January 9, 2015 www.nacone.org I NACO E-Line Archive

Upcoming Events

New County Board Member Orientation
Lincoln, NE

January 17, 2015
North Platte
January 24, 2015

NACO Legislative Committee Meeting
NACO Office - Lincoln
January 30, 2015

Nebraska Weed Control Association Annual Conference

Kearney, NE

February 9-11, 2015

Clerks of the District Court Workshop

Kearney, NE

February 11-12, 2015

National Association of Counties Legislative Conference

Washington, DC

February 21-25, 2015

To view all upcoming events, click here.

WHO SUPPORTS NACO AND THEIR MISSION?

Associate 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.

In This Issue

New County Board Member Orientations

NACO's Legislative Committee Meeting Set for January 30

2015 NACO Scholarship Applications Available
Two New MIPS Board Members

2015 NACO Institute of Excellence

Grants Training in Omaha, NE - January 26-27

Legal Line

Platte Institute Issues Report on Impact of State Mandates

County Government Day PowerPoint

2015 County Official Directory Order Form

2014 County Board Handbook and Revisions

News From NACo

NACo Web-Based Education

News From Across the State

County Classifieds

Legal Calendar

Associate & Sustaining Members

New County Board Member Orientations

The Objective of NACO

The Nebraska Association of County Officials was organized in 1894 and formally incorporated in 1968. It is composed of 93 member counties and its express objective is to stimulate and contribute to the continuing improvement of county government in Nebraska through the promotion of increased efficiency and economy, the augmentation of a higher standard of public service, and the protection of the common good and general welfare of Nebraska county residents.

To ensure that its objectives are achieved, NACO regularly sponsors continuing education programs such as the January orientations that new county officials may attend, conducts research, publishes educational materials, administers cost saving programs, and represents the interests of Nebraska counties before the state and federal governments, agencies, and courts.

Orientation Times and Locations

To further educate and provide awareness for new county board members, NACO is hosting two orientations in January. The first one will be held in Lincoln on Saturday, January 17th at the NACO office at 1335 H Street from 1:00 to 3:00 p.m. The second orientation will be held at the Sandhills Convention Center, Quality Inn and Suites in North Platte on January 24th from 1:00 to 3:00 p.m.

There is no registration fee, but please register to attend so seating and materials supplied can be determined. A free County Board Handbook will be provided for those attending. If you are unable to attend, a County Board Handbook may be requested at a cost to you or your county.

Registration can be completed on the NACO website after creating a NACO registration ID. If you are having difficulties with registration, call Ashley Vandeloo at the NACO office at 402- 454-5660 Ext. 223, or send her an email by clicking here and telling her which session is your preference.

NACO's Legislative Committee Meeting Set for January 30

NACO's Legislative Committee will meet on January 30 to review and take positions on 2015 legislation. The meeting will begin at 8:30 a.m. at the NACO office at 1335 H Street in Lincoln.

After brief introductory remarks, affiliate groups will meet for discussion of bills pertinent to their membership. After the groups have met, the NACO Legislative Committee will reconvene as a whole to review and take positions on the entire list of bills. All county officials are encouraged to attend or discuss areas of concern with their NACO Board representative prior to the meeting.

Because lunch will be provided, please notify the NACO office at (402)434-5660 or leslie@nacone.org if you plan to attend. Because the Legislature is in session, parking around the Capitol may be limited. Public parking is not available behind the NACO office or in the MIPS lot. A parking garage is available at The Cornhusker, A Marriott Hotel at 12th and L Streets.

2015 NACO Scholarship Applications Available

Nebraska high school seniors who are the children, stepchildren, or under the legal guardianship of county officials or employees are encouraged to apply for one of twelve $1,000.00 NACO scholarships. Additional information and the application form can be found on the front page of the NACO website. The scholarship application deadline is March 1, 2015. To access the application from this article, click here.

Two New MIPS Board Members

The NACO Board of Directors has selected Amy Ramos, Scotts Bluff County Assessor and Connie Krotter, Holt County Treasurer to replace Ruth Jackson, Franklin County Assessor, and Gwen Greeley, Scotts Bluff County Treasurer. The selection was made at the December meeting during the annual NACO Conference in Omaha. Jackson and Greely both did not run for re-election and therefore are not eligible to serve on the MIPS Board of Directors. Continuing members of the MIPS Inc. Board of Directors are David Dowling, Cedar County Clerk; Deb Finn, Wayne County Clerk; Sandy Zoubek, Stanton County Treasurer; and Pat Sandberg, Hamilton County Assessor.

MIPS Inc. was created to provide Nebraska counties with custom written software, hardware (PC/AS400), product support, networking, and consulting services. MIPS Inc. offers to counties a full range of IBM AS400 and PC-based software packages.

