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

Upcoming Events

Save the Dates For:  

 

Register of Deeds Workshop
Holiday Inn
Kearney, NE

October 14, 2015

Agenda 

 

10th Annual NACO Legislative Conference
Holiday Inn
Kearney, NE

October 15, 2015

Agenda 

 

Southeast District Meeting
Mahoney State Park
October 22, 2015

Agenda 

 

Nebraska Weed Control Fall Training
Kearney, NE

November 5 - 6, 2015

 

121st Annual NACO Conference

Younes Conference Center  

Kearney, NE

December 9 - 11, 2015

 

To view all upcoming events, click here.



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WHO SUPPORTS NACO AND THEIR MISSION?

 

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.

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In This Issue  
Legal Line      
registerRegister for Legislative Conference & Register of Deeds Workshop
October is the month for two important events that require an advance registration.  The Register of Deeds Workshop is being held October 14th and the Annual NACO Legislative Conference is being held on October 15th.  Both events are being held at the Holiday Inn and Conference Center in Kearney, Nebraska.  The agendas are posted on the NACO website and can also be viewed by clicking each event's name below.

A pre-event registration fee of $55 is being charged for each event.

Register of Deeds Workshop:  AGENDA     REGISTRATION

Legislative Workshop:  AGENDA    REGISTRATION
annconfresAnnual Conference Information
The 2015 NACO Annual Conference will be held in Kearney at the Younes Convention Center.  The conference dates are December 9th through the 11th.

REGISTRATION IS NOW OPEN!  Go to the NACO website or click here. 

The Kearney Visitor's Bureau has a webpage designed specifically for conference information as it becomes available through the planning process.  You can visit that page by clicking here.

Rooms have been contracted at the Wingate inn, the Hampton Inn, the Holiday Inn, the Holiday Inn Express, the Comfort Inn and the Fairfield Inn for $99.95 per night for single and double rooms and suites are contracted for $149.95 per night.

You must phone the hotel of choice to make reservations stating that you are attending the conference to receive the group discounted room rate. Only guaranteed reservations will be accepted. Reservations must be guaranteed with either a credit card or by direct billing back to your county.

 

PLEASE NOTE: Reservations may be made initially under the county name but must all have individual names of who will occupy each room no later than November 10, 2015. Any reservation being held under the county name after this date will be cancelled.

 

HEADQUARTER HOTELS LOCATED ON THE YOUNES CONFERENCE CENTER CAMPUS(See map):

 

Wingate Inn:     (308) 237-4400

 

Hampton Inn:    (308) 234-3400

 

Fairfield Inn:      (308) 236-4200

 

Comfort Inn:      (308) 236-3400

 

Holiday Inn:      (308) 237-5971

 

ADDITIONAL LODGING OPTIONS IN CLOSE PROXIMITY:

 

Holiday Inn Express:                                       (308) 234-8100  

 

Best Western Mid Nebraska Inn & Suites:        (308) 234-2541

 

AmericInn:                                                     (308) 234-7800

 

Country Inn & Suites:                                      (308) 236-7500

 

Ramada Inn:                                                   (308) 237-3141  

vetserveTraining to Better Serve Veterans

The Nebraska Association of Local Health Directors (NALHD) are supporting and coordinating five No Wrong Door trainings across the state (see attached flyer for dates and locations). These trainings have been developed by the multi-disciplinary Veteran's Brain Injury Task Force over the past several years to give community members from a range of professions/organizations a solid understanding of issues that veterans, service members, and their families/loved ones face. The training also gives participants resources and strategies they can use to serve veterans, service members, and their families better.

To view the informational flyer to obtain more details, click here.

Susan Bockrath, Executive Director of the NALHD says that, "I want to make sure that other folks, especially those who maybe don't think their work relates to veterans, know that these trainings are coming up and that there really is value for everyone... teachers, principals, county clerks, law enforcement...everyone."
entconfEntrepreneurship Conference For County Officials
 
Don't Miss the Entrepreneurship Best Practices Summit: Nurturing Entrepreneurship through Collaboration, October 21 in Lincoln

All of the speakers are confirmed and final arrangements are being made for the Entrepreneurship Best Practices Summit: Nurturing Entrepreneurship through Collaboration, Wednesday, October 21 on the University of Nebraska Innovation Campus in Lincoln.

