13-3005 City of first class and county sheriff; adopt rules and regulations governing peace officer removal, suspension, or demotion. - Nebraska Statutes

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13-3005. City of first class and county sheriff;adopt rules and regulations governing peace officer removal, suspension, ordemotion.(1)Except as otherwise provided in a collective-bargaining agreement, Chapter19, article 18, or Chapter 23, article 17, any city of the first class andall county sheriffs shall adopt rules and regulations governing the removal,suspension with or without pay, or demotion of any peace officer, includingthe chief of police. Such rules and regulations shall include: (a) Provisionsfor giving notice and a copy of the written accusation to the peace officer;(b) the peace officer's right to have an attorney or representative retainedby the peace officer present with him or her at all hearings or proceedingsregarding the written accusation; (c) the right of the peace officer or hisor her attorney or representative retained by the peace officer to be heardand present evidence; (d) the right of the peace officer as well as the individualimposing the action or their respective attorneys or representatives to recordall hearings or proceedings regarding the written accusation; and (e) a procedurefor making application for an appeal. Nothing in this section shall be construedto prevent the preemptory suspension or immediate removal from duty of anofficer by the appropriate authority, pending the hearing authorized by thissection, in cases of gross misconduct, neglect of duty, or disobedience oforders.(2) This sectiondoes not apply to a peace officer during his or her probationary period. SourceLaws 2009, LB158, § 8.

State Codes and Statutes

Statutes > Nebraska > Chapter13 > 13-3005

13-3005. City of first class and county sheriff;adopt rules and regulations governing peace officer removal, suspension, ordemotion.(1)Except as otherwise provided in a collective-bargaining agreement, Chapter19, article 18, or Chapter 23, article 17, any city of the first class andall county sheriffs shall adopt rules and regulations governing the removal,suspension with or without pay, or demotion of any peace officer, includingthe chief of police. Such rules and regulations shall include: (a) Provisionsfor giving notice and a copy of the written accusation to the peace officer;(b) the peace officer's right to have an attorney or representative retainedby the peace officer present with him or her at all hearings or proceedingsregarding the written accusation; (c) the right of the peace officer or hisor her attorney or representative retained by the peace officer to be heardand present evidence; (d) the right of the peace officer as well as the individualimposing the action or their respective attorneys or representatives to recordall hearings or proceedings regarding the written accusation; and (e) a procedurefor making application for an appeal. Nothing in this section shall be construedto prevent the preemptory suspension or immediate removal from duty of anofficer by the appropriate authority, pending the hearing authorized by thissection, in cases of gross misconduct, neglect of duty, or disobedience oforders.(2) This sectiondoes not apply to a peace officer during his or her probationary period. SourceLaws 2009, LB158, § 8.

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State Codes and Statutes

Statutes > Nebraska > Chapter13 > 13-3005

13-3005. City of first class and county sheriff;adopt rules and regulations governing peace officer removal, suspension, ordemotion.(1)Except as otherwise provided in a collective-bargaining agreement, Chapter19, article 18, or Chapter 23, article 17, any city of the first class andall county sheriffs shall adopt rules and regulations governing the removal,suspension with or without pay, or demotion of any peace officer, includingthe chief of police. Such rules and regulations shall include: (a) Provisionsfor giving notice and a copy of the written accusation to the peace officer;(b) the peace officer's right to have an attorney or representative retainedby the peace officer present with him or her at all hearings or proceedingsregarding the written accusation; (c) the right of the peace officer or hisor her attorney or representative retained by the peace officer to be heardand present evidence; (d) the right of the peace officer as well as the individualimposing the action or their respective attorneys or representatives to recordall hearings or proceedings regarding the written accusation; and (e) a procedurefor making application for an appeal. Nothing in this section shall be construedto prevent the preemptory suspension or immediate removal from duty of anofficer by the appropriate authority, pending the hearing authorized by thissection, in cases of gross misconduct, neglect of duty, or disobedience oforders.(2) This sectiondoes not apply to a peace officer during his or her probationary period. SourceLaws 2009, LB158, § 8.