[Amended by Ord. No. 1100, 5-17-2005; Ord. No. 1141, 1-6-2009; amended 1-19-2021 by Ord. No. 1277]
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 shall
be limited to serving a maximum of two consecutive four-year terms,
provided that interim or temporary appointments for terms of less
than two years shall not be considered a "term" for purposes of such
term limitation. 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 of each calendar 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; 10-4-2022 by Ord. No. 1312]
1.
Members, term, removal, and vacancies. The Planning Commission shall
consist of nine members who shall represent, as far as is possible,
the different professions or occupations in the city and shall be
appointed by the Mayor by and with the approval of a majority vote
of the members of the City Council. A majority of members appointed
to the Commission shall constitute a quorum for the transaction of
any business. All members of the Commission shall serve without compensation.
The term of each member shall be three calendar years, which shall
be staggered so that three members' terms expire each year. All
members shall hold office until reappointed or their successors are
appointed. Any member may, after a public hearing before the City
Council, be removed by the Mayor with the consent of a majority vote
of the members of the City Council for inefficiency, neglect of duty
or malfeasance in office, or other good and sufficient cause. Vacancies
occurring otherwise than through the expiration of term shall be filled
for the unexpired portion of the term by appointment by the Mayor.
A member of the Planning Commission may hold any other City office
except (a) Mayor, (b) a member of the City Council, (c) a member of
the Community Redevelopment Authority, or (d) a member of any citizen
advisory review committee.
2.
Organization and meetings. The Planning Commission shall elect its
chairperson and vice-chairman from its members at the first meeting
each year. The term of the chairperson shall be one year, and he or
she shall be eligible for reelection. The Commission shall hold at
least one regular meeting in each calendar quarter. The City Council
may require the commission to meet more frequently and the chairperson
of the Commission may call for a meeting when necessary to deal with
business pending before the Commission. The Commission shall adopt
rules and regulations for the transaction of business. The City Clerk
shall keep a record of the Commission's resolutions, transactions,
findings, and determinations, which shall be a public record.
3.
Powers and duties. The Planning Commission shall (a) make and adopt
plans for the physical development of the City or village, (b) prepare
and adopt such implemental means as a capital improvement program,
subdivision regulations, building codes, and a zoning ordinance in
cooperation with other City officials, and (c) consult with and advise
public officials and agencies, public utilities, civic organizations,
educational institutions, and citizens with relation to the promulgation
and implementation of the comprehensive development plan and its implemental
programs. The Commission may delegate authority to any such group
to conduct studies and make surveys for the Commission, make preliminary
reports on its findings, and hold public hearings before submitting
its final reports. The City Council shall not take final action on
matters relating to the comprehensive development plan, capital improvements,
building codes, subdivision development, or zoning until it has received
the recommendation of the Planning Commission. The City Council shall
by ordinance set a reasonable time within which the recommendation
from the Planning Commission is to be received. A recommendation from
the Planning Commission shall not be required for subdivision of existing
lots and blocks whenever all required public improvements have been
installed, no new dedication of public rights-of-way or easements
is involved, and such subdivision complies with the ordinance requirements
concerning minimum areas and dimensions of such lots and blocks.
4.
Conditional Uses. The Planning Commission may grant conditional uses
to property owners for the use of their property per standards and
procedures adopted by the Commission and approved by the City Council
for equitably and judiciously granting such conditional uses. The
granting of a conditional use permit shall only allow property owners
to put their property to a special use if it is among those uses specifically
identified in the zoning ordinance as classifications of uses which
may require special conditions or requirements to be met by the owners
before a use permit or building permit is authorized. (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.
[Amended 11-23-2020 by Ord. No. 1275; 3-1-2022 by Ord. No. 1301]
1.
Members, organization and meetings. The Board of Health shall consist
of five members consisting of: the Mayor, who shall serve as chairman;
the Police Chief, who shall serve as secretary and quarantine officer;
the President of the City Council; a physician who shall serve as
the medical advisor, and one other member. The physician and other
member shall be appointed by the Mayor with the approval of the City
Council, and shall continue to serve at the pleasure of the Mayor.
The Board shall meet at such times as the Mayor or City Administrator
may designate. A majority of the Board shall constitute a quorum for
the purpose of doing business. The City Clerk shall keep the full
and correct minutes and records of all meetings which shall be public
records.
2.
Powers and duties. The Board shall enact rules and regulations, having
the force and effect of law, to safeguard the health of the people
of such City and prevent nuisances and unsanitary conditions, enforce
the same, and provide fines and punishments for the violation of such
rules and regulations. 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.
3.
Penalties. Any person who is found to have violated any order, rule
or regulation of the Board of Health duly enacted pursuant to the
terms of this section shall be guilty of a Class IV misdemeanor or
such lesser penalty as the Board of Health may provide in such order,
rule or regulation. Each instance of violation of this Article may
be considered a separate offense.
(Ref. 16-238 RS Neb.)
[Amended by Ord. No. 848, 3-7-1989; amended 1-19-2021 by Ord. No. 1277]
1.
Creation and Establishment. There is hereby created and established
a City Parks and Tree Commission for the City of Ralston, Nebraska,
which shall consist of six members who shall be residents of this
City and who shall be appointed by the Mayor, with the approval of
the City Council.
2.
Term; Compensation. The term of the six persons to be appointed by
the Mayor shall be three years, except that at the time of the first
appointment, one-third of the number to be appointed shall be appointed
for a term of one year, one-third for a term of two years, and the
rest shall be appointed for a term of 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.
3.
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.
4.
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.
5.
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.
6.
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.)
1.
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.
2.
Duties. It shall be the duty of the Retirement Committee to:
a.
Provide each employee a summary of plan eligibility requirements
and benefit provisions:
b.
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;
c.
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
d.
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.
3.
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]
1.
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.
2.
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.
3.
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]
1.
Tenure of Employment. The tenure of a person holding a position of
employment subject to this Chapter shall be only during good behavior.
2.
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:
a.
Incompetency, inefficiency, or inattention to or dereliction of duty;
b.
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;
c.
Mental or physical unfitness for the position which the employee
holds;
d.
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;
e.
Conviction of a felony or misdemeanor tending to injure the employee's
ability to effectively perform the duties of his or her position;
or
f.
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.
3.
Disciplinary Action Procedure.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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:
f.
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:
g.
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.
h.
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.
i.
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.
j.
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.
k.
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.
l.
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.
m.
Appeals from the decision of the Civil Service Commission may be
taken to the District Court in the manner provided by law.
n.
This Section shall not apply to oral or written reprimands.
4.
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.
5.
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.
6.
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]
1.
There is hereby created the Community Redevelopment Authority of
the City of Ralston, Nebraska.
2.
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.
3.
Director. The Authority shall select a person to serve as director
and ex officio secretary of the Community Redevelopment Authority.
4.
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.
Editor's Note: Article II, Penal Provision, and Section 2-201,
Violation; Penalty, were repealed by Ord. No. 1303.
