CountyLine. Pam Miller 2005 County Official Of The Year INSIDE

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1 Nebraska Association of County Officials CountyLine November, 2005 INSIDE 2005 County Official Of The Year NACO Executive Board Passive Public Railroad Grade Crossings MIPS Client Of The Year NACO Scholarship Winners Essays Pam Miller 2005 County Official Of The Year

2 November, 2005 Page 2 NACO Countyline In This Issue 2005 County Official Of The Year NACO Scholarship Winner s Essays NACO Executive Board... 8 Affiliate Officers Recognized Calendar Of Events Conference Exhibitors and Hospitality Hosts County Classified County Clips Executive Director s Comments... 4 From Far And Near... 5 Legal Calendar MIPS Client Of The Year NACO s 111th Annual Conference... 6 Passive Public Railroad Grade Crossings Stop Or Yield Signs President s Awards... 9 Professional Directory Retention Of Passport Execution Fees Satellite Voting Provides More Options For Voters Executive Officers President Ken Stuhr, York County Vice President Ken Fornander, Deuel County Secretary-Treasurer Jerry McCallum, Madison County Past President David Anderson, Gage County Board of Directors District Representatives Mary Ann Borgeson, Douglas County Bob Workman, Lancaster County Rick Soper, Kimball County Ed Sowders, McPherson County Tim Loewenstein, Buffalo County Duane Wilcox, Washington County Willis Luedke, Saline County Affiliate Representatives Publisher Editor 625 South 14 th St., Suite 200 Lincoln, Neb Telephone: (402) FAX: (402) Web site: Larry J. Dix LarryDix@nacone.org Lisa Wefer Lisa@nacone.org Nancy Ulmer, Hamilton County Sherry Schweitzer, Seward County Marlene Vetick, Platte County Don Thomas, Lancaster County Jon Zavadil, Platte County Janet Suminski, Valley County NACo Representative Tim Loewenstein, Buffalo County NACO Countyline is distributed to all elected and appointed officials in the 93 Nebraska counties, as well as state and federal officials and agency personnel, advertisers and individual subscribers. Views of contributors, whether solicited or unsolicited, are their own and are not to be construed as having the endorsement of NACO, unless specifically stated by the publisher. Subscriptions: $20 per year. Advertising rates available on request. Subscriptions: $20 per year. Advertising rates available on request.

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4 November, 2005 Page 4 Executive Director s Comments Changes In Conference Format Can Lead To Impressive Results Larry Dix Executive Director I have asked the NACO Board to examine the overall format of the conference and I am looking for your input for improvement. With the annual conference a recent memory and deemed a success, I have asked the NACO Board to examine the overall format of the conference and I am looking for your input for improvement. I ask for this while the conference is still fresh in our minds. This past annual conference was the last one scheduled to be held in October for the foreseeable future. The October annual conference will be replaced with an October legislative conference to be held in the central part of the state. Next year s legislative conference will be solely focused on addressing legislative issues. I feel this is a needed additional gathering, especially in light of the upcoming implementation of term limits. Initially, it will be planned as a one day conference with an agenda for reviewing legislative issues, a look at the legislative process, and a general educational discussion on the unicameral process. I also expect to have representatives running for state elective office in attendance and might try to hold an interim hearing during this conference as we did this year at our annual conference. An initial broad based committee will be formed by the NACO President representing a majority of the groups attending our annual conference to gather input and ideas for improvement to the conference program. The initial committee will either be divided into subcommittees, or it will be reduced to a single subcommittee that will be making recommendations to the NACO board for the final format decision. Suggestions that have been received so far include examining the possibility of having preconference educational sessions, determining the starting weekday of the conference, and ending the conference with an awards luncheon instead of an evening banquet. If you have thoughts on how the annual conference format could change for the better, please do not hesitate to me at LarryDix@nacone.org. As always, I look forward to examining ways to improve the association for the betterment of county government.

