19-1826. Terms, defined.
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/ne/chapter-19/19-1826A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in the Civil Service Act, unless the context otherwise requires:
(1)Agreement means an agreement pursuant to the Interlocal Cooperation Act;
(2)Appointing authority means:
(a)In a mayor and council form of government, the mayor with the approval of the city council, except to the extent that the appointing authority is otherwise designated by ordinance to be the mayor or city administrator;
(b)in a commission plan of government, the mayor and city council or village board of trustees;
(c)in a village form of government, the village board of trustees; and
(d)in a city manager plan of government, the city manager;
(3)Appointment means all means of selecting, appointing, or employing any person to hold any position or employment subject to civil service;
(4)Commission means a civil service commission created pursuant to the Civil Service Act;
(5)Commissioner means a member of the commission;
(6)Existing commission means a civil service commission of a city of the first class as it existed immediately prior to the effective creation of a merged commission;
(7)Full-time firefighter means a duly appointed firefighter who is paid regularly by a municipality and for whom firefighting is a full-time career, but does not include any clerical, custodial, or maintenance personnel who is not engaged in fire suppression;
(8)Full-time police officer means a police officer in a position which requires certification by the Nebraska Law Enforcement Training Center, created pursuant to section 81-1402 , who has the power of arrest, who is paid regularly by a municipality, and for whom law enforcement is a full-time career, but does not include any clerical, custodial, or maintenance personnel;
(9)Governing body means:
(a)In a mayor and council form of government, the mayor and city council;
(b)in a commission plan of government, the mayor and city council or village board of trustees;
(c)in a village form of government, the village board of trustees; and
(d)in a city manager plan of government, the mayor and city council;
(10)Merged commission means a civil service commission resulting from the merger of two or more commissions pursuant to section 19-1848 ;
(11)Municipality means all cities and villages specified in subsection
(1)of section 19-1827 having full-time police officers or full-time firefighters;
(12)Position means an individual job which is designated by an official title indicative of the nature of the work; and
(13)Promotion or demotion means changing from one position to another, accompanied by a corresponding change in current rate of pay.
Fully paid fire department means a fire department having members paid regularly by city and devoting their whole time to firefighting. State ex rel. Retchless v. Cook, 181 Neb. 863, 152 N.W.2d 23 (1967).
By definition contained in this section, employee is required to devote his whole time to firefighting or law enforcement. Dlouhy v. City of Fremont, 175 Neb. 115, 120 N.W.2d 590 (1963).