Keynote Eric Englemann is the visionary CEO and founder of Geonetric, a software company that builds online solutions and provides digital marketing services to health systems around the country. Through his leadership, Geonetric has grown into one of the most admired companies in the Cedar Rapids/Iowa City Corridor. Eric is a driving force behind the Iowa Startup Accelerator, Iowa's' first and only 90-day accelerator for early stage startups.

Could county government help establish Nebraska Startup Accelerators? You bet!
Presenter Brent Comstock, BCom Solutions Founder & Robertson Scholar, University of North Carolina and more importantly an Auburn, NE native, will introduce his model for reinventing rural communities. He is challenging entrepreneurs and innovators to consider looking to rural communities for ventures like tech start-ups and social enterprises.
 
Would county officials like to reinvent Nebraska's rural communities with new business innovators and ventures? You bet!
 
Presenter Erik Pedersen, Vice President of Entrepreneurship for the Kansas Center for Entrepreneurship, NetWork Kansas is focused on growing the entrepreneurial environment throughout Kansas. The statewide network of non-profit, business-building resources helps entrepreneurs and small business owners start and grow businesses. Erik oversees the Entrepreneurship (E-)Community partnership, which has now grown to 48 communities across Kansas.
 
Would county officials like to be a part of local support networks that strengthen entrepreneurs and business development? You bet!
Make plans to attend the Entrepreneurship Best Practices Summit today. Early birds will get the reduced conference rate of $35 if they register at: www.regonline.com/bestpracticessummit before September 21. The conference runs from 9:00 a.m. to 5:00 p.m.

Need more information? Check out the Summit's website: tinyurl.com/ebps2015 and Facebook page: https://www.facebook.com/pages/Nebraska-Entrepreneurship-Best-PracticesSummit/1616111485307131?fref=ts or contact Carroll Welte, Nebraska Extension Educator at (402) 374-2954 or cwelte1@unl.edu.
marcMulti-Agency Resource Training Center Opportunity
Nebraska Voluntary Organizations Active in Disaster (NE VOAD) is sponsoring a training this fall and early winter in four locations on multi-agency resource centers (MARCs). A MARC is a one-stop shop for those affected by disasters-various community and state organizations and agencies have booths. Disaster victims can visit all the service/information providers and determine a plan of action based upon their and their family's needs.   
 
Red Cross will teach the training, and it is free to attend; lunch will be provided. Travel scholarships are available; information is on the flyer. Participants will learn the benefits of a MARC, how to set up a MARC, what agencies should be included, and challenges for coordinating a MARC. This information will be useful to community leaders!

View the training flyer here.

For more information contact: Ashley Mueller, MS, Extension Educator, Disaster Education Coordinator, Nebraska Extension.  Email: ashley.mueller@unl.edu Office phone: 402-727-2775.  Address: Nebraska Extension in Dodge County, 1206 W. 23rd Street, Fremont, Nebraska 68025-2504  
interimroadsTransportation Committee To Conduct Interim Hearings on Roads
County officials are encouraged to share their thoughts on Nebraska's state and local roads (LR318), including the expressway system (LR313), maximum weight limits (LR317), and removal of roadside vegetation (LR319), at a series of hearings conducted by the Legislature's Transportation and Telecommunications Committee in the coming weeks. Interim studies and hearings are a tool used by the Legislature to investigate a specific topic that may be the subject of legislation in the coming session or an issue that was introduced during a regular session that needs further development.
 
The next Transportation Committee hearing will be held in Crete on Oct. 22, in Bellevue on Nov. 12, and in Lincoln on Dec. 3. The times and locations are listed in the hearing schedule below or can be found on the Legislature's website at www.nebraskalegislature.gov.
 
Other legislative committees will also hold hearings throughout the fall. The Judiciary Committee heard invited testimony on prison issues pursuant to LR295 today. LR295 is an examination of how to improve behavioral health and mental health services in Nebraska in order to prevent crime and reduce costs associate with the incarceration of people who have heightened behavioral and mental health needs. The Department of Correctional Services Special Investigative Committee will also hold hearings on Nebraska's prison system on Oct. 23 and Nov. 6.
 
The Revenue and Education Committees will hold joint hearings on school funding (LR32 and LR344) on November 12.
 
