§ 81-1403 — Council; duties; law enforcement agency; duties; administrative fine

Nebraska § 81-1403

• Jurisdiction: Nebraska
• Ch. 81: State Administrative Departments

Text

Subject to review and approval by the commission, the council shall:
(1) Adopt and promulgate rules and regulations for law enforcement pre-certification, certification, continuing education, and training requirements. Such rules and regulations may include the authority to impose a fine on any individual, political subdivision, or agency who or which violates sections 81-1401 to 81-1414.19 or any rules and regulations adopted and promulgated thereunder. The fine for each separate violation of such sections or of any such rule or regulation shall not exceed either (a) a one-time maximum fine of five hundred dollars or (b) a maximum fine of one hundred dollars per day until the individual, political subdivision, or agency complies with such rules or regulations;
(2) Adopt and promulgate rules and regulations for the operation of the training center;
(3) Recommend to the executive director of the commission the names of persons to be appointed to the position of director of the training center;
(4) Establish requirements for satisfactory completion of pre-certification programs, certification programs, and advanced training programs;
(5) Issue certificates or diplomas attesting satisfactory completion of pre-certification programs, certification programs, and advanced training programs;
(6) Revoke or suspend such certificates or diplomas according to rules and regulations adopted and promulgated by the council pursuant to sections 81-1401 to 81-1414.19 for reasons which shall include, but not be limited to:
(a) Final conviction of or pleading guilty or nolo contendere to a:
(i) Felony violation of state or federal law;
(ii) Misdemeanor crime of domestic violence; or
(iii) Misdemeanor violation of state or federal law, if the violation has a rational connection with the officer's fitness or capacity to serve as a law enforcement officer;
(b) Serious misconduct; or
(c) A violation of the officer's oath of office, code of ethics, or statutory duties;
(7) The council shall adopt and promulgate rules and regulations that:
(a) Provide for the revocation of a certificate or diploma without a hearing upon the certificate or diploma holder's final conviction of or pleading guilty or nolo contendere to a felony or misdemeanor described in subdivision (6) of this section; and
(b) Include a procedure for hearing appeals of any person who feels that the revocation or suspension of his or her certificate or diploma was in error;
(8) Set the tuition and fees for the training center and all officers of other training academies not employed by that training academy's agency. The tuition and fees set for the training center pursuant to this subdivision shall be adjusted annually pursuant to the training center budget approved by the Legislature. All other tuition and fees shall be set in order to cover the costs of administering sections 81-1401 to 81-1414.19 . All tuition and fees shall be remitted to the State Treasurer for credit to the Nebraska Law Enforcement Training Center Cash Fund;
(9) Annually certify any training academies providing a basic course of law enforcement training which complies with the qualifications and standards promulgated by the council and offering training that meets or exceeds training that is offered by the training center. The council shall set the maximum and minimum applicant enrollment figures for training academies training non-agency officers;
(10) Extend the programs of the training center throughout the state on a regional basis;
(11) Establish the qualifications, standards, and continuing education requirements and provide the training required by section 81-1439 ; and
(12) Do all things necessary to carry out the purpose of the training center, except that functional authority for budget and personnel matters shall remain with the commission.
Any administrative fine imposed under this section shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper form of action by the office of the Attorney General in the name of the State of Nebraska in the district court of the county where the final agency action was taken. All fines imposed by the council shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Legislative History

Source: Laws 1969, c. 773, § 3, p. 2926; Laws 1971, LB 929, § 3; Laws 1984, LB 673, § 1; Laws 1988, LB 666, § 1; Laws 1994, LB 971, § 3; Laws 2000, LB 994, § 4; Laws 2005, LB 115, § 1; Laws 2011, LB390, § 16; Laws 2012, LB817, § 6; Laws 2013, LB538, § 2; Laws 2021, LB51, § 5. Annotations: The statutory authority to suspend or revoke law enforcement officers' certificates or diplomas upon a finding of serious misconduct was one factor in finding that complaints about officer misconduct filed with the Nebraska Commission on Law Enforcement and Criminal Justice are absolutely privileged. Elbert v. Young, 312 Neb. 58, 977 N.W.2d 892 (2022). A State Patrol trooper cannot continually engage in pattern of assaultive behavior toward his or her spouse and not be in violation of subsection (5) of this section. Hauser v. Nebraska Police Stds. Adv. Council, 269 Neb. 541, 694 N.W.2d 171 (2005). A State Patrol trooper is not relieved of compliance with subsection (5) simply because he or she is "off duty." Hauser v. Nebraska Police Stds. Adv. Council, 269 Neb. 541, 694 N.W.2d 171 (2005). Evidence of a State Patrol trooper's neglect of duty is enough to justify the revocation of his or her law enforcement certificate. Hauser v. Nebraska Police Stds. Adv. Council, 269 Neb. 541, 694 N.W.2d 171 (2005). It is not necessary to prove both neglect of duty and emotional incapacity in order to revoke a law enforcement certificate. Hauser v. Nebraska Police Stds. Adv. Council, 269 Neb. 541, 694 N.W.2d 171 (2005). The Nebraska State Patrol's code of conduct, code of ethics, and oath of office may be used as guidelines for evaluating and making determinations as to the duties and conduct expected of a State Patrol trooper and in deciding whether a law enforcement certificate should be revoked pursuant to subsection (5) of this section. Hauser v. Nebraska Police Stds. Adv. Council, 269 Neb. 541, 694 N.W.2d 171 (2005). It is the Nebraska Commission on Law Enforcement and Criminal Justice, not the Nebraska Police Standards Advisory Council, which is charged with the promulgation, adoption, and filing with the Secretary of State of rules and regulations. Hauser v. Nebraska Police Stds. Adv. Council, 264 Neb. 605, 650 N.W.2d 760 (2002).