NOTICE OF EMERGENCY MEETING

 

Otoe County Courthouse

Nebraska City NE  68410

 

NOTICE IS HEREBY GIVEN that the Otoe County Commissioners will hold an Emergency Meeting at 3:00 P.M. on August 29, 2008, in the County Courtroom of the Otoe County Courthouse at Nebraska City.  The meeting will be open to the public, but no public comment will be allowed at this Emergency Meeting. An agenda for such meeting is kept continuously current, and is available for public inspection at the office of the County Clerk at the Courthouse.

                 

                                   

 

AGENDA

                                                  August 29, 2008

                             

 

 

                    3:00 p.m. – Open meeting, roll call

                  

                     Discussion and/or action RE: Otoe County’s response to comments from the

Attorney General in regards to the Open Meetings Act and the September 1, 2008, layoffs of seven Otoe County Road/Bridge employees

           

                    

 

 

 

 

 

                                                                                                                    Janene Bennett

                                                                                                                                 Otoe County Clerk         

           

 

                                                         

 

August 29, 2008  Emergency Meeting

 

The Otoe County Board of Commissioners convened in emergency session at 3:00 p.m. on August 29, 2008, pursuant to Nebraska State Statute 84-1411. The meeting was held in the County Courtroom (108) of the Otoe County Courthouse. The meeting was open to the public, but no public comment was allowed at this Emergency Meeting. According to 1975-1976 Op. Att’y Gen. No. 116 at 150, the Attorney General has stated that an item of an emergency nature is one that requires immediate resolution by the public body, and one which has arisen in circumstances impossible to anticipate at a time sufficient to place on the agenda of a regular, called, or special meeting of the body. As was this case, time did not allow for publication in the Nebraska City News Press, however, the Nebraska City News Press and KNCY Radio were sent a Notice of Emergency Meeting with an agenda attached on Thursday, August 28, 2008.  The agenda for such meeting was kept current and is available for public inspection at the office of the County Clerk.  

 

The meeting was called to order by Chairman of the Board, Dale Haverty. Chairman Haverty informed the public in attendance that current copies of the Open Meetings Act are located on the shelf of the podium in the back of the room and are available to the public. He asked that all attendees turn off their cell phones or set them to vibrate while present in the meeting room. Answering present at roll call were, Commissioner Haverty, Commissioner Kreifels, and Commissioner Schroder.

 

Chairman Haverty asked County Attorney, Dave Partsch, to make a brief statement about the nature of the meeting. Mr. Partsch said this meeting was called for the purpose of quickly responding to the comments made by the Attorney General regarding the Open Meetings Act and the September 1, 2008, layoff of seven County employees. Due to the promptness of the response from the Attorney General received on August 28, 2008, the County Commissioners may now cure prior acts that have been tainted by a violation of the Open Meetings Act before they go into effect. Prompt action is necessary to ensure that these employees remain on the job and are able to retain their benefits during this process. Because of the nature of the emergency meeting, the only action that may be taken is action to vacate the layoffs which were scheduled to be effective September 1st.  Partsch emphasized that the Attorney General has not and cannot invalidate, void, or vacate actions taken by the Otoe County Board; only the Board itself or District Court has that authority. Finally, Mr. Partsch said that he has provided legal advice to each of the Commissioners and now it is up to them as to whether they choose to take action at this meeting.

 

Commissioner Schroder made a motion, seconded by Commissioner Kreifels to rescind the disbanding of the Otoe County Bridge Department and the discontinuance of rock hauling that will be effective September 1, 2008, and to continue employment of the seven affected Otoe County employees.

 

Chairman Haverty asked if there was any further discussion from the other two commissioners. There being none, Chairman Haverty said that this action does not mean that these employees are back on the job permanently. The County still has the same budget problem but worse than before because we now have to pay these employees for another three weeks; this action today does not mean that these employees have a permanent placing on the payroll. Chairman Haverty called for a vote by roll call – those voting aye were Commissioners Haverty, Kreifels and Schroder; nay – none. Motion carried.

 

This being the only business to address at this emergency meeting, Chairman Haverty asked for a motion to adjourn. Commissioner Schroder made a motion, seconded by Commissioner Kreifels to adjourn at 3:07 p.m. Voting - Commissioners Kreifels, aye; Schroder; aye; Haverty, aye. None – nay. Motion carried.

 

I, Janene Bennett, Otoe County Clerk, do hereby certify that the above minutes were taken by me, and are true and correct to the best of my knowledge, and I therefore set my hand, and affix my seal this 29th day of August, 2008.

 

 

 

Janene Bennett

Otoe County Clerk