations, Inc., the Chief Operations Officer of The Thomas Group, and the co-founder of several other profitable business ventures.

  

Aaron Davis Presentations, Inc. received the Chamber of Commerce Outstanding Minority Owned Business award while Toastmasters International awarded him the Communications & Leadership Award.  Rotary International also presented him with the prestigious Paul Harris Fellow Award.  In addition, his business management certification seminars for the University of Nebraska have received some of the highest ratings in the program's twenty-four year history!

 

Courage, mental toughness and the ability to change and adapt quickly are just a few characteristics that all champions possess.  As a member of the Nebraska 1994 National Championship football team (considered by some as one of the best teams ever assembled), Aaron has a keen understanding of what it takes to achieve incredible results.  In his presentation, "Perform Like a Champion" conferences attendees will learn strategies to remain mentally tough in a competitive environment; they will be encouraged to never lose the ability to laugh at themselves and to have fun; and they will learn tips on how to adapt to change quickly while still enjoying the ride.

 

Plan now to attend NACO's 119th Annual Conference in Omaha. You won't want to miss this opening session presentation.

 

Watch for conference registration to open on NACO's website soon.  To view a conference overview and tentative agenda, click here. 

Conflicts_Of_InterestConflicts of Interest and Pipelines
                
A recent overview about conflicts of interest, pipelines and the Nebraska Political Accountability and Disclosure Act (NPADA) was prepared by Frank Daley of the Nebraska Accountability and Disclosure Commission.  Although the information was essentially targeted to conflicts of interest related to pipelines, the overall basics related to conflicts of interest and the NPADA can be utilized for other issues that county officials encounter in their decision-making.
  
After it came to our attention that multiple county officials had questions about potential conflicts of interest as they relate to decisions associated with the proposed Keystone XL Pipeline project, we contacted the Accountability and Disclosure Commission and asked for assistance.  Subsequently, we received a document from them.  This document can be viewed by clicking here.
  
Information about the Accountability and Disclosure Commission and the topics they oversee can be found by clicking here.  Contact information for the Commission is included in the above referenced document.
NoticeofCommentNotice of Comment Period for Court Rules
The Appellate Automation Advisory Committee submitted to the Nebraska Supreme Court proposed amendments to Neb. Ct. R. App. P. � 2-116(B)(1) Presentence Report. The proposed rule amendments update the materials to be included in the presentence report, the procedure as to how the presentence report is transmitted to the Clerk of the Nebraska Supreme Court and Court of Appeals, and how the presentence report may be examined by the defendant, his or her counsel, or counsel for the State.
  
The Nebraska Supreme Court invites interested persons to comment on these proposed rules no later than September 1, 2013.
  
The full text of the proposed rule amendments is available by clicking here, or a hard copy may be obtained from the office of the Clerk of the Supreme Court and Court of Appeals upon request.
Juvenile_Justice_Grant_ApplicationJuvenile Services Aid and Enhancement Available, Applications Due August 5                             

The announcement for the availability of 2013 State Community Based Juvenile Services Aid (CA) and 2013 State Community-based Juvenile Services Aid Enhancement (EG) LB 561 Funds has been posted on the Crime Commission's website.  Click here to view the announcement.  Counties and federally recognized or state recognized Indian Tribes are the only eligible applicants.

 

There is $1,522,425 available for Community Based Juvenile Services Aid based upon the passage of LB 561 A during the 2013 legislative session.

 

Amounts available to each county under Community-based Juvenile Services Aid is included within the CA instruction document on the Crime Commission's website.  Additionally, the source and purpose of the funds, funding limitations, match requirements and additional instructions are provided on the instruction document.

 

Importantly, the due date for the Application for the 2013 Community Based Juvenile Services Aid and Enhancement applications is August 5, 2013 at 5:00 p.m. CDT.

 

2013 Byrne Justice Assistance Grant

Applications and instructions are also available for the 2013 Byrne Justice Assistance Grant by clicking here.  The application period for this grant closes August 5, 2013 at 5:00 p.m. CDT.        

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 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.
  
