NACO_E-News_Header
August 23, 2013                                                               www.nacone.org  I  NACO E-Line Archive 

Upcoming Events

 

Southeast District Meeting

September 5

I-80, Mahoney Park

 

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

 

NACO 119th Annual Conference

December 11-13

Omaha, CenturyLink Center 

 

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

Conference Matters  

NACO Announces Partnership with Center for Internet Security for Discounted Cyber Security Training 

National Association of County Civil Attorneys  

Grandfathered Plans Under the Patient Protection and Affordable Care Act

Open Meetings Posters Available    

Legal Line  

NACo Prescription Drug Program 

County Government Day PowerPoint 

County Directories 

2012 County Board Handbook and Revisions 

News From NACo 

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. 

NACO_Announces_PartnershipNACO Announces Partnership with Center for Internet Security for Discounted Cyber Security Training
NACO has entered into a partnership with the nonprofit Center for Internet Security (CIS) to help NACO members improve their cyber security posture by implementing industry-recognized training programs for both end users and IT professionals. In response to the increasing need for training, and the fiscal constraints of its members, NACO has joined forces with CIS and industry leaders to make a broad array of cost-effective training options available to members. Training partners include the SANS Institute and Inspired eLearning, which are providing end user awareness training, and (ISC)²® which is providing IT professional training and certifications.  

The cyber threat landscape continues to present challenges to organizations, and while having proper security controls in place is an important layer of protection, having trained users is critical, as attackers are more frequently targeting individuals as a means to gain access to an organization. In the Aftermath of a Data Breach Study, issued by the Ponemon Institute in 2012, more than one-third of survey respondents whose organization had experienced a data breach indicated the cause was human error.  Industry best practices consistently cite training as a critical component of any organization's cyber security strategy.

Company and product choices for the aggregate training offerings were selected by CIS because of their applicability to the Critical Security Controls, one of the leading security guidelines, and with input from a product review board comprising representatives from the CIS community, including Chief Information Security Officers from state and local government and educational entities.

"We are pleased to work with NACO and our training partners to help make this important opportunity available as we collectively strive to improve our security defenses," said Kristin Judge, Executive Director, CIS Trusted Purchasing Alliance program.

NACO members who are interested in learning how to take part in any of the CIS aggregate procurements can contact Larry Dix at larrydix@nacone.org  or 402-434-5660 ext. 226.

About the Center for Internet Security
The Center for Internet Security (CIS) is a nonprofit organization focused on enhancing cybersecurity readiness and response. CIS works through four complementary divisions - Security Benchmarks, Multi-State ISAC, Trusted Purchasing Alliance, and the Integrated Intelligence Center - all offering high-quality, timely products and services to help partners achieve security goals through expert guidance and cost-effective solutions. With a commitment to excellence through collaboration, CIS acts as a trusted central resource for cybersecurity in the private and public sectors. Learn more at cisecurity.org or follow @CISecurity on Twitter.
National_Association_County_Civil_AttorneysNational Association of County Civil Attorneys
The NATIONAL ASSOCIATION OF COUNTY CIVIL ATTORNEYS (NACCA) is an affiliate organization of the NATIONAL ASSOCIATION OF COUNTIES (NACo), whose membership is composed of attorneys representing counties throughout the United States.  NACCA is dedicated to advancing the interests and education of attorneys who represent county governments and their agencies.  The organization seeks to help county attorneys keep apprised of cutting edge legal issues facing county governments, and helps to identify best practices in resolving issues confronting local county departments and agencies.

NACCA holds its annual meeting each year in conjunction with the NACo annual conference and exposition.  In addition to its annual meeting, the organization also holds a meeting during NACo's legislative conference each year, giving local county attorneys an opportunity to voice their opinions and concerns to members of Congress. NACCA's meetings provide an opportunity for attorneys to network with other legal professionals from around the country, as well as with the local elected officials that seek their guidance. Individuals interested in becoming a member of NACCA may fill out the 2013-2014 Annual Application and Dues Invoice by clicking here.
Grandfathered_Plans_Under_PPACA
Grandfathered Plans Under the Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act (Affordable Care Act) provides many new, important protections for consumers who have or who are seeing private health insurance.  These protections will help make private coverage more accessible and affordable, and they will improve the quality of coverage for enrollees.  However, many of these protections apply differently to health plans that existed on the day the law was enacted, known as "grandfathered plans," than they do to new plans.  To read more, click here.
Open_Meetings_PostersOpen Meetings Posters Available                             

During the 2013 legislative session, legislation modified the Open Meetings Act.  As a result, NACO has provided each county with a poster to reflect the changes made.

 

Provisions of NEB. REV. STAT. section 84-1412(8) state: "Public bodies shall make available at the meeting or the instate location for a telephone conference call or videoconference, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting. Public bodies shall make available at least one current copy of the Open Meetings Act posted in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public shall be informed about the location of the posted information."  The poster will assist your county in fulfilling those requirements upon the legislation's effective date.

