May 20, 2016                                                                                                     NACO E-Line Archive  

Upcoming Events

Save the Dates For:   
CBWCounty Board Workshop
June 1-3, 2016
Holiday Inn
Let us know if you are interested in golfing on June 1

CODCClerks of the District Court Summer Workshop
June 8-10
Buffalo Point Steakhouse

ClerksClerks, Register of Deeds and Election Commissioners Workshop
June 15-17, 2016
Cornhusker Hotel

HighwaySuptsHighway Superintendent, Surveyors, Engineers Workshop
June 14-16, 2016
Hotel Grand Conference Center (Formerly Mid-Town Holiday Inn)
Grand Island
Registration Form

TreasurersTreasurers Workshop
June 14-16, 2016
McCook (June 14)
Hayes Center (June 15-16)
Registration Form

AssessorsAssessors Workshop
August 22-25, 2016
Holiday Inn

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For details contact:


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.

TopIn This Issue
cbwregLast Chance to Register For County Board Workshop!
With only about ten days left until this year's County Board Workshop being held in Kearney from June 1st to June 3rd, this is your last chance to register for this event. 

NACO can only receive registrations until Friday, May 27th!

Registrations, thus far represent only 53 countiesIf you county is one of those not registered, please click the registration button at the end of this article and sign up for this event to be able to collaborate with your peers in an educational setting over the span of the workshop.  If you would care to begin your camaraderie on June 1st before the workshop begins, please go to the article below that tells about the golf outing being planned for early arrivals.

There is plenty of fun and educational opportunities planned for this event so please register and begin your summer on the right foot.
SummerworkshopsSummer Workshop Registration Deadlines Are Fast Approaching
Five Summer Workshops have been planned for June of this year and one in August.  Have you registered for the workshop of your respective group?

County Board Workshop
Deadline May 27th
Clerks of the District Court Workshop
Deadline May 19th
Clerks, Register of Deeds and Election Commissioners Workshop
Deadline June 3rd
Highway Superintendents, Surveyors and Engineers Workshop
Deadline April 15 or ASAP
Treasurers Workshop

Deadline June 3rd

Assessors Workshop
Deadline August 12th

If you haven't already registered for your specific workshop, please click on your group name and then review the agenda which appears in the left column of this edition and follow up with the registration process.  It's simple, easy and it lets others know how to plan best for those in attendance

golfoutingGolf Outing Prior to County Board Workshop
golf_event7.jpg NACO will be hosting a golf outing on the day prior to the County Board Workshop. This year we will be meeting at the Meadowlark Hills Golf Course at 1:00 p.m. in Kearney.  Each participant can decide whether they would like to play nine or eighteen holes of golf.  There will be no extra fees for participation.  It will just be the course fees of $16 for nine holes and $23 for eighteen holes.  Carts are $11 for nine holes and $14 for eighteen holes per rider. 

Everyone is encouraged to join a four-some, at the time, unless a predetermined group has been selected.  Each participant will keep their own scores and the scorecards can be turned in to LeRoy Janssen on opening day of the workshop so winners of both nines and the overall winner can be determined.  The winners will be announced at the Thursday evening banquet.  There have been no prizes set aside for this event; but will allow for bragging rights for those deserving of the honors.

This event is not a part of the workshop registration.  It is a separate and stand alone event.  The camaraderie among peers in the spirit of competition is the benefit of this undertaking.  Please sign up and enjoy the afternoon with your counterparts in county government.

If you are interested in participating in this event, please send an email to prior to May 30th  to determine initial interest and to let Meadowlark Hills Golf Course know the number of participants that we expect.  

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.

Right to Counsel and Qualified Immunity Case Considered

In Payne v. Nebraska Dept. of Corr. Servs. 24 Neb. App. 1, --- N.W.2d --- (2016), a pro se inmate housed at a state correctional institution filed suit against the Department of Correctional Services and several of its employees in their individual and official capacities after the prevention of his being allowed to correspond with a person housed in a secure treatment facility. After various pretrial motions and orders disposed of the case against the Department and state employees in their official capacities, he tried remaining claims under 42 U.S.C. 1983 (2012) before a jury.   After the case in chief, the district court sustained the defendant's motion for a directed verdict and dismissed the suit. The inmate appealed and the Appellate Court reviewed the factual and legal arguments, in addition to the record, and affirmed the judgment of the district court.

