[Amended by Ord. No. 1100, 5-17-2005; Ord. No. 1141, 1-6-2009]
The Library Board members shall be appointed by a majority vote of the Governing Body, upon the nomination by the Mayor. The Board shall consist of five members who shall be residents of the Municipality. The members of the Library Board shall serve a four-year term of office, provided, however, that two members of the initial board appointed pursuant to this section shall be appointed to a two-year term and the remaining members appointed to a four-year term. Members of the Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performance of their duties. At the time of the Board's first meeting in November of each year, the Board shall organize by selecting from their number a president, vice-president and secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings, and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the Governing Body may designate. Special meetings may be held upon the call of the chairman, or any three members of the Board. The Library Board shall have the authority to appoint a librarian and all other employees. It shall be the duty of the Board to have general charge of the Municipal Library and to establish appropriate rules and regulations for the management, operation, and use of the same. The Board shall have supervisory authority over all employees of the library including the librarian. All actions of the Board shall be subject to the review and supervision of the Governing Body. The Board shall be responsible for making such reports and performing such additional duties as the Governing Body may designate from time to time. No member of the Governing Body shall serve as a member of the Library Board while serving a term of office as a member of the Governing Body. No member of the Library Board shall serve in the capacity of both the chairman and secretary of the Board. (Ref 51-202 RS Neb.)
[Amended by Ord. No. 1101, 5-17-2005]
The Mayor, with the approval of the Governing Body; shall appoint the Planning Commission which shall consist of nine members who shall represent, insofar as is possible, the different professions or occupations in the Municipality and who shall be residents of the Municipality. However, two of such members may be residents of the area over which the Municipality is authorized to exercise extraterritorial zoning and subdivision regulations. The Mayor, with the approval of the Governing Body, shall appoint one alternate member, who may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting. The members of the Commission shall serve a three-year term of office unless reappointed. The Commission shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performance of their duties. Meetings of the Planning Commission shall be held in the Council room at the City Hall, or at such other place as the Chairman of the Planning Commission shall from time to time select, at the call of the Chairman. At the time of the Commission's first meeting in January of each year, the Commission shall organize by selecting from its membership a chairman, a vice-chairman, and a secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. The secretary may appoint a recording secretary to assist in the duties of the secretary. The Planning Commission shall be funded by the Governing Body from time to time out of the General Fund. A majority of the Commission shall constitute a quorum for the purpose of doing business. Special meetings may be held upon the call of the chairman, or any three members of the Commission. It shall be the duty of the Commission to make and adopt plans for the physical development of the Municipality, including any areas outside its boundaries which, in the Commission's judgment, bear relation to the planning of the Municipality. All actions by the Commission shall be subject to the review and supervision of the Governing Body. The Commission shall be responsible for making such reports and performing such other duties as the Governing Body may, from time to time, designate. No member of the Governing Body, or other Municipal official, except where otherwise specifically provided, shall serve as a member of the Planning Commission while serving any other term of office. No member of the Planning Commission shall serve in the capacity of both the chairman and secretary of the Commission. (Ref. 19-925 through 19-929 RS Neb.)
The Governing Body shall appoint the Board of Adjustment as provided in Chapter 11, Article 12 of this Code.
The Governing Body shall appoint a Board of Health which shall consist of five members. The members of the Board shall include the Mayor, who shall serve as chairman; the Police Chief, who shall serve as secretary and quarantine officer; a physician who shall serve as the medical advisor; and the President of the City Council and one other member. The members of the Board shall serve, without compensation, a one-year term of office, unless reappointed, and shall reorganize at the first meeting in December of each year. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. The Board of Health shall be funded by the Governing Body from time to time out of the General Fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the Governing Body may designate. Special meetings may be held upon the call of the chairman, or any two members of the Board. It shall be the duty of the Board to enact rules and regulations which shall have the full force and effect of law, to safeguard the health of the residents of the Municipality. Included in the duties of the Board shall be to enforce the said rules and regulations, and to provide fines and punishments for any violations thereof. It may regulate, suppress, and prevent the occurrence of nuisances and shall actively enforce all laws of the State of Nebraska and ordinances of the Municipality relating to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the Governing Body may direct. All members of the Board shall be responsible for making such reports and performing such other duties as the Governing Body may, from time to time, designate. No member of the Board of Health shall hold more than one Board of Health position. (Ref. 16-238 RS Neb.)
