The 2015 NACO Institute of Excellence Begins Soon - Enroll Today!  

Much of the time serving as an elected official and leading county government is typical of a managerial position in the business world. Officials make decisions and manage the work to best serve their constituencies. Every so often, though, issues pop up that test the abilities of even the most seasoned officials. Quickly the role of being a manager shifts to the role of being a leader. To switch roles effectively one has to understand the difference in skills and qualities required.

The NACO Institute of Excellence is a year-long program of professional development for county officials. Enrollment is now open for the 2015 Institute beginning in March. Several areas of personal leadership development will be presented including one's:

• personality preferences and leadership behaviors,
• leadership mission, and
• active listening skills.

Further into the year participants will learn skills for

• managing conflicts,
• leading meetings, and
• corresponding with legislators.

Topics about influencing others and innovative thinking will move officials to lead at a higher level.

The Institute training sessions start at 9:00 a.m. and will end by 3:30 p.m. Training sessions will be presented in North Platte at the University of Nebraska West Central Research and Extension Center on the first Thursdays in March, May, July and September. The sessions will be offered again on the second Thursdays of those months in Lincoln at the University of Nebraska Extension Office in Lancaster County. Everyone comes together in December to apply what they've learned.

Participants can attend in either North Platte or Lincoln - which ever location fits into one's schedule best. For more details click on meeting locations and the program schedule here and on the NACO webpage.  To receive a Certificate of Achievement at the 2015 Annual NACO Conference next December, participants in the Institute must attend at least 4 of the 5 trainings.

The registration fee for participating in the program is $250 per official. NACO will bill the counties for the registration fees after the Institute starts. To enroll fill out the online NACO and NE Extension registration form by February 13th.  

Soon after the deadline, enrollees in the 2015 Institute of Excellence will receive additional information about the program from Nebraska Extension Educators, Carroll Welte and Phyllis Schoenholz. Their contact information follows:

UNL Extension Burt County: (402) 374-2929                        

[email protected] 

Phyllis Schoenholz,  Extension Educator

UNL Extension Thayer  County: (402)768-7212                                              

[email protected] 

To become better at shifting between manager and leader, enroll today in the NACO Institute of Excellence. According to one graduate, "...incremental change can result in big rewards." 

Reorganization Meetings to Occur in January and New Officials Sworn In

With elections, arise questions of swearing in dates and related issues. A repeat publication of this article is intended to provide another review, since NACO still continues to field questions of this type. 

Term of Office and January Organizational Meetings

"Unless otherwise provided by the Nebraska Constitution or by law the terms of all elected officers begin on the first Thursday after the first Tuesday in January next succeeding their election."  See Art. XVII, � 5.  That date is January 8 in 2015.

In supervisor counties, the regular meetings of the county board are to be held in January and the board at its regular meeting of each year must organize by choosing one of its number as chairman, who shall preside at all meetings of the board during the year; and in case of his absence at any meeting, the members present shall choose one of their number as temporary chairman.  Sections 23-272, 23-274.  Similarly, � 23-156 provides the board of county commissioners at its regular meeting in January of each year must elect a chairman of the board to serve for the ensuing year, and such chairman shall sign all warrants on the treasurer for money to be paid out of the county treasury. If the meeting occurs prior to January 8 the board would be comprised of the "old" board members. If the meeting occurs on January 8 or after, the board would include the newly elected board members.

Oath of Office

Provisions for the oath of office are addressed in Neb. Rev. Stat. �� 11-101 et seq. The oath of office in � 11-101 must be subscribed by county officers and filed in the office of the county clerk. The oath includes language related to what an individual swears to do and not do as an officeholder. Section 11-105 contains additional pertinent language and it provides in part: Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the following time: Of all officers elected at any general election,not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election; of all appointed officers, within thirty days after their appointment. In other words, the official bonds with the oaths endorsed thereon must be filed in the county clerk's office not later than December 29, 2014 for individuals elected at the November 2014 general election.

