State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-1826

19-1826. Terms, defined.Asused in the Civil Service Act, unless the context otherwise requires:(1) Commission shall mean a civil service commission created pursuantto the Civil Service Act, and commissioner shall mean a member of such commission;(2) Appointing authority shall mean: (a) In a mayor and council formof government, the mayor with the approval of the council, except to the extentthat the appointing authority is otherwise designated by ordinance to be themayor or city administrator; (b) in a commission form of government, the mayorand city council or village board; (c) in a village form of government, thevillage board; and (d) in a city manager plan of government, the city manager;(3) Appointment shall mean all means of selecting, appointing, or employingany person to hold any position or employment subject to civil service;(4) Municipality shall mean all cities and villages specified in subsection(1) of section 19-1827 having full-time police officers or full-time firefighters;(5) Governing body shall mean: (a) In a mayor and council form of government,the mayor and council; (b) in a commission form of government, the mayor andcouncil or village board; (c) in a village form of government, the villageboard; and (d) in a city manager plan of government, the mayor and council;(6) Full-time police officers shall mean police officers in positionswhich require certification by the Nebraska Law Enforcement Training Center,created pursuant to section 81-1402, who have the power of arrest, who arepaid regularly by a municipality, and for whom law enforcement is a full-timecareer, but shall not include clerical, custodial, or maintenance personnel;(7) Full-time firefighter shall mean duly appointed firefighters whoare paid regularly by a municipality and for whom firefighting is a full-timecareer, but shall not include clerical, custodial, or maintenance personnelwho are not engaged in fire suppression;(8) Promotion or demotion shall mean changing from one position to another,accompanied by a corresponding change in current rate of pay;(9) Position shall mean an individual job which is designated by anofficial title indicative of the nature of the work;(10) Merged commissionshall mean a civil service commission resulting from the merger of two ormore commissions pursuant to section 19-1848;(11) Agreement shall mean an agreementpursuant to the Interlocal Cooperation Act; and(12) Existing commission shall meana civil service commission of a city of the first class as it existed immediatelyprior to the effective creation of a merged commission. SourceLaws 1943, c. 29, § 23, p. 138; R.S.1943, § 19-1823; Laws 1957, c. 48, § 7, p. 236; R.S.1943, (1983), § 19-1823; Laws 1985, LB 372, § 5; Laws 2010, LB943, § 2.Effective Date: April 2, 2010 Cross ReferencesInterlocal Cooperation Act, see section 13-801. AnnotationsFully paid fire department means a fire department having members paid regularly by city and devoting their whole time to firefighting. State ex rel. Retchless v. Cook, 181 Neb. 863, 152 N.W.2d 23 (1967).By definition contained in this section, employee is required to devote his whole time to firefighting or law enforcement. Dlouhy v. City of Fremont, 175 Neb. 115, 120 N.W.2d 590 (1963).