The Nebraska Association of County Officials began offering automation services in 1991 when it purchased DataMasters of Kearney. Renamed Multi-County Information and Programming Services, or MIPS, this technology division of NACO supports counties using the IBM AS400 and Windows platforms. Almost every county in Nebraska utilizes one or more of MIPS' services.

2015 NACO Institute of Excellence

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

People elected and appointed to county office are perceived by the public as being leaders, capable of making decisions in the best interest of the people they serve. Leadership is more than just answering to the public, though. It's about listening and working with people to bring about change that ultimately leads to a better condition, place or situation.

To work with people better, leaders continuously seek opportunities to improve themselves. An opportunity for county officials is the 2015 NACO Institute of Excellence starting the first Thursday in March.

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 - whichever 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 before the end of the workday, Friday, 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:

Carroll Welte, Extension Educator

UNL Extension Burt County: (402) 374-2929

cwelte1@unl.edu

Phyllis Schoenholz, Extension Educator

UNL Extension Thayer County: (402)768-7212

pschoenholz1@unl.edu

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."

Grants Training in Omaha, NE - January 26-27, 2015

The Omaha Police Department and Grant Writing USA will present a two-day grants workshop in Omaha, January 26-27, 2015. This training is for grant seekers across all disciplines. Attend this class and you'll learn how to find grants and write winning grant proposals.

Click here for full event details.

Beginning and experienced grant writers from city, county and state agencies as well as nonprofits, K-12, colleges and universities are encouraged to attend.

Multi-enrollment discounts and discounts for Grant Writing USA returning alumni are available. Tuition payment is not required at the time of enrollment.

Tuition is $455 and includes all materials: workbook and accompanying 420MB resource CD that's packed full of tools and more than 200 sample grant proposals. Seating is limited, online reservations are necessary.

Complete event details including learning objectives, class location, graduate testimonials and online registration are available here.

Contacts:

The Client Services Team
at Grant Writing USA
800.814.8191
cs@grantwritingusa.com

Sgt. Kurt Sorys
Omaha Police Department
402.444.4116
Kurt.Sorys@cityofomaha.org

More than 10,000 agencies across North America have turned to Grant Writing USA for grant writing and grant management training.

Legal 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.

Court Finds Change of Access Points is not Inverse Condemnation

The Nebraska Court of Appeals upheld a district court's summary judgment ruling in an inverse condemnation action in Buck's, Inc. v. City of Omaha, 22 Neb.App. 541, __ N.W.2d __ (2014).

Buck's is a Nebraska corporation operating a gas station in Omaha. Prior to the construction, there were three access points to the Buck's property. When the City of Omaha eliminated a cut in the median, eastbound traffic was prevented from turning left directly into Buck's property but westbound traffic continued to have direct access and the other two entrances remained.

Buck's instituted an inverse condemnation action against the city and was awarded $30,000 in damages. Both parties appealed to the district court and filed cross-motions for summary judgment. At the summary judgment hearing, the City offered into evidence affidavits of the city engineer and right-of-way manager. Buck's objected to the affidavits. Ultimately, the motion for summary judgment was entered in favor of the City. Buck's appealed on the issues of receiving the affidavits as evidence and the summary judgment motions.

The Court examined the admissibility of the city employees' testimony and found that their affidavits contained relevant information because their personal knowledge of the project formed the basis for their factual statements.

The Court next examined Buck's assertion that the district court erred in denying its motion for summary judgment and granting summary judgment in favor of the City. Buck's argued that the City substantially impaired ingress to and egress from its property, resulting in a compensable taking. The Court disagreed and found no error with respect to the district court's ruling.

The Court reviewed case law (citations omitted) providing that the right of an owner of property abutting a street or highway to have ingress to and egress from his or her premises by way of the street is a property right in the nature of an easement in the street. The owner cannot be deprived of this right without due process of law and compensation for loss. However, the right of access is not an unlimited one and damages sustained because of a diversion of traffic due to double lines, islands, and medians is not compensable. Because elimination of the median cut constituted a change in the flow of traffic that affected Buck's in the same manner as the general public, the Court found no merit in the appeal.

The full text of the opinion is available here:https://supremecourt.nebraska.gov/ sites/supremecourt.ne.gov/files/coa/opinions/a13-980.pdf

Platte Institute Issues Report on Impact of State Mandates

Unfunded mandates may have a disproportionately large effect on rural counties according to a December 2014 report by the Platte Institute. The study was intended to understand some of the reasons why property taxes are high in comparison to other states. It compared general fund expenditures in Butler, Douglas, and Sheridan counties and noted that there is also spending from other funds. In addition, some counties have chosen to perform functions, particularly in the area of social services, that the state does not mandate.