The Urban Affairs Committee will examine tools for revitalization of neighborhoods (LR278) and the Nebraska Energy Code on Oct. 23. On Nov. 5 in Norfolk, the committee will examine the Local Option Municipal Economic Development Act (LR152) and economic development tools, such as tax increment financing, available to municipalities (LR155).
 
The Appropriations Committee will examine the potential growth for tourism (LR321), methods to improve government efficiency (LR333), and funding for public health departments (LR257) on Dec. 1.
 
The Retirement Systems Committee will hold its annual examination of the state-administered retirement systems on Nov. 18.
 
A complete hearing schedule is available below.
 
Transportation and Telecommunications Committee Hearings
 
October 27, Crete City Hall Council Chambers, 1:30 p.m.
LR318 (Smith) Interim study to conduct a comprehensive study of Nebraska's state and local roads system
LR317 (Scheer) Interim study to review the Nebraska Rules of the Road and provisions which establish maximum weight limits
 
November 12, Bellevue University John B. Muller Administrative Services Building, 1:30 p.m.
LR318 (Smith) Interim study to conduct a comprehensive study of Nebraska's state and local roads system
LR339 (Garrett) Interim study to examine the current statutory requirements governing the removal of roadside vegetation
 
December 3, State Capitol Room 1113, 10:00
Joint Transportation and Telecommunications and Appropriations hearing - NDOR Needs Assessment - Invited testimony only
 
December 3, State Capitol Room 1113, 1:30 p.m.
LR318 (Smith) Interim study to conduct a comprehensive study of Nebraska's state and local roads system
LR317 (Scheer) Interim study to review the Nebraska Rules of the Road and provisions which establish maximum weight limits
LR319 (Smith)    Interim study to examine certain issues under the jurisdiction of the Public Service Commission
unocertifiedNebraska Certified Public Managers Program
The School of Public Administration at the University of Nebraska at Omaha would like to invite you and your staff to participate in its highly acclaimed professional development program - the Nebraska Certified Public Manager� Program (CPM). In 2016 the Nebraska CPM Program is beginning its ninth year of assisting Nebraska's highly dedicated public/nonprofit managers to better serve their communities.
 
The Nebraska Certified Public Manager� Program enhances performance by teaching supervisors and managers to apply recognized management theories and best practices to the challenges they face. The Nebraska CPM Program is designed for current and future supervisors and managers employed in public service or non-profits.
 
The Nebraska Certified Public Manager� Program is more than a collection of educational sessions. It is an organized course of study in supervision and management designed specifically for managers. Participants not only attend on-campus sessions or post on-line, but during the period between sessions they also work on assignments and a significant capstone project that is of benefit to the participant's organization.
 
Recognizing that budgets are limited, we have worked to keep the Nebraska CPM program affordable. The fee for the program is $2,500 for all twelve sessions.Another incentive to participate in the program is the undergraduate and/or graduate credits that can be earned. Graduates of the Nebraska CPM Program can receive 15 upper level college credits which can be used to complete a Bachelors in General Studies (BGS) through UNO's Division of Continuing Studies Program. There is no charge for these credits beyond the $2,500 tuition for the CPM Program. If they have an undergraduate degree, graduates can receive six graduate credits toward a Master in Public Administration (MPA) degree from UNO. To receive the MPA credits, participants must enroll in the UNO graduate school and pay tuition and fees for the six credit hours. Nebraska CPM participants who do not live in Nebraska must pay non-resident tuition. No work beyond the CPM program requirements is necessary to receive the undergraduate and graduate credits.
 
Applications for the 2016 cohort is limited. We don't want your employees to miss this opportunity; the program won't be offered again until January 2017. A brochure and detailed training schedule is enclosed. For more information about the Nebraska Certified Public Manager Program� and application process, please contact Ellen Freeman Wakefield at the University of Nebraska at Omaha (402-554-2636), efreemanwakefield@unomaha.edu. A program application is also available at the School of Public Administration website.
 
We are excited about beginning another cohort in 2016 and hope that your employees will be able to take advantage of it. Please share this information with others in your organization and urge them to apply for the Nebraska Certified Public Manager Program�.

What else you may need to know
Course Schedule
Certified Public Manager Program Flier
Certified Public Manager Program Application 
lb605Proposed Rules for Probation Practices Related to LB 605
Proposed Supreme Court Rules  pertaining to LB 605 are now available on the judicial branch website (https://supremecourt.nebraska.gov/) until November 1.