The ten day provisions were added by LB 534 (1976) in conjunction with provisions in � 11-115 that address what is to occur if any individual elected or appointed to office fails to have his official bond executed and approved by law. Section 11-115 allows for an individual to properly file an official bond following a show cause for why he has failed to properly file such bond and why his office should not be declared vacant. The ten days provisions were added to statute for the purpose of providing notice to those elected officials required to provide a bond prior to taking office. The legislation was requested to be introduced by the Governor at the time. His basis for doing so was an event that had occurred in a county when a county board member thought he had filed a bond but he had not. The office was deemed vacant due to the failure of filing the bond. The legislation was intended to be corrective.

In Lieu of Individual Bonds

In addition to the above statutes, there are statutory provisions that provide: "In any county, in lieu of the individual bonds required to be furnished by county officers, a schedule, position, or blanket bond or undertaking may be given by county officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The county may pay the premium for the bond. The bond shall be, at a minimum, an aggregate of the amounts fixed by law or by the person or board authorized by law to fix the amounts, and with such terms and conditions as may be required by sections 11-101 to 11-130[.]" See Section 11-119(22). In other words, the swearing in date would not necessarily be required to occur for county officials ten days prior to January 8, 2014 because not all insurance providers require the filing of an oath in conjunction with insurance coverage that is allowed in lieu of an individual bond pursuant to Section11-119(22).    

Provisions Added By LB 311 (2013)

The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Article XVII, Section 5, of the Constitution of Nebraska. Section 11-105(2). Furthermore, in counties which provide a bond for county officers pursuant to subdivision (22) of Section 11-119, such county officers are not required to comply with the timing requirements of subsection (1) of this section with regard to their official bond but shall file their oaths of office in the proper offices prior to the beginning of their terms of office. Section 11-105(3).

Lastly, a provision was added to statutes so that Section 11-115 pertaining to officials who neglect to file their bonds does not apply to county officers covered pursuant to Section  11-119(22).  

Conclusion

So what does all of this mean? If an elected official fails to timely file official bonds with the oath by the appropriate time, the county clerk is required to immediately issue an order to such person to show cause why he has failed to properly file such bond and why his office should not be declared vacant. If such person properly files the official bond before the date for taking office for elected officials, such filing shall be deemed in compliance. Failure to file the bond before the date for taking office for elected officials, and the lack of sufficient cause being shown within that time, result in the individual's office being ipso facto vacant and shall vacancy must be immediately filled by election or appointment.

Conversely, if an elected official utilizes the provisions of � 11-119, the date of January 8, 2015 could be applicable for an officials swearing in. Despite which process is used, newly elected officials take office on January 8, 2015 based on the Nebraska Constitution and the 2015 calendar.

Regardless of the option utilized by a county and county officials, it is recommended that this issue be discussed with your county attorney, your bond provider and/or your insurance provider.

Should Officials Ending Their Term Be Paid Pro Rata Salaries? Answer: No

(Reprinted and Updated article)

In a related issue, the question "Are outgoing elected county officials entitled to any pro rata salary for the seven days in January that they continue to serve in office?" is addressed below.

This is a question the NACO office has been asked several times in past years and the response has been "No."  The question seems to arise every time a term of office ends, particularly when there is a significant turnover in county board members and county officials. Various new county board members and county officials will take the oath of office in January.  This question arises because Art. XVII, � 5 of the Nebraska Constitution establishes that the terms of all elected officers shall, rather than January 1, begin on the first Thursday after the first Tuesday in January immediately following their election. In 2015, that date will fall on January 8, so the terms of the outgoing county officials will continue through January 7. While it might seem unfair that there is no compensation owed to the outgoing official for this time period, and that the incoming official receives a full month's salary for January though not in office for the entire month, one must refer back to the applicable county salary resolution which governs this period and the underlying law to show why this is the result. It also must be remembered the outgoing official, or the predecessor if appointed to fill a vacancy, likely received a full month's salary for the first January of his or her term though not in office for the full month him or herself.

Dr. Stewart leads Shelby County's System of Care program working with the child welfare and juvenile justice systems to support children at risk of out-of-home placement. She is also the Director of Systems of Care for the Shelby County Public Defender, assisting in the development of a holistic juvenile defender unit.