[Amended by Ord. No. 848, 3-7-1989]
Creation and Establishment. There is hereby created and established a City Park and Tree Commission for the City of Ralston, Nebraska, which shall consist of eight members, citizens and residents of this City, who shall be appointed by the Mayor, with the approval of the City Council.
Term. Compensation. The term of the eight persons to be appointed by the Mayor shall be three years, except that the term of three of the members appointed to the first Board shall be for only one year, and the term of three members of the first Board shall be for two years, and the term of two members of the first Board is for three years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term by the Mayor with approval of the City Council. Members of the Commission shall serve without compensation.
Duties and Responsibilities. It shall be the duty of the Board of the Parks and Tree Commission to lay out, improve, and beautify all grounds owned or acquired for public parks, and request the City Council to employ personnel as may be necessary for the proper care and maintenance of such parks, including equipment, and the improvement and beautification thereof, to the extent that funds may be provided for such purposes. It shall be the responsibility of the Parks and Tree Commission to study, investigate, counsel and develop a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets, alleys, and public parks. Such plan will be presented to the City Council and, upon their acceptance and approval, shall constitute the official comprehensive City tree plan for the City of Ralston, Nebraska. The Commission shall review annually and update, if needed, the comprehensive City tree plan. The Commission shall prepare and present an annual work plan to the City Council for their acceptance and approval.
The Commission, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. The Board shall meet quarterly on the first (1st) Thursday of January, April, July and October, with additional meetings as needed.
Limited in Power to Income Liability. Neither the Parks and Tree Commission nor any member thereof shall incur any financial liability in the name of the City.
Annual Report. The Parks and Tree Commission shall render annually, on June 1 of each year, a full report of its work to the Mayor and Council of the City.
(Ref. 16-696 RS Neb.)
Established - Membership. The Governing Body establishes the Police Department Retirement Committee which shall supervise the general operation of the Police Department's Retirement System. The Retirement Committee shall consist of six members of which four members shall be selected by the active paid Policemen. Two members shall be designated by the Governing Body. The members who are not participants in the Retirement System shall have a general knowledge of retirement plans. Members of the Governing Body of the Municipality, active member of the Police Department, and members of the general public may serve on the Retirement Committee. The Committee members shall be appointed to four year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the Retirement Committee shall receive no salary and shall not be compensated for expenses.
Duties. It shall be the duty of the Retirement Committee to:
Provide each employee a summary of plan eligibility requirements and benefit provisions:
Provide, within 30 days after a request is made by a participant, a statement describing the amount of benefits each participant is eligible to receive;
Make available for review an annual report of the system's operations describing both (1) the amount of contributions to the system from both employee and employer sources and (2) an identification of the total assets of the Retirement System; and
Have an analysis made of the investment return that has been achieved on the assets of the Retirement System administered by the Committee. Such analysis shall be prepared as of January 1, 1989, and each five years thereafter. The analysis shall be prepared by an independent private organization which has demonstrated expertise to perform this type of analysis and which is unrelated to any organization offering investment advice on which provides investment management services to the Retirement System.
Investment of Funds. The funds of the Retirement System shall be invested by the Retirement Committee. The Municipality or Committee shall contract with an insurance company, trust company, or other financial institution including, but not limited to, brokerage houses, investment managers, savings and loan associations, banks, credit unions, or Farmers Home Administrations or Veterans' Administration approved lenders. Such funds shall be invested pursuant to the policies established by the Nebraska Investment Council.
(Ref. 16-1001 through 16-1019 RS Neb.)
[Added by Ord. No. 849, 3-21-1989]
The Civil Service Commission shall be comprised of five members who are appointed by the Mayor and approved by the City Council. The members of the Civil Service Commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such municipality for at an elector of the county wherein such person resides. The term of office of such members shall be for five years, except that the first members of such commission shall be appointed for different terms, as follows: One to serve for a period of one year, one to serve for a period of two years, one to serve for a period of three years, one to serve for a period of four years, and one to serve for a period of five years. If the City Council determines by ordinance to change from a five-member commission to a three-member commission, the members of the commission serving before the effective date of such ordinance shall hold office until reappointed or their successors are appointed.
Any member of the Civil Service Commission may be removed from office for incompetency, dereliction of duty, malfeasance in office, or other good cause by the appointing authority, except that no member of the commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing has before the appeal to the district court of the county in which such commission is located, which court shall hear and determine such appeal in a summary manner. Such an appeal shall be only upon the ground that such judgment or order of removal was not made in good faith for cause, and the hearing on such appeal shall be confined to the determination of whether or not it was so made.