5 November, 2005 Page 5 NACo Representative s Comments From Far And Near NACO National Association Of Counties Representative Tim Loewenstein NACO Representative The late George Burns said Look to the future, because that s where you ll spend the rest of your life. As I read this I thought about how appropriate this was to County Government. So many of the decisions that we are asked to make on a local level do affect the very personalities of the counties that we live in. It is fortunate for the residents of the 3,066 counties in America that there are individuals who will give of their time and resources to become the local decision makers who mold the future. Unfortunately, the further from our local counties that we look in government, the less local participation seems to exist. From county government to state and then federal, the brush strokes become broader and broader. Here in Nebraska when the Unicameral passes legislation it affects 93 counties when the same happens on the hill 3066 counties are affected. When Larry Dix lobby s in the capitol rotunda foremost in his mind is the broad affect of the bill being debated. When the National staff lobby they have to keep the 3,066 counties in mind and the affect the congressional action will have broadly across all of America. A fundamental, voiced clearly by the membership to staff at the National association, is to retain as much local control as possible. Who better knows what is best for our county than the locals? When a county board acts it affects the lives of those in their own county and prepares the future to be a better place. I think George got it right. If we weigh our decisions by looking to the future, that place where we spend the rest of our lives will be better than it is today. The National Prescription Drug Discount card program continues to grow at astounding rates. The RADON awareness program has an application deadline of December 7 th. For those of you that are members, remember to get your RADON awareness plan in to National Association of Counties before this date. If you are not a member of the National association consider the return on investment. Join today and both of these programs can be available to you. As I ve mentioned before, for most of Nebraska s counties, membership is tenths of a cent over a dollar a day. If you have questions about National membership or any of the programs please feel free to contact me at Timothy@Loewenstein.net. Think about the benefit membership would bring your county today and in the future. Reporting from far and near, Timothy

6 November, 2005 Page 6 NACO s 111th Annual Conference NACO s 111th Annual Conference is now a part of history. The banners have been taken down, the awards have all been received, and the conference delegates have all gone back to their counties and their offices. In their counties they are performing their responsibilities more effectively and efficiently as a direct result of the networking and discussions they Nebraska Governor, David Heineman held, and the education they received at the annual conference in Omaha. In all, eleven affiliate groups and county boards met, both jointly and individually, to conduct their association s business meetings, and to listen to and discuss a wide variety of topics that ranged from Bio-Control Update to An Overview of Depreciation; from E-Government to Fair Labor Standards; and from Canada Thistle Research to Media Relations, to name a few. The conference opened on Tuesday, with addresses from Ruben Barrales, Deputy Assistant to the President and Director of the Office of Intergovernmental Affairs and Nebraska Governor David Heineman. Opening session was followed by a Welcome Reception hosted by NACO Board Members. On Wednesday morning many conference delegates opted to attend the Inspirational Breakfast where the gospel singing group, The Browns, entertained and inspired them while t h e y e n j o y e d a continental breakfast. Immediately following group and joint sessions were held where delegates were updated by presenters and Ruben Barrales discussed issues pertinent to county government. On Thursday, several affiliate groups conducted their association business meetings and joined other county officials in a general session entitled Fostering Respect in Your County A Call to Action. On Thursday afternoon a reception was held for incoming NACO President, Ken Fornander, followed by a social hour and the awards banquet. This issue of Countyline magazine is devoted largely to conference highlights. Throughout the magazine, along with regular features, you will find photo highlights, and articles pertaining to this years conference. Conference Delegates Welcomed by NACO Board NACO Board members welcomed conference delegates to the 111th Annual Conference at the Holiday Inn Central in Omaha by greeting them as they entered the Welcoming Reception on Tuesday Evening. At right, NACO Board member Willis Luedke, Saline County Commissioner, welcomes Lincoln County Register of Deeds, Betty Tatman, while Duane Wilcox, Washington County Commissioner, Tim Loewenstein, Buffalo County Commissioner and Ken Stuhr, York County Commissioner and NACO President welcome other reception goers.