The Nebraska Supreme Court invites interested persons to comment on all five of the proposed rules.  For further information and to review and comment on those proposed rules please click here.
legallineLegal 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.

Nebraska Ethics Advisory Opinion for Lawyers Issued Relating to Guardian sad Litem (No. 15-04)

"Attorneys licensed to practice within the state and Nebraska's judges are each governed by professional ethics rules as determined by the Nebraska Supreme Court." Professional Ethics, State of Nebraska Judicial Branch Website - https://supremecourt.nebraska.gov "Lawyer discipline is handled through the Nebraska Supreme Court Counsel for Discipline .  The office maintains a collection of ethics opinions for lawyers  and also a public listing of sanctions against attorneys.  Lawyer conduct is guided by the Nebraska Rules of Professional Conduct  and the Nebraska Supreme Court's Disciplinary Rules
."Id.   
An eight member advisory committee comprised of attorneys appointed by the Nebraska Supreme Court may render, upon request of a Nebraska attorney, an advisory opinion or an interpretation of the 'Rules of Professional Conduct' regarding anticipatory conduct on the part of the requesting attorney. A recent opinion of note relates to the issue of whether an attorney may enter directly into a contract for fees as a Guardian ad Litem with a County Board bypassing the administrative Court Orders for Court Ordered payment, when that county attorney's office files the original petition and represents a separate party in the cause and when the county attorney's office represents the county in the contract negotiation. The opinion can be found here.15-04.pdf

The Ethics Advisory Committee's opinion was that an attorney may enter directly into a contract for fees as a Guardian ad Litem with a County Board, bypassing the administrative Court Orders for Court Ordered payment, when that County Attorney's office files the original petition and represents a separate party in the case unless there is a "significant risk" that the attorney's representation would be materially limited by the attorney's personal interest in maintaining the contractual arrangement and thus violating section 3-501.7(a)(2) pertaining to conflicts of interest of an attorney. Such situations will vary on a case-by-case basis and will be dependent on the particular financial impact of the contractual agreement on the particular attorney.

The Committee further indicated if an attorney does have a conflict of interest, that conflict may not be waived because, under Neb. Rev. Stat. �43-272(2), an attorney appointed to perform guardian ad litem services is appointed to represent the juvenile and the juvenile's "interests". The Committee stated that the juvenile's "interests" is not capable to provide informed consent required to waive the conflict of interest.

Even if the conflicts of interest subsection of the rules does not prohibit representation, an attorney appointed to perform guardian ad litem services must nevertheless obtain informed consent from the client to perform the representation because the attorney is to be compensated by someone other than the client as discussed in section 3-501.8(F)() related to informed consent. This is the case regardless of whether the third-party payor is the court, another governmental entity or anyone other than the client. If the client is incapable of providing informed consent, the representations is impliedly authorized and section 3-401.8(f(1) would not prohibit representation.

Lastly, the Committee concluded an attorney appointed to perform guardian ad litem services may submit itemized billing statements but must limit the detail provided in the itemization to prevent the disclosure of any confidential or other information that would negatively impact the client. "While the level of detail permissible will vary on a case-by-case basis, the importance depends on the particular client and the nature of the representation and not on the person or entity receiving the information."

In its concluding paragraphs, the Committee indicated the following:
  • Since the County Attorney's Office both represents the County Board and files a significant majority of juvenile cases regarding alleged abuse and neglect, an attorney's agreement to enter into a contractual arrangement with the County Board to perform guardian ad litem services on a flat fee basis may violate the Rules of Professional Conduct's provision on conflict of interest if the amount of compensation at issue is sufficient it would produce a "significant risk" that the attorney's representation would be materially limited by the attorney's personal interest in maintaining the contractual arrangement. Whether an attorney's representation is problematic will depend on a case-by-case base and is dependent on the particular financial impact of the contractual agreement on the attorney. If an attorney does incur a conflict of interest, it may not be waived as discussed earlier.
  • If the conflict of interests does not present a barrier to the representation, an attorney appointed to perform guardian ad litem services must still obtain informed consent from the client to perform the representation because the attorney is to be compensated by someone other than the client.
  • Lastly, an attorney appointed to perform guardian ad litem services may submit itemized billing statements; however, such statements must limit the detail provided in the itemization in order to prevent the disclosure of any confidential or other information that would negatively impact the client. Again, this issue will differ on a case-by-case basis with the importance of detail depending on a particular client and the nature of the representation and not on the person or the entity receiving the itemization.
Guidelines for Guardians ad Litem recently adopted by the Nebraska Supreme Court and additional information can be found here. https://supremecourt.nebraska.gov/4647/guardians-ad-litem-information
Countygovernementdaycd 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.
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.
County_Board_Handbook_2012 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