 

The changes to the Open Meetings Act during the 2013 legislative session include: 

 

LB 510 (2013) amends section 84-1411 and is effective September 6, 2013.  The bill would permit the Educational Service Unit Coordinating Council to hold meetings by videoconferencing or telephone conference.  The full text of LB 510 may be viewed here.

 

NACO has also posted the Act on our website with changes made by LB 510 with the September 6, 2013 effective date included on the bottom of the document.  Additional posters can be purchased for $5.00 plus shipping and handling.  Please contact Wendy Kelly at phone 402.434.5660, ext. 223 or e-mail wendy.kelly@nacone.org for additional information.

 

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 of Appeals Decides Tort Case

The Court of Appeals in Jacobson v. Shresta, 21 Neb. App. 102, ___ N.W.2d ___ (2013), considered an appeal related to a wrongful death action, predicated upon medical malpractice against two medical doctors. The district court entered judgment in favor of the medical doctors, determining that they were employees of a hospital that is a political subdivision and that they were acting within the scope of their employment at the time of the alleged negligence. The court dismissed claims and determined that the plaintiffs failed to comply with the one year presentment requirement of the Political Subdivisions Tort Claims Act (Tort Claims Act). The Court of Appeals affirmed the lower court's decision.  

In this case, the plaintiffs contested several issues.  After considering an issue related to a motion to bifurcate the medical doctors' employment status with the hospital, the Court evaluated four assignments of error pertaining to the issue of whether the trial court erred in determining that the defendants were employees of the Hospital, rather than independent contractors.

Neb. Rev. § 13-902 provides:  

[N]o political subdivision of the State of Nebraska shall be liable for the torts of its officers, agents, or employees, and . . . no suit shall be maintained against such political subdivision or its officers, agents, or employees on any tort claim except to the extent, and only to the extent, provided by the . . . Tort Claims Act.


Neb. Rev. §  13-920(1) states:  

No suit shall be commenced against any employee of a political subdivision for money on account of . . . personal injury to or the death of any person caused by any negligent or wrongful act or omission of the employee while acting in the scope of his or her office or employment . . . unless a claim has been submitted in writing to the governing body of the political subdivision within one year after such claim accrued . . .

 .
The parties did not dispute that the Hospital is a political subdivision. Although not a jurisdictional prerequisite, the filing or presentment of a claim to the appropriate political subdivision is a condition precedent to commencement of a suit under the Tort Claims Act. In this case, it was agreed by the parties that the plaintiffs failed to submit a claim as required by the Tort Claims Act. The plaintiffs were bound by the requirements of the Tort Claims Act only if the doctors were "officers, agents, or employees" of the Hospital. See § 13-902.

 "Employee shall not be construed to include any contractor with a political subdivision." § 13-903(3). An independent contractor is one who, in the course of an independent occupation or employment, undertakes work subject to the will or control of the person for whom the work is done only as to the result of the work and not as to the methods or means used.

To determine whether one performs services for another as an employee or as an independent contractor, the following factors must be considered:

 

1.    the extent of control which, by the agreement, the employer may
       exercise over the details of the work;
2.    whether the one employed is engaged in a distinct occupation
       or business;
3.    the kind of occupation, with reference to whether, in the locality, the
       work is usually done under the direction of the employer or by a
       specialist without supervision;
4.    the skill required in the particular occupation;
5.    whether the employer or the one employed supplies the
        instrumentalities, tools, and the place of work for the person doing the
        work;
6.    the length of time for which the one employed is engaged;
7.    the method of payment, whether by the time or by the job;
8.    whether the work is part of the regular business of the employer;
9.    whether the parties believe they are creating an agency relationship;
       and
10. whether the employer is or is not in business.


With regard to the medical doctors' employment status, the plaintiffs argued that the trial court erred in finding that the employment agreements described an employer-employee relationship and contained no language specifically stating that they are considered employees, rather than independent contractors.   The Court of Appeals evaluated each of the ten factors.

In summary, the Court found there are a few factors that weigh in favor of an independent contractor status or that are neutral factors, but there was also substantial evidence of the Hospital's control over the medical doctors in performing medical services and multiple factors that support the trial court's finding that they were employees of the Hospital. Given that reasonable inferences could be drawn from the record, it was an appropriate question of fact for the trial court to determine.

After analyzing whether the doctors' assertion of coverage under the Nebraska Hospital-Medical Liability Act (NHMLA) was barred from asserting the one year notice provision of the Tort Claims Act based on the doctrines of waiver and equitable estoppel, the Court of Appeals found that the operation of the NHMLA did not excuse the plaintiffs from compliance with the Tort Claims Act, and the doctors did not waive and were not equitably estopped from asserting the plaintiffs' failure to comply with the one year notice provision of the Tort Claims Act.

 

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_LogoPresident Langston to Focus on Ready, Resilient Counties
NACo President Linda Langston will have a single key presidential initiative this year.  Ready and Resilient Counties - Prepare, Respond, Thrive.

To read more, click here.
News_Across_The_StateNews Across the State
Links are to outside sources and may not be available indefinitely.

Beatrice Daily Sun, 8/22/2013 
Nebraska Association of County Officials
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