§ 15-332 — City officers; removal; power of district court; procedure

Nebraska § 15-332

• Jurisdiction: Nebraska
• Ch. 15: Cities of the Primary Class

Text

The power to remove from office the mayor or any city council member or other officer of a city of the primary class for good and sufficient cause is hereby conferred upon the district court for the county in which such city is situated, when not otherwise provided by law, and whenever any three city council members shall make and file with the clerk of such court the proper charges and specifications against the mayor, alleging and showing that he or she is guilty of malfeasance or misfeasance as such officer, or that he or she is incompetent or neglects any of his or her duties as mayor, or that for any other good and sufficient cause stated, he or she should be removed from office as mayor; or whenever the mayor or any three city council members shall make and file with the clerk of such court the proper charges and specifications against any city council member or other officer, alleging and showing that he or she is guilty of malfeasance or misfeasance in office or that he or she is incompetent or neglects any of his or her duties, or that from any other good and sufficient cause stated, he or she should be removed from office, the judge of such court may issue the proper order, requiring such officer to appear before him or her on a day named therein, not more than ten days after the service of such order, together with a copy of such charges and specifications, upon such officer to show cause why he or she should not be removed from his or her office. The proceedings in such case shall take precedence over all civil cases and be conducted according to the rules of such court in such cases made and provided, and such officer may be suspended from the duties of his or her office during the pendency of such proceedings by order of such court. During the time any officer is suspended, the mayor and city council, or in case the mayor is suspended, then the city council, may appoint any competent person to perform the duties of the officer so suspended, provide for his or her compensation, and require such appointee to execute a good and sufficient bond for the faithful performance of the duties of the office.

Legislative History

Source: Laws 1901, c. 16, § 65, p. 93; R.S.1913, § 4509; C.S.1922, § 3895; C.S.1929, § 15-332; R.S.1943, § 15-332; Laws 2020, LB1003, § 97.