Natalie Ortiz, PH.D.           NACo WHY COUNTIES MATTER SERIES - ISSUE 3 - SEPTEMBER 2015                                                                       www.NACo.org

The National Association of Counties (NACo) today released Addressing Mental Illness and Medical Conditions in County Jails that explores the complex challenges counties face in addressing the comprehensive health needs of jail populations.  Three case studies examining the strategies counties use to address the health needs of incarcerated individuals accompany the study.
 
"Individuals in county jails are more likely to have mental illnesses or medical conditions than the general population, and addressing inmates' health needs is a significant priority for counties," said Dr. Natalie Ortiz, the publication's author.  "Meeting the needs of this popula�tion requires county jails to collaborate with health professionals and treatment providers."

 
KEY FINDINGS
1.
A large share of the jail population has a mental illness or medical condition, often accompanied by substance use disorders.  Based on an analysis of U.S. Department of Justice Bureau of Justice Statistics data, 40 percent of inmates have a chronic medical condition and 64 percent have a mental illness.
2.
County jails identified addressing the health needs of the jail population as their most common concern.  Nearly three-quarters of respondent county jails prioritize ways to reduce the number of people with mental illnesses in jails and nearly half face challenges in coordinating mental health treatment for inmates.
3.
A small number of county jails supervise jail inmates outside of confinement in mental health or medical treatment programs.  Twenty-two percent of respondent county jails indicated having community-based supervision programs that provided behavioral health treatment outside of the jail.
Accompanying the research brief are case studies that describe efforts in three large counties.
"Counties work to balance public safety, jail population management and diverse healthcare needs in communities across the country," said Ortiz.  County governments own and operate the majority of all jails in the U.S. and invest $70 billion in the criminal justice system each year.  County governments invest an additional $70 billion a year in health systems.
 
Earlier this year, NACo, the Council of State Governments Justice Center and the American Psychiatric Association Foundation launched Stepping Up: A National Initiative to Reduce the Number of People with Mental Illnesses in Jails.  Since then, more than 125 counties have passed resolutions in support of the initiative and pledged to take action.  For more information about Stepping Up, visit www.naco.org/stepping-initiative.
 
This publication was released in conjunction with NACo's Large Urban County Caucus Safe and Secure Counties Symposium in King County, Wash.  To read the full research brief, Addressing Mental Illness and Medical Conditions in County Jails and the accompanying case studies, visit www.naco.org/jailhealthservices.  
nacoweb NACO Web-based Education 

Stepping Up: Preparing a Plan and Tracking Progress
for People in Jails with Mental Illness

Tue, Nov 17, 2015 1:00 PM - 2:15 PM CST
 
Join us for the next webinar in the Stepping Up series to learn about key strategies for preparing a plan, identifying outcome measures and developing processes for tracking progress toward your goals for reducing the number of people with mental illnesses in your jail. As the last of Stepping Up webinars focused on the six steps, this webinar will bring together the knowledge you've gained from the previous five webinars to help you develop a plan for moving forward in your county. Attendees are encouraged to review previous Stepping Up Webinars and Planning Guides in preparation for this webinar.

To register for the event, please click here: https://attendee.gotowebinar.com/register/3224729435329419522
whatshappSee What's Happening in Your Neighborhood?
Exceptional Judicial Branch Employees Recognized by Chief Justice Heavican During Annual Awards Celebration
  • Janet Wiechelman, Clerk of the Cedar County Court Selected as Outstanding Clerk of the District Court  (Photo)

District Meetings Held Throughout State

If you have anything going on in your area that you would like to post photos about, please send an email and attach the photo(s) and a description of the event to LeRoy.Janssen@nacone.org      
Nebraska Association of County Officials
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