7 November, 2005 Page County Official Of The Year Awarded To Dakota County Commissioner, Pam Miller NACO s most prestigious honor, County Official of the Year, was awarded at the 111th Annual Conference held October 11-13th at the Holiday Inn Central in Omaha. This year s recipient was Dakota County Commissioner, Pam Miller. Miller was presented with an engraved plaque by Ken Stuhr, NACO president at the awards banquet held on Thursday evening. County Official of the Year Award was created in 1979 as a means of honoring one individual each year for his or her leadership abilities, high standard of public service and outstanding contributions made to the medium of county government and that person s community. The award committee pointed to Miller s accomplishments and dedication to the citizens of Dakota County as exemplifying all of the aspects of the standards for this award. Miller resides in Homer with her husband Earl, and children Austin and Amanda. She has been Dakota County Commissioner for three years and is currently Coordinator of Northeast Nebraska Community College. Following are quotes from letters of nominations in favor of Miller receiving the County Official of the Year Award. Pam is an excellent listener and representative for her constituents. Her positive attitude and can-do approach to challenges inspire others and serve as an example for other elected officials. Pam s efforts to improve the quality of life for citizens have touched every corner of the county and will continue to have a positive impact for many years to come. - Steven Rector, Superintendent of Schools. I have had the pleasure to work with thousands of local government officials and staff. Pam is one of the very finest. Her accomplishments are impressive, involvement outstanding and energy exceptional. She is a leader in resolving the many difficult issues facing Dakota County including the new jail, land use and air quality. Pam Miller is a solid Dakota County Commissioner and Nebraska citizen. She is a credit to the county, region and state. Don Meisner, Meisner Management Services, LLC. Pam has worked tirelessly in many capacities in this community. She wears many hats, all of them well. She has had a vital role in county-wide economic development, including getting the proposed new ethanol project off the ground. She is always accessible to her constituents and really cares about the community and its people. Pat Anderson, President, South Sioux City Area Chamber of Commerce. I am a senior in high school at Homer, Nebraska, the same community where Pam resides.... Pam is a living mentor for every young girl in Dakota County. In Pam we see leadership. In Pam we see dedication. In Pam we see commitment and perseverance. In Pam we see the kind of person we hope we can be. Certainly, there can be no higher achievement than to positively influence the younger generation. Pam has done just that. Kristal Stewart, HIWAY Teen Management Board Member. Miller joins a most elite group of county officials who have been presented with the County Official of the Year Award. Also nominated for this award was Patricia Bredenkamp, York County Clerk, Election Commissioner, and Register of Deeds.

8 November, 2005 Page 8 Conference Delegates Cast Vote For 2006 NACO Executive Board Ken Fornander President Jerry McCallum Vice President Lawrence Turner Secretary/Treasurer Ken Stuhr Past President Ken Fornander, Deuel County Treasurer will lead NACO as President in Fornander was elected unanimously by counties casting ballots at the 2005 Annual Conference held in Omaha on October Fornander has been Deuel County Treasurer since 1982 and served on the NACO Executive Board as Secretary/ Treasurer in 2004 and Vice President in Also elected to serve as NACO Vice President was Jerry McCallum, Madison County Commissioner, who held the position of Secretary/Treasurer of the Executive Board in In addition to Fornander, and McCallum, Lawrence Turner, Cherry County Commissioner will hold the position of Secretary/Treasurer and Ken Stuhr, York County Commissioner will hold the position of Past President. Breakfast Goers Motivated and Energized By The Browns For several years now an Inspirational Breakfast has been part of the agenda at NACO s Annual Conference. This year, entertainers for the breakfast were The Browns. The Browns, a family gospel group from Merrill, Iowa, sang gospel and uplifting music while delegates enjoyed a continental breakfast. T h e Browns live on a family farm and the kids have been singing since they were toddlers. It s a way of life here at the Brown house. We probably would drive others crazy with all our humming and vocalizing. Someone is always singing something! quips Shelly Brown, mother and leader of the group. The Browns delivered a professional, high energy, fun filled performance that inspired and warmed breakfast goer s hearts.