One of the assertions by the inmate was that he should be permitted the appointment of counsel. The court explained the issue as:
In civil cases, there is no constitutional or statutory right to appointed counsel. However, 28 U.S.C. 1915, the statute governing federal judicial procedure for proceedings in forma pauperis, allows a federal district court discretion to appoint counsel to any person unable to afford an attorney. Although 1915 requires the court to consider factors including the complexity of the case and the abilities of the litigant requesting counsel. Nebraska law, by contrast, allows for appointment of counsel only when a person's physical liberty may be in jeopardy.

After a great deal of analysis, the court concluded that the district court did not err in applying the Nebraska rule on appointment of counsel and in denying court-appointed counsel.

Qualified immunity protects government officials from liability for civil damages provided their conduct does not clearly violate clearly established constitutional or statutory rights of which a reasonable person would have known. There are two inquiries related to qualified immunity: (1) whether the facts that a plaintiff has alleged make out a violation of a constitutional right and (2) whether the right at issue was clearly established at the time of the defendant's alleged misconduct. The appellate court agreed with the trial court that given the uncontroverted facts in the record, the employees acted according to their reasonable (although incorrect), belief; therefore, they were entitled to qualified immunity.   
Citations omitted.
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 The CD order form is available here.

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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.

As of  January 2016, NACO will no longer print the hard copy of the directory and send one to each county.  The directory has been made a part of the NACO website through a clickable and searchable icon and will be updated as corrections are submitted. The directory on the website is downloadable for a printed copy and it can also be transferred electronically to office computers and devices with memory storage such as smartphones and ipads.

For a copy of the latest 2015 directory, click here for the order form.

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County_Board_Handbook_2012 2015 County Board  Handbook and Revisions
The 2015 County Board Handbook and related revisions are now available! The cost for a current handbook, including legislative information from the 2015 session, is $80.00/book plus $18.00 shipping and handling per book. The 2015 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. For questions, contact Elaine Menzel by email or call her at (402) 434-5660 ext. 225.

News From NACo

Join county officials, experts from the private and nonprofit sectors and other leaders from across the country in Los Angeles County, Calif. for the 2016 NACo Annual Conference and Exposition. 

Appointments are for:
  • Policy steering committee chairs and vice chairs and subcommittee chairs and vice chairs
  • Large Urban County Caucus (LUCC) and Rural Action Caucus (RAC) chairs, vice chairs and members
  • Standing committee chairs, vice chairs and members
  • Ad hoc committee, task force and advisory board chairs, vice chairs and members
  • At-large NACo Board Directors
Click here for more information about NACo Committees.  Click here for the Presidential Appointment Application.

To be considered for a presidential appointment to any of the following committees or as an at-large director for the NACo Board of Directors, you MUST complete the application online before June 3, 2016.
IMPORTANT:  Steering committee membership is not a part of this application process.

NACo First Vice President, Bryan Desloge looks forward to receiving applications and working with you in the 2016-2017 year.
nacowebNACo Webinars
Saving Lives through Local Road Safety Planning
June 30, 2016, 1:00 pm - 2:15 pm CDT

Contact: Jenna Moran (202) 942-4224
Join us on this interactive webinar to learn about Local Road Safety Plans (LRSPs), and how your county can benefit from the development and implementation of one. Federal, state, and local transportation experts will discuss the recognized positive impacts LRSPs have on local road safety through collaboration with safety stakeholders, building awareness and correlation with the State Strategic Highway Safety Plans (SHSP). LRSPs are designed to build on the foundation established by the SHSP. They can also provide the basis for systemic implementation of safety measures across the entire jurisdiction. This presentation will provide an overview of LRSP with a focus on (1) the "why" of developing Local Road Safety Plans; (2) the benefits realized and (3) different approaches to the development and implementation of the plans.   

Nebraska Association of County Officials
1335 H Street | Lincoln, NE 68508 | 402-434-5660