Child Support Lien Releases Constitute Unauthorized Practice of Law

A recent advisory opinion by the Commission on the Unauthorized Practice of Law (UPL Commission) serves as a reminder of the sometimes fine line between providing customer service and violating prohibitions against practicing law without a license.  The opinion concluded that a Nebraska title company's preparation of documents for the release or subordination of child support liens constitutes the unauthorized practice of law.  Click here to read more.

The UPL was also involved in a Nebraska Supreme Court case decided last month.  In State ex rel. Commission on Unauthorized Practice of Law v. Hansen, 286 Neb. 69, ___ N.W.2d ___ (2013), an Omaha man maintained a website selling presentations on evictions and common law liens. He held himself out as a lawyer and counsel, but not as an attorney.   The Court concluded that his conduct was deceptive and enjoined him from engaging in the unauthorized practice of law.

To view the case, click here.

The UPL Commission operates under the rules of the Nebraska Supreme Court.  Under Neb. Ct. R. �3-1001, the practice of law is defined as, "the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person which require the knowledge, judgment, and skill of a person trained as a lawyer." The definition goes on to list examples, including giving advice or counsel, drafting legal documents, and representing other persons in court, among other things.

If you are uncertain whether an action would be considered the unauthorized practice of law, the complete rules are available here.

You may also wish to contact the UPL Commission at 402.475.7091.
 
Tax_Modernization_CommitteeTax Modernization Committee Establishes Meeting Dates for Public Hearings                                              
The Tax Modernization Committee met this week and received an overview of the Nebraska tax code from staff of the Legislative Revenue Committee and Fiscal Office.  The committee announced several dates for public hearings.
  
To read more, click here.
Open_Meetings_PostersOpen Meetings Posters                             
During the 2013 legislative session, LB 510 was passed by the Legislature.  This legislation includes provisions modifying the Open Meetings Act.  While the modifications in the legislation do not directly impact counties or county entities, they are indirectly impacted by Open Meetings Act provisions that require a public body to post a current copy of the Act in its meeting room.  One free copy will be sent to each county clerk during the week of August 12, 2013 in sufficient time for the posters to be posted prior to the September 6, 2013 effective date of the new legislation.  Additional copies of the posters are available for $5.00 plus shipping and handling.  If you or other county entities would like additional copies, please contact Wendy at wendy.kelly@nacone.org.
NACo_Prescription_Drug_ProgramNACo Prescription Drug Program
CountygovernementdaycdCounty 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.
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
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_LogoEmerging Trends and Threats on the Cyber List for 2013
During 2012, cyber security incidents included theft of public and private intellectual property, hacktivism, ransomeware, malware targeting mobile devices, and a surge of other malware, Black Hole Rootkit and Zero Access Trojan.  What are we seeing in 2013?
  
Click here to read more.
  
Grants for Public Safety Broadband network coming soon . . . Counties Encouraged to Plan Now
If you want to have an impact on how your state builds out its interoperable public safety communications network, you need to be aware that states will soon be receiving grants to plan their networks.
  
Click here to read more.
NACo_Web_Based_EducationNACo Web-Based Education                             

NACo Dental Discount Program

Wednesday, July 21, 2013

2:00 PM - 3:00 PM Eastern Time

NACo offers a discount dental card program exclusively for member counties.  The program provides 5% to 50% savings on most dental procedures including routine checkups, cleanings, dentures, root canals, crowns and more.  This plan is not insurance, but is a discount plan where everyone is accepted with unlimited use.  Hear a presentation from key NACo staff and representatives of the program administrator.

 

To read more, click here.

 

To register, click here.

News_Across_The_StateNews Across the State
Links are to outside sources and may not be available indefinitely.
  
Lexch.com, 6/25/2013
  
North Platte Telegraph, 7/2/2013
  
Columbus Telegram, 7/9/2013
  
Beatrice Daily Sun, 7/10/2013
  
Fremont Tribune, 7/11/2013
Nebraska Association of County Officials
625 South 14th Street Suite 200 | Lincoln, NE 68508 | 402-434-5660