9 November, 2005 Page 9 Six County Officials Receive President s Award Each year the president of the Nebraska Association of County Officials honors county and other officials who have demonstrated outstanding leadership and service to county government through his or her office. This year the following persons received the President s Award for their contribution to county government at Nebraska County Officials 111th Annual Conference held in Omaha: Vern Platt, Sheridan County Commissioner; Deb Houghtaling, Sarpy County Clerk; Timothy Loewenstein, Buffalo County Supervisor; Eddie Guzman, Scotts Bluff General Assistance Officer; Kathy Graves of Merrick County; Don Sandman, York County Veterans Service Officer. Shown below are photos of President s Award winners accepting their award from NACO President, Ken Stuhr. Vern Platt, Sheridan County Commissioner Eddie Guzman, Scotts Bluff General Assistance Officer Deb Houghtaling, Sarpy County Clerk Don Sandman, York County Veterans Service Officer Tim Loewenstein, Buffalo County Commissioner Kathy Graves, Merrick County

10 November, 2005 Page 10 Scotts Bluff Treasurer Receives MIPS Client Of The Year Award Gwen Greeley, Scotts Bluff Treasurer, was awarded MIPS Computer Software Client of the Year at the 2005 NACO Annual Conference Awards Banquet on Thursday evening, October 13. The MIPS Client of the Year Award recognizes county officials who have maintained long-standing use of programs and services offered by MIPS. At left, NACO President, Ken Stuhr presents Greeley with the Client of the Year Award. County Board Handbook Supplements Available Now The October 2005 Supplement for the County Board Handbook is available for $15.00 plus $4.00 shipping and handling. This supplement includes references to legislation passed during the 2005 legislative session. Additionally, copies of the County Board Handbook, including the 2005 supplements, are available for $70.00 plus $7.00 shipping and handling. Binders can be purchased for $5.00. Please notify the NACO office if you would like to purchase any of these items.

11 November, 2005 Page 11 Affiliate Officers Recognized By President Stuhr Christine Meysenburg, President-Clerks, Election Commissioners, Register of Deeds John Johnson, President-Planning and Zoning Administrators Sue Czaplewski, President-Clerks of the District Court Leroy Bast, President-Treasurers Loren Uden, President-Emergency Managers Paul Cooper, President-Veterans Service Officers Virgil Dearmont, President-Highway Superintendents, Surveyors and Engineers Kristi Paul, President-Weed Superintendents Not pictured but also recognized were Dorothy Bartels,President-Assessors; Donald Kleine, President-Attorneys; Deb Scholten, Chairman-Health Directors; Bradley Boyum, President-Sheriffs; and Carol Maxson, President- Transporation Officials.

12 November, 2005 Page th Annual Conference Photo Highlights

13 November, 2005 Page th Annual Conference Photo Highlights

14 November, 2005 Page th Annual Conference Photo Highlights

15 November, 2005 Page 15 Thank You Exhibitors And Hospitality Hosts Nebraska Association of County Officials wishes to thank the following exhibitors and hospitality room hosts for their support and participation in the 111the Annual Conference. Exhibitors Ag & Industrial Equipment/Acme Forklift Alliant Capital West Gate Bank AseraCare Hospice Beckenhauer Construction, Inc. Carlson West Povondra Architects Certified Payments Colonial Insurance Cornhusker State Industries Dana F. Cole & Company, LLP DLR Group Drake-Scruggs Equipment Inc. First Concord Benefits Group Fountaine Microfilming GIS Workshop, Inc. Grand Island/Hall County CVB Infinitec, Inc. JEO Consulting Group, Inc. Kearney Visitors Bureau Kirkham Michael Kirkpatrick Pettis MAXIMUS Microfilm Imaging Systems, Inc. Midtown Holiday Inn Midwest Service & Sales MIPS/County Solutions NACo Nationwide Retirement Solutions Nebraska Association of Transportation Providers Nebraska GIS Steering Committee Nebraska Intergovernmental Risk Management Association Nebraska Library Commission/Nebraska Regional Library Systems Nebraska Public Agency Investment Trust Nebraska Retirement Systems Nebraska Safety Council Nebraska.gov New Holland and Kobelco Construction Equipment Newman Signs, Inc. North Plate Lincoln County CVB Presco Sales & Service, Inc. Prestressed Concrete Association of Nebraska (PCAN) Simplifile Smith Hayes Financial Services Corporation Smith-Universal Construction Company State of Nebraska Federal Surplus Property Terra Scan, Inc. The Hartford Tindall VitalChek Network, Inc. Hospitality Room Hosts Blue Cross Blue Shield of Nebraska Contryman Associates, P.C. Husker Steel Inc. Midwest Service & Sales Company Murphy Tractor & Equipment Company Nebraska Concrete and Aggregates Association Nebraska Machinery Company New Holland Kobelco Construction Spreitzer, Inc.