The member of the Civil Service Commission shall devote due time and attention to the performance of the duties specified and imposed upon them by the Civil Service Act. Three commissioners in a five-member commission shall constitute a quorum for the transaction of business. Confirmation of the appointment or appointments of Commissioners made under subsection (1) of this ordinance, by any other legislative body shall not be required. At the time of any appointment not more than two commissioners of a three-member commission, or three commissioners of a five-member commission, including one or ones to be appointed, shall be registered electors of the same political party.
[Added by Ord. No. 866, 4-3-1990]
Tenure of Employment. The tenure of a person holding a position of employment subject to this Chapter shall be only during good behavior.
Causes for Disciplinary Action. Any such person may be removed or discharged, suspended with or without pay, demoted, reduced in rank, or deprived of vacation, benefits, compensation, or other privileges, except pension benefits, for any of the following reasons:
Incompetency, inefficiency, or inattention to or dereliction of duty;
Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, any act of omission or commission tending to injure the public service, any willful failure on the part of the employee to properly conduct himself or herself, or any willful violation of the Civil Service Act or the rules and regulations adopted pursuant to such act;
Mental or physical unfitness for the position which the employee holds;
Drunkenness or the use of intoxicating liquors, narcotics, or any other habit-forming drug, liquid or preparation to such an extent that the use interferes with the efficiency of mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of his or her position;
Conviction of a felony or misdemeanor tending to injure the employee's ability to effectively perform the duties of his or her position; or
Any other act or failure to act which, in the judgment of the Civil Service Commission is sufficient to justify the offender to be an unsuitable and unfit person to be employed in the public service.
Disciplinary Action Procedure.
No employee in the Civil Service who shall have been permanently appointed or inducted into Civil Service shall be removed, suspended, demoted, or discharged, except for cause and then only upon the written accusation of the Police Chief, Mayor, or any citizen or taxpayer.
The written accusation shall set forth the alleged misconduct, charges, or grounds for investigation against the employee. The written accusation shall be delivered by the complainant (a) to the Police Chief, (b) to the Mayor and (c) to the employee personally or by certified mail addressed to the employee at the residence address of the employee shown in the personnel records of the City.
The Police Chief or Mayor shall have the authority to immediately suspend, with pay, an employee against whom such written accusation has been filed, pending reinstatement, removal, demotion, discharge, or further suspension of the employee, with or without pay.
Any employee so removed, suspended, demoted or discharged may, within 10 calendar days after receiving written notice of the removal, suspension, demotion or discharge, file a written demand for an investigation and public hearing by the Civil Service Commission. The employee shall file the request for the hearing with the Secretary of the Commission within 10 calendar days of receipt of notice of the removal, suspension, demotion or discharge. Failure to do so shall constitute a waiver of the employee's right to review by the Civil Service Commission and the decision of the Police Chief or Mayor shall become final.
Within three calendar days after receipt of the employees demand for investigation and public hearing, the Police Chief or Mayor shall cause to be mailed or delivered to the employee and Secretary of the Civil Service Commission a notice containing:
Within six calendar days after the filing of the written demand for an investigation and public hearing, or within three days following his/her receipt of the information required by subsection 3e, above, whichever is later, the employee shall mail or deliver copies of the following to the Commission:
If any of the deadlines provided for in this Section falls on a Saturday, Sunday, or legal holiday observed by the City, then such deadline shall be extended to the next working day. Furthermore, the failure of either party to meet any one of such deadlines shall not in and of itself result in the suspension or abatement of the disciplinary action taken, or in the termination of the requested investigation and public hearing.
Upon receipt of a written demand for an investigation and public hearing, the Commission shall conduct an investigation. If the Commission determines a special counsel is necessary, the Commission may be represented by special counsel appointed by the Commission for any such investigation. The investigation shall be confined to the determination of whether the disciplinary action was made in good faith for cause, which shall mean that the action was not arbitrary or capricious and was not made for political or religious reasons, and to review the submissions of the Police Chief or Mayor and employee to determine whether any individuals or documents should be subpoenaed by the Commission for the subsequent public hearing before the Commission.
The Commission shall schedule a public hearing to be held after the investigation and no less than 10 nor more than 20 days of the employee's written demand for an investigation and public hearing. The Commission shall notify the Police Chief or Mayor and employee in writing at least five calendar days prior to the date of the hearing, of the date, time and place of hearing.
