April 30, 2010
Full Time Help As A Matter Of Right
The Nebraska Supreme Court has held that a county board of supervisors lacked the authority to deny the request of the elected county attorney to hire a full time secretary. The board had approved only part-time support.
The court majority affirmed the conclusion of the trial court and held that "...the Board lacked the authority to disapprove [the county attorney's] reasonable salary request absent a finding that the request was arbitrary, capricious, or unresonable."
Chief Justice Heavican dissented. While agreeing that the board cannot infringe upon the "power of a county officer to run his or her office as he or she sees fit, [the exercise of] that power [is] subject to legitimate budgetary constraints encountered by the county board." (Mike Frisch)
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