In This Issue  

Southeast District Meeting Date  

County Board Workshop to be Held in June this Year 

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 

The Property Assessment Division has posted a news release to the Division's website for the County Assessor/Deputy Assessor Exam May 14, 2015.

If you have any questions, please contact the Policy/Legal Section of the Property Assessment Division.

The Second Biennial State Historic Preservation Conference

The Preservation: Plain & Simple Conference will provide property owners and preservation advocates practical information to solve a number of problems, including masonry cleaning and patching, wood window repair, and structural problems with the aim of maintaining the historic integrity of their buildings. In addition, we will have speakers who will address community issues, such as preserving brick streets, integrating preservation in neighborhood and community planning, and mid-century architectural materials.  Gather with others from across the state to learn from dynamic, engaging and results-oriented speakers who will provide tools people can use at home.

For more information about this valuable conference; click here.   

Nebraska Supreme Court Upholds Pursuit Decision

The Nebraska Supreme Court recently examined a city's responsibility to a third party who was injured by a stolen vehicle whose driver was being sought by police. At issue was whether a police officer's attempt to stop a stolen vehicle constituted pursuit under the terms of the Political Subdivisions Tort Claims Act (PSTCA). The Douglas County district court dismissed an action by the victim. It found that any pursuit had terminated prior to the accident and that the actions of the officers did not proximately cause the accident and resulting injuries. The victim appealed to the Supreme Court, which held that the issue was a question of fact. It affirmed the district court's decision, acknowledging that another trier of fact might have viewed the evidence differently. The case is Maclovi-Sierra v. City of Omaha, 290 Neb. 443, ___ N.W.2d ___ (2015) and can be found here:  

The victim relied upon section 13-911 of the PSTCA, which creates strict liability on the part of a political subdivisions when (1) a claimant suffers death, injury or property damage; (2) such death, injury, or property damage is proximately caused by the actions of a law enforcement officer employed by the political subdivision during vehicular pursuit; and (3) the claimant is an innocent third party. The court found that the first and third elements were not in dispute and focused on the second element - vehicular pursuit.

The Legislature defined vehicular pursuit in 13-911, which states, "In case of death, injury, or property damage to any innocent third party proximately caused by the action of a law enforcement officer employed by a political subdivision during vehicular pursuit, damages shall be paid to such third party by the political subdivision employing the officer."

The district court considered statements from several witnesses and participants in the day's events to reach the conclusion that the officer was not engaged in a pursuit at the time of the accident. The Supreme Court viewed the facts in the light most favorable to the city, as the standard of review requires, and concluded that the facts supported the district court's finding that any pursuit was terminated prior to the accident.

Next, it considered whether the PSTCA requires the actions of a law enforcement officer to be the sole proximate cause or merely a proximate cause of the injury. Because the question of proximate cause, in the face of conflicting evidence, is ordinarily one for the trier of fact, the district court's determination is not set aside unless it is clearly wrong. In this case, the district court found that the driver was motivated by an intent to evade other law enforcement personnel who might be looking for him. The Supreme Court affirmed the judgement of the district court because it could not say that its determination with respect to proximate cause was clearly wrong.

The injury of a third party is also the subject of pending legislation. LB188 would codify the definition of "innocent third party" in pursuit cases. It would recognize that there are other limited circumstances when a passenger in a fleeing vehicle should not be considered an innocent third party. For example, a public entity would not necessarily be strictly liable when a passenger enters into a vehicle knowing, or with a reasonable belief, that the driver is under the influence of liquor or drugs. LB188 was introduced by Senator Dan Watermeier and advanced to the floor by the Judiciary Committee.