16 November, 2005 Passive Public Railroad Grade Crossings Stop Or Yield Signs Page16 By Ellis Tompkins-Rail and Public Transportation Engineer Nebraska Dept. of Roads The current 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) covers the use of STOP or YIELD signs at passive public railroad grade crossings in Section 8B.08. This section and the full MUTCD can be found on the NDOR website at dor.state.ne.us or the US DOT website under Federal Highway Administration. The MUTCD states At the discretion of the responsible State or local highway agency, STOP or YIELD signs may be used at highway-rail grade crossings that have two or more trains per day and are without automatic traffic control devices. For other highway-rail grade crossings with passive warning devices, STOP or YIELD signs may be used based on an engineering study. The MUTCD goes on to state If a STOP or YIELD sign is installed at a highway-rail grade crossing, it may be installed on the Crossbuck post or on a separate post at a point where the vehicle is to stop, or as near to that point as practical. A recent study by the National Cooperative Highway Research Program studied passive signs at highway-rail grade crossings. As a point of interest I served on the panel and participated in selection of the consultant for the study and review of the study and agree with the results of the study. The study showed that a large portion of average drivers do not understand the signs used at highway-rail grade crossings and do not understand that the standard Crossbuck sign is a yield sign and tells the driver to yield to oncoming trains. As a result of that study there is a proposed change to the MUTCD that will have a comment period in 2006 that will make the use of STOP or YIELD signs at passive highway-rail grade crossings mandatory. Based on discussions my staff has had with other states and FHWA at regional and National meetings, we expect this change to the MUTCD to be approved. Union Pacific Railroad and BNSF Railway have requested that YIELD signs be placed at all public passive highway-rail grade crossings in Nebraska on their respective systems. The State and both railroads have agreed in principal to a project utilizing a combination of State rail safety funds and railroad funds for the installation at all county and municipal passive public crossings. The railroads will do the installation with the signs to be placed as per the MUTCD on the Crossbuck post. The railroads will maintain the signs and replace them as necessary at the expense of the railroad. Grade crossing safety in Nebraska is a high priority of the State and the railroads. There are over 2,500 public crossings in Nebraska with passive signs only. The mainlines on BNSF Railway and Union Pacific each carry approximately 80 trains/day with the UPRR segment from North Platte to Gibbon carrying approximately 140 trains/day. This project will aid the counties and municipalities since the YIELD signs will be installed at the expense of the State and the railroads before they most likely become mandatory in the next edition of the MUTCD. The State s position concerning the installation of STOP signs at a passive crossing is that an engineering study should be done before the installation considering the factors cited in the MUTCD such as highway and train traffic, collision history, the need for active warning devices and sight distance for the approaching trains. The State will not participate in the cost of STOP sign installation at any public highway-rail grade crossing without completion of an engineering study. The installation of STOP signs at highwayrail grade crossing would also require the installation of STOP AHEAD signs. For further information, please contact: Ellis Tompkins, P.E. Rail & Public Transportation Engineer etompkin@dor.state.ne.us Kristi Van Ooyen, P.E. Public Transportation Engineer Public Transportation Engineer kvanooye@dor.state.ne.us