The Police Chief and/or Mayor shall be permitted to appear in person and have the City Attorney present the case to the Commission on behalf of the City. The Police Chief and/or Mayor may present evidence by testimony and documents and shall be permitted to cross-examine the employee's witnesses. At the hearing, the employee shall be permitted to appear in person and by counsel and to present his or her defense. The employee may present evidence by testimony and documents and shall be permitted to cross-examine the witnesses called by the City.
The Commission may affirm the action taken by the Police Chief or Mayor, if such action is supported by a preponderance of the evidence. If the Commission finds that the removal, suspension, demotion or discharge was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of such employee in the position or employment from which such employee was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission in its discretion so provides, be retroactive and entitle such person to compensation and restoration of benefits and privileges from the time of such removal, suspension, demotion or discharge.
After the hearing, in lieu of affirming the removal, suspension, demotion or discharge, the Commission may modify the order of removal, suspension, demotion, or discharge by directing a suspension, with or without pay, for a given period and the subsequent restoration to duty or demotion in position or pay. No later than 10 calendar days after the hearing, the Commission shall certify its findings in writing to the employee, and the Police Chief or Mayor who shall enforce them.
Appeals from the decision of the Civil Service Commission may be taken to the District Court in the manner provided by law.
This Section shall not apply to oral or written reprimands.
Oral Reprimands. Any employee may be verbally admonished for cause. Such oral reprimand shall not be used for further disciplinary purposes unless reduced in writing subsequent to the incident and transmitted to the employee at which time the employee shall have, at his option, the opportunity to comment in writing thereon. In no event shall an oral reprimand be retained for a period in excess of one calendar year. Provided, however, that no employee may appeal an oral reprimand to the Civil Service Commission.
Written Reprimands. Any employee may be reprimanded for cause. Such reprimand shall be in writing. Such reprimand shall be transmitted to the employee and an employee signed copy shall be transmitted to the Civil Service Commission for inclusion in the employee's personnel file. Provided, however, that no employee may appeal a written reprimand to the Civil Service Commission.
Labor Contract. Those employees who are members of the Ralston Fraternal Order of Police ("FOP") shall be governed by the terms and conditions of the existing labor contract. To the extent that any provision in this Section conflicts with the FOP contract the terms and conditions of the FOP contract shall govern the employees who are members of the FOP.
(Ref. 19-1833 RS Neb.)
[Added by Ord. No. 953, 11-21-1995]
The City of Ralston, Nebraska, does hereby create a Community Development Agency which shall consist of the Mayor and City Council of the City of Ralston, Nebraska. Such Agency shall function in the manner hereinafter prescribed and may exercise all of the power and authority granted to a community redevelopment authority in Sec. 18-2101 to 18-2144 Nebraska Revised Statutes.
The Community Development Agency may levy taxes for the exercise of such jurisdiction and authority and may issue general obligation bonds, general obligation notes, revenue bonds and revenue notes, including general obligation and revenue refunding bonds and notes for the purposes set forth in such sections and under the power granted to any authority described.
The Mayor and City Council of the City of Ralston may function as the Community Development Agency at any regular or special meeting of the Ralston City Council for which proper notice is given and for which the agenda sets forth items which may be properly brought up before the council on the matter of community development or community redevelopment. (Ref. 18-2101 - 18-2144 RS Neb.)
[Added by Ord. No. 1030, 8-15-2000]
There is hereby created the Community Redevelopment Authority of the City of Ralston, Nebraska.
Officers. Five persons, all of whom shall be residents of the City of Ralston, shall constitute the Authority. The five members shall be selected by the Mayor and approved by the City Council. The Mayor shall designate the term of office for each member, as provided in Neb. Rev. Stat. § 18-2102.01. The Authority shall select one of its members as chairman and one as vice-chairman. A total of four members of the Authority shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be made available for public inspection during regular business hours.
Director. The Authority shall select a person to serve as director and ex officio secretary of the Community Redevelopment Authority.
Funds. All income, revenue, profits, and other funds received by the Authority shall be deposited with the City Treasurer as ex officio treasurer of such Authority without commingling such money with any other money under her control and disbursed by her by check or draft only upon warrants, orders, or requisitions by the chairman of the Authority or other person authorized by the Authority, which shall state distinctly the purpose for which the same are drawn; and a permanent record shall be kept by the Authority of any such activity.
Any person who violates any of the prohibitions or provisions of any Article or Section of this Chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular Article or Section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed $1,000 and/or imprisonment for any length of time not to exceed three months, in the discretion of the court; Provided, whenever any Section of this Chapter shall declare a nuisance, a violation of that Section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply. (Ref. 16-225, 16-246 RS Neb.)