The study concluded that spending discipline is the central tool for reducing property taxes. Because some areas are difficult to cut, two other options are presented. County services that are mandated by the state without corresponding financial support could either be paid directly by the state or, in the alternative, funding could be provided to local government earmarked for such services. This would result in a redistributive effect in which the taxation would occur at a different level of government.

The full text of the report is here: http://www.platteinstitute.org/research/detail/state-mandates-how-do-they-impact-property-taxes

County 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 .

2015 County Official Directory Order Form

NACO's 2015 Directory of County Officials is a valuable resource that not only gives you names, addresses, phone numbers, fax numbers and e-mail addresses of every county official in the state, but includes a listing of county board meeting days, NACO districts, county seats, NACO officers and directors, affiliate officers and NACO staff. In January, county clerks for each county will receive one complimentary copy of the directory intended for use by all offices in their courthouse. For additional copies, click here for the order form.

2014 County Board Handbook and Revisions

The 2014 County Board Handbook and related revisions are now available. The cost for a current handbook, including legislative information from the 2014 session, is $80.00/book plus $18.00 shipping and handling per book. The 2014 Supplement to the County Board Handbook is available for $25.00 plus $5.00 shipping and handling. The order form is available on the NACO website here. For questions, contact Ashley Vandeloo by clicking here or call her at (402) 434-5660 ext. 223.

News From NACo

Join NACo January 21-23, 2015, in Charleston County, S.C., for an educational forum on Optimizing Health, Justice and Public Safety in Your County!

As part of the NACo health, justice and public safety programming and policy areas, NACo is hosting this forum to bolster leadership in local health and justice systems and emergency management responsibilities.

The forum will feature discussions on:

Behavioral health interventions
Health coverage and the justice system
Collaborative partnerships
Emergency Management Roundtable

Through keynote presentations, panel discussions, mobile workshops and group dialogues, county leaders will learn more from national leaders and from their peers' first-hand experiences.

Who Should Attend?

This forum is aimed at elected and appointed county officials, key county staff members and local stakeholders working in health, justice, human and social services, emergency management and related fields.

Featured Speakers:

The Honorable Patrick J. Kennedy, Former United States Representative, Rhode Island; Co-Founder, One Mind for Research and Founder, Kennedy Forum

Representative Patrick Kennedy served 16 years in the U.S. House of Representatives, and is predominantly known as author and lead sponsor of the Mental Health Parity and Addiction Equity Act of 2008. This dramatic piece of legislation provides tens of millions of Americans who were previously denied care with access to mental health treatment.

Judge Steven Leifman, Associate Administrative Judge in the Miami-Dade County Court Criminal Division and Special Advisor on Criminal Justice and Mental Health for the Supreme Court of Florida

Judge Steven Leifman is at the forefront of a public policy movement in the criminal justice system to reduce the number of people with mental illness in prison, and to develop alternative approaches that offer treatment and support for recovery.

James Bell, Founder and Executive Director of the W. Haywood Burns Institute

Mr. Bell has been successfully working to reduce racial and ethnic disparities in the youth justice system in over 100 counties across the United States. He works closely with judges, law enforcement, probation, attorneys, community organizations, youth and families to engage this seemingly intractable problem.

Ian Galloway, Senior Research Associate, Community Development at the Federal Reserve Bank of San Francisco

Mr. Galloway researches and presents regularly on a variety of community development topics including crowdfunding, investment tax credits, the social determinants of health, impact investing, and Pay for Success financing (Social Impact Bonds).

Dr. Altha J. Stewart, Executive Director of the Just Care Family Network in Shelby County, Tennessee

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.

How to register:

Registration is required. Register online here.

Registration deadline: Wednesday, December 31, 2014

For more information, contact NACo Program Manager Emmanuelle St. Jean at estjean@naco.org / 202.942.4267 or NACo Program Manager Kathy Rowings at krowings@naco.org / 202.942.4279.

For registration information and questions, please contact the NACo Meetings Call Center nacomeetings@naco.org/ 202.942.4292.

NACo Web-Based Education

The Excise Tax on High-Cost Health Insurance and Your County

Feb 12, 2015

Join us to learn what the excise tax on high-cost health insurance (also known as the "Cadillac Tax") is and what it means for your county. With constrained county budgets and rising health care costs, the tax may significantly impact your county employees, budgets and taxpayers. Counties cannot afford to wait until 2018 to develop a strategic solution. The speakers will share what strategies counties can begin to take to mitigate their liability.

Click here for webinar details

To view NACo's entire web-based education listing, click here.