23-1734 Deputy sheriff; removal, suspension, reduced in rank or grade; procedure; grievance; procedure. - Nebraska Statutes

23-1734. Deputy sheriff;removal, suspension, reduced in rank or grade; procedure; grievance; procedure.(1)(a) Any deputy sheriffmay be removed, suspended withor without pay, or reduced in either rank or grade or both rankand grade by the sheriff, after appointment or promotion is complete, by anorder in writing, stating specifically the reasons therefor. Such order shallbe filed with the sheriff's office merit commission, and a copy thereof shall be furnished to theperson so removed, suspended, or reduced. Any person so removed, suspended with or without pay, or reducedin either rank or grade or both rank and grade may, within ten days afterpresentation to him or her of the order of removal, suspension with or without pay, or reduction, appeal tothe commission from such order. The commission shall, within two weeks after the filing of such appeal, hold a hearingthereon, 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 orother representation and a public hearing. The finding and decisionof the commission shall be certified to the sheriff and shall forthwith beenforced and followed, but under no condition shall the employee who has appealedto the commission be permanently removed, suspended with or without pay, or reduced in rank untilsuch finding and decision of the commission is so certified to the sheriff.(b) This subsectiondoes not apply to a deputy sheriff during his or her probationary period.(2) Any deputy sheriff may grieve a violation of an employmentcontract, a personnel rule, a state or local law, or a written departmentalpolicy or procedure to the commission. The commission shall hear the grievanceat 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 subjectto a labor agreement, all applicable procedures in the agreement shall befollowed prior to the matter being heard by the commission. In all other cases,the matter shall be grieved, in writing, to the commission within fifteencalendar days after the date the deputy sheriff becameaware of the occurrence giving rise to the grievance. After hearing or reviewingthe grievance, the commission shall issue a written order either affirmingor denying the grievance. Such order shall be delivered to the parties tothe grievance or their counsel orother representative within seven calendar days after the dateof the hearing or the submission of the written grievance. SourceLaws 1969, c. 140, § 14, p. 646; Laws 2003, LB 222, § 11; Laws 2009, LB158, § 3.AnnotationsThis section does not become operative until a deputy sheriff has been reduced in either rank or grade or both by the sheriff; it does not become operative until the sheriff acts. The commissioner's authority, under this section, to modify the action of the sheriff does not permit him to increase the punishment imposed by the sheriff. Freese and Johnson v. County of Douglas, 210 Neb. 521, 315 N.W.2d 638 (1982).