17 November, 2005 Page 17 NACO Scholarship Winners Essays The Importance of County Government in Nebraska By Ryan Hassebrook The counties population was expanding, forcing county government officials to make crucial decisions that would affect the economic growth of the county. Unfortunately, there were more projects that needed to be done than there was money for these projects. The county s population was decreasing, and those citizens who remained faced economic hardship resulting from a drought. With an ever decreasing amount of money at their disposal, county officials had to make decisions and changes to keep vital county services going on a shrinking budget. In some cases, the story of Nebraska county government reads like the beginning of Charles Dickens A Tale of Two Cities. Statewide, some counties have been growing and seeing economic success while more agriculturally based counties are recovering from the hardship caused by drought. Regardless, county officials in either situation are still faced with the same challenge, making the taxpayer dollar go as far as it can to provide vital services that are often taken for granted. The importance of this role is often overlooked. Certainly I did not realize the importance of county government until my father ran for office and was elected Supervisor. There is a saying you hear during elections, politics is local. I learned through my father s election the truth of this statement. My father was elected in Ironically, his election was extremely close as well. After a recount he was officially elected Supervisor. What fascinates me most, is that even though he was elected during a Presidential Election year, many residents I talked to were more concerned about the Supervisor race than the Presidential race. The divisive issue was not some ideological argument, rather a simple issue that affects everyone on a daily basis, roads. My father ran because he felt the county government was not doing enough to maintain the county roads in our area and exploring options to pave a heavily used gravel road. A seemingly simple local issue drove turnout and created a very heated race. It s easy to lose sight of the importance of local county government services when national media focus on national debates. However, county government s role is crucial to the day to day activities of many Nebraskans. When it snows, the county clears many of the roads. School funds are distributed by county government. County government oversees the protection of its citizens through the sheriff s office. Items as simple and necessary as getting a license plate are done through the county government offices. It is because of efficient county government that we may not realize its importance in our lives. However, county government officials are continually faced with challenges of providing and expanding these services as efficiently as possible. Some counties across the state are growing and the demand for county services is increasing faster than they can be provided. Other counties are seeing population declines and recovering from drought related economic hardships. In these counties the challenge is to maintain services on a tighter budget. Regardless of the situation of the county, count government has an important role to keep providing services from sheriff s protection to upkeep and expanding county roads, to overseeing school funding, vehicle registration, license plate distribution, and property tax collection. All the while, officials make sure county government offices are efficient. In addition, officials must also plan for the future and find ways to spur growth within the county. As I noticed in my father s election, people do not notice county government until there is a problem. The Importance of County Government in Nebraska By Sara Husk Imagine the state of Nebraska as a giant, beautiful quilt. Each of the 93 counties make up a block of that quilt. Every block consists of it s own specific colors and qualities, as they vary from range, farm, city, industrial, and urban. The county offices make up the thread that holds all of these blocks together in their particular pattern. At the courthouse, each county office works within itself to perform its individual functions. All county offices rely on the other county offices to be able to accomplish their duties and therefore efficiently serve the public. An example of this would be a new property purchase. The Register of Deeds records the deed on the property in their files. The record is then processed in the County Assessors office, determining the taxes that will be collected and distributed to schools, fire districts, the NRD, county historical societies, county bonds, and other general county funds, etc. The tax statements are then sent out to property owners and funds are collected by the County Treasurers office. In turn, the taxes collected are used for the specific purposes indicated to best serve the communities. As some counties become more urban and more populated, it has increased the workload for most county offices as well as increasing the need for finances for schools and other services. County surveyors are busy determining property (Continued on page 18)

18 November, 2005 Page 18 NACO Scholarship Winners Essays (Continued from page 17) boundaries for new land purchases and as building increases, permits are issued in Planning and Zoning. Again, each office, interweaving their threads to bind their block together in the Nebraska quilt. The County Board of Supervisors are the decisionmakers for issues that affect their county. Each supervisor is elected to represent a designated district of the county. The County Clerk records the minutes of these meetings and have the opportunity to meet with others in their job position and attend seminars that help them to update and educate themselves in order to more efficiently serve the community. The Nebraska Association of County Officials is the binding that pulls all of the county blocks together to form the Nebraska quilt and provides union among the counties, so that they may better serve themselves, as well as the state as a whole. In conclusion, without the small pieces that fit and work together there could not be a unified government within each county and thus, there could not be a unified Nebraska. The Importance of County Government in Nebraska By Nathaniel Meyer County government in Nebraska is an important part of the way our state operates. From the panhandle to the Missouri River, each of Nebraska s ninety three counties has its own, unique government. If Nebraska were governed by one body of government, our state would be controlled by the highly populated Douglas and Lancaster counties. The smaller counties would have trouble getting their needs taken care of. County government allows each county to operate the way they need to, in order to be efficient. Since elections are held for county positions, the people can elect who will have their best interests in mind when making important decisions. Elected officials know what their county needs and how the county should be run. County officials are easily accessible, making it easy for the public to voice their concerns directly to the individuals that run the county. At the home of county government, the courthouse, you are able to take care of many day-to-day tasks. You can license a vehicle, report disturbances to law enforcement, acquire a marriage license, speak with the commissioners, or even find out where you can dispose of hazardous waste. Recently, I obtained my operators permit and applied for my international passport at the county courthouse. The friendly staff made these sometimes difficult affairs easy to take care of. County government in Nebraska is important for many reasons. County government allows both the smaller and larger counties to govern themselves the way they need to, the officers reside in the county and know how to help the county operate at its best, but most importantly, county government is each citizens direct link to higher government bodies such as the state or even the federal government. Without county government, many people would not have a voice in the way they are governed.

19 November, 2005 Page 19 Retention Of Passport Execution Fees By Clerk Of The District Court (October 04, 2005) Opinion SUBJECT: Retention of Passport Execution Fees By Clerk of the District Court REQUESTED BY: Shawn R. Eatherton Buffalo County Attorney WRITTEN BY: Jon Bruning Attorney General You have requested our opinion regarding the proper disposition of fees received by the clerk of the district court for executing passport applications for the public. You have informed us that the current practice in many locations is for the clerk to personally retain the fees received for this service. The issuance of passports falls within the jurisdiction of the U.S. Secretary of State. 22 U.S.C.A. 211a (2004). Pursuant to 22 U.S.C.A. 214 the Secretary of State prescribes, by regulation, a fee for each passport application and a fee for executing the application. In addition, \"the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted for such officials or by that Service.\" Among the categories of persons authorized by the Secretary to give oaths for passport purposes is a \"clerk of any State court of record or a judge or clerk of any probate court.\" 22 C.F.R (b)(3). \"When execution services are provided by an official of a state or local government or of the United States Postal Service, the fee may be retained by that entity to cover the costs of service pursuant to an appropriate agreement with the Department of State.\" 22 C.F.R (b). In Nebraska, a number of clerks of the district courts execute passport applications and collect fees pursuant to these federal statutes and regulations. Neither state nor federal law specifically addresses the disposition of the execution fees collected. Therefore, a question has arisen as to the proper disposition of these fees. We assume that the passport applications and fees are accepted at the office of the clerk of the district court during normal office hours and that public resources such as supplies or the time of other employees of that office are used in the performance of the passport application services. As one authority has stated, \"public offices are not deemed created for the benefit of the individuals who for the time being occupy them, or for the profit, honor, or private interest of any one man, family, or class of men, but they are created for the benefit, and in the interest, of the people, and for the purpose of carrying on the operations of government.\" 67 C.J.S. Officers 11 (p ). In other words, a public office \"may not be used directly or indirectly for personal profit.\" 67 C.J.S. Officers 204 (p. 666). The use of public resources for private purposes would also appear to violate a longstanding doctrine related to art. XIII, 3 of the Nebraska Constitution. While this constitutional provision expressly prohibits lending the credit of the state, the Nebraska Supreme Court has held that there is a closely related principle of law that public funds cannot be expended for private purposes. Haman v. Marsh, 237 Neb. 699, , 467 N.W.2d 836, 851 (1991). While no hard and fast rule has been established for determining whether a proposed expenditure