Nebraska Revised Statutes

Neb. Rev. Stat. § 23-1111 (2026)

County officers; clerks and assistants; county board; budgetary approval

✓ current as of July 2026

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(1) The county officers in all counties shall have the necessary clerks and assistants for such periods and at such salaries as the county officers may determine, subject to budgetary approval by the county board.

(2) In carrying out its budget-making duties, a county board shall not eliminate an office or unduly hinder a county officer in the conduct of his or her statutory duties. If a county officer challenges the county board's decision in court, the county officer shall have the burden to prove such elimination or hindrance by clear and convincing evidence.

Notes of Decisions

Cited in 6 cases, 1960–2010 · leading case: Wetovick v. Cnty. of Nance, 782 N.W.2d 298 (Neb. 2010).

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Wetovick v. Cnty. of Nance, 782 N.W.2d 298 (Neb. 2010). · cites it 31× “We conclude that under Neb.Rev.Stat. § 23-1111 (Reissue 2007), the Board lacked authority to disapprove Wetovick's reasonable salary request absent a finding that the request was arbitrary, capricious, or unreasonable.”

Sarpy Cnty. Pub. Employees Ass'n v. Cnty. of Sarpy, 370 N.W.2d 495 (Neb. 1985). · cites it 38× “*498 In addition to the provisions of §§ 48-801(4) and 23-103, we are further required to consider Neb.Rev.Stat. § 23-1111 (Reissue 1983), which reads as follows: "The county officers in all counties shall have the necessary clerks and assistants for such periods and at such…”

Bass v. Cnty. of Saline, 106 N.W.2d 860 (Neb. 1960). · cites it 14× “It is the contention of the plaintiff that the effect of section 23-1111, R. R. S. 1943, authorizes the county judge to fix the salary of the clerk of the county court, provided that such salary is reasonable and not the arbitrary act of the county judge.”

State Ex Rel. Garvey v. Cnty. Bd. of Commissioners, 573 N.W.2d 747 (Neb. 1998). · cites it 15× “This court examined the language of Neb. Rev. Stat. § 23-1111 (Reissue 1991) and noted a conflict between the ability of the official and the county board to set salaries.”

Meyer v. Colin, 281 N.W.2d 737 (Neb. 1979). · cites it 2× “It is clear that section 23-1111, R. R. S. 1943, requiring the approval of salaries by the County Board, does not allow the Board to arbitrarily reduce the salaries recommended by the elected officer.”

Hall Cnty. Pub. Defenders Org. v. Cnty. of Hall, 571 N.W.2d 789 (Neb. 1998). · cites it 2× “2d 860 (1960) (holding that absent evidence that salaries recommended by county officials under Neb. Rev. Stat. § 23-1111 (Reissue *768 1991) were arbitrary, unreasonable, or capricious, county board was without authority to disapprove official’s salary request).”

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