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June 17, 2016                                                                                         www.nacone.org   NACO E-Line Archive  

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AssessorsAssessors Workshop
August 22-25, 2016
Holiday Inn
Kearney 


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TopIn This Issue
crimecommCrime Commission to Distribute Funds to County Jails After Hearing
The Nebraska Commission on Law Enforcement and Criminal Justice will hold a rule-making hearing pursuant to Neb. Rev. Stat. Sec. 84-907 on the 22nd day of July, 2016 at 9:30 a.m. in the Nebraska State Office Building, Lower Level A, Lincoln, Nebraska.  This relates to the $500,000 County Reinvestment Program that was created by the Legislature last year.

The purpose of the hearing is to take testimony and evidence about adoption of a new regulation, Title 74, Chapter 1, entitled County Justice Reinvestment Grant Program.  the Nebraska Legislature recently adopted LB 605 (2015) codified as Neb. Rev. Stat. Sec. 81-1426.01 which, in part, appropriates funds for distribution to county jails in order to offset increased costs incurred by those jails as a result of changes in custodial sanctions used by Probation and sentencing of felony IV convictions.  The proposed regulation will establish the County Justice Reinvestment Grant Program in order to implement this portions of Sec. 81-1426.01.  Specifically, the proposed regulation establishes the criteria and procedures for funding eligibility, applications, acceptance of funds, appeals, and reporting requirements.

Draft or working copies of the proposed rule are available at the offices of the Secretary of Stat, Regulations Division, Room 343, State Capitol, Lincoln, Nebraska 68509.  The Fiscal Impact Statement may be inspected and obtained at the Nebraska Crime Commission, 301 Centennial Mall South, P.O. Box 94946, Lincoln, Nebraska 68509.

All interested persons may attend and testify orally or by written submission at the hearing.  Interested persons may also submit written comments prior to the hearing, which will be made part of the hearing record at the time of the hearing if received by the Nebraska Crime Commission on or before July 22, 2016.  If auxiliary aids or reasonable accommodations are needed to participate in the hearing, please call the Crime Commission, (402) 471-2194, no later than July 1, 2016.

The Title 74, Chapter 1 regulation proposal can be reviewed here.

AgmatrixDepartment of Ag Livestock Siting Assessment Matrix Up for Review
The Nebraska Department of Agriculture released a draft copy of the livestock siting assessment matrix for review and comments.  More information about the matrix can be viewed here
 
Comments on the matrix must be submitted by July 31, 2016 by email to  agr.webmaster@nebraska.gov or by mail to: Nebraska Department of Agriculture, Att'n. Steve Roth, 301 Centennial Mall, South 4th Floor, Lincoln, NE 68509.

Share this information with other members of your board, planning commissions, if applicable, and others interested in zoning-related issues.
 
If you have any questions, please feel free to contact; 
 
Elaine Menzel
Legal Counsel
Nebraska Association of County Officials (NACO)
1335 H Street
Lincoln, NE   68508
Phone - 402.434.5660, ext. 225
Fax - 402.434.5673
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mipsbytesLegal 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.

County Purchases at Auctions
 
At the recent County Board Workshop, it was suggested that the County Purchasing Act's dollar amounts should be increased to allow county officials to move quickly when a needed item is available at a live or online auction. Because the Act requires publication in a newspaper for two consecutive weeks, often there isn't time for the full competitive bidding process for a purchase at an auction. A higher dollar amount would allow larger purchases to be made at auction as they became available without competitive bidding.


A legislative change would be needed to increase the dollar amounts triggering bidding in Neb.Rev.Stat. 23-3108 of the County Purchasing Act. This section requires competitive sealed bidding for purchases of equipment, supplies, and other items of personal property and services valued at $20,000 or more. For purchases of $5,000 to $20,000, counties must secure and record at least three informal bids, if practicable.  Purchases valued at less than $5,000 can be made on the open market. These amounts were last increased in 2003.

Counties considering purchasing at auction may want to look at an existing exception to competitive bidding in Neb.Rev.Stat.  23-3109(3).  According to the legislative history of the Act, the specific intent of this language is to allow counties to purchase at auctions. This section provides that; 
"The governing board may waive the bidding requirements of the County Purchasing Act if the county can save a significant amount of money by entering into a special purchase. The county board shall, five days prior to such special purchase, publish notice of its intention to make such a special purchase, stating the items considered and inviting informal quotes. A two-thirds vote of the entire county board shall approve such special purchase."

In addition, counties may want to review the statutory exceptions from competitive bidding listed in 23-3109(1), including the purchase of unique or noncompetitive items, when purchasing petroleum products, or when obtaining professional services or equipment maintenance. Purchases made from a bid obtained by the federal General Services Administration, Nebraska's Department of Administrative Services materiel division, or through a cooperative purchasing agreement are also exempt from the Act.

The County Purchasing Act applies to purchases of personal property or services, including equipment and mobile equipment. It does not apply to telephone, power and similar services or election contractual services. If a county is purchasing materials used for roads and bridges, separate bidding requirements are set out in 39-810. 
 
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.

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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. 

 
 
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