(1)(a) Any deputy sheriff
may be removed, suspended with
or without pay, or reduced in either rank or grade or both rank
and grade by the sheriff, after appointment or promotion is complete, by an
order in writing, stating specifically the reasons therefor. Such order shall
be filed with the sheriff's office merit commission, and a copy thereof shall be furnished to the
person so removed, suspended, or reduced. Any person so removed, suspended with or without pay, or reduced
in either rank or grade or both rank and grade may, within ten days after
presentation to him or her of the order of removal, suspension with or without pay, or reduction, appeal to
the commission from such order. The commission shall, within two weeks after the filing of such appeal, hold a hearing
thereon, and thereupon fully hear and determine the matter, and either affirm,
modify, or revoke such order. The appellant shall be entitled to appear personally,
produce evidence, and have counsel or
other representation and a public hearing. The finding and decision
of the commission shall be certified to the sheriff and shall forthwith be
enforced and followed, but under no condition shall the employee who has appealed
to the commission be permanently removed, suspended with or without pay, or reduced in rank until
such finding and decision of the commission is so certified to the sheriff.
(b) This subsection
does not apply to a deputy sheriff during his or her probationary period.
(2) Any deputy sheriff may grieve a violation of an employment
contract, a personnel rule, a state or local law, or a written departmental
policy or procedure to the commission. The commission shall hear the grievance
at the next regularly scheduled meeting, or the commission may, at its discretion,
set a special meeting to hear the grievance. If the deputy sheriff is subject
to a labor agreement, all applicable procedures in the agreement shall be
followed prior to the matter being heard by the commission. In all other cases,
the matter shall be grieved, in writing, to the commission within fifteen
calendar days after the date the deputy sheriff became
aware of the occurrence giving rise to the grievance. After hearing or reviewing
the grievance, the commission shall issue a written order either affirming
or denying the grievance. Such order shall be delivered to the parties to
the grievance or their counsel or
other representative within seven calendar days after the date
of the hearing or the submission of the written grievance.
Notes of Decisions
Donald Morgan v. Michael Robinson, 920 F.3d 521 (8th Cir. 2019).
“"); Neb. Rev. Stat. § 23-1734 ("Any deputy sheriff may be removed, suspended with or without pay, or reduced in either rank or grade or both rank and grade by the sheriff .”
Freese v. Cnty. of Douglas, 315 N.W.2d 638 (Neb. 1982).
· cites it 4× “*523 The particular section of the statute raised by this appeal is § 23-1734, which reads as follows: “Any deputy sheriff may be removed, suspended, or reduced in either rank or grade or both rank and grade by the sheriff, after appointment or promotion is complete, by an order…”
Bauermeister Deaver Ecol. v. Waste Mgmt. Co., 290 Neb. 899 (2015).
· cites it 3× “CONCLUSION Although, typically, decisions rendered by an inferior tribu- nal, board, or commission are final when they are announced on the record, the specificity in § 23-1734 overrides that general rule. An order is not final until it meets the require- ments in § 23-1734.”
Schaffer v. Cass Cnty., No. S-14-542 (Neb. May 15, 2015).
· cites it 18× “This dispute centers over whether an oral announcement of a decision triggers the 30-day time period for appeal or whether Neb. Rev. Stat. § 23-1734 (1) and (2) (Reissue 2012) requires a written and certified order before the appeal period begins to toll.”
Kier v. Cnty. of Hall, 963 N.W.2d 74 (Neb. Ct. App. 2021).
· cites it 3× “The decision found that (1) the Merit Commission had jurisdiction to hear the grievance appeal pursuant to § 23-1734(2) and pursuant to the grievance procedures set forth in the CBA’s; (2) the Department and Conrad did not have the authority to restrict Kier from shift bidding…”
Neb. Rev. Stat. § 23-1734(1): 1 case
Schaffer v. Cass Cnty., No. S-14-542 (Neb. May 15, 2015).
“This dispute centers over whether an oral announcement of a decision triggers the 30-day time period for appeal or whether Neb. Rev. Stat. § 23-1734 (1) and (2) (Reissue 2012) requires a written and certified order before the appeal period begins to toll.”
Neb. Rev. Stat. § 23-1734(2): 3 cases
Bauermeister Deaver Ecol. v. Waste Mgmt. Co., 290 Neb. 899 (2015).
“CONCLUSION Although, typically, decisions rendered by an inferior tribu- nal, board, or commission are final when they are announced on the record, the specificity in § 23-1734 overrides that general rule. An order is not final until it meets the require- ments in § 23-1734.”
Schaffer v. Cass Cnty., No. S-14-542 (Neb. May 15, 2015).
“This dispute centers over whether an oral announcement of a decision triggers the 30-day time period for appeal or whether Neb. Rev. Stat. § 23-1734 (1) and (2) (Reissue 2012) requires a written and certified order before the appeal period begins to toll.”
Kier v. Cnty. of Hall, 963 N.W.2d 74 (Neb. Ct. App. 2021).
“The decision found that (1) the Merit Commission had jurisdiction to hear the grievance appeal pursuant to § 23-1734(2) and pursuant to the grievance procedures set forth in the CBA’s; (2) the Department and Conrad did not have the authority to restrict Kier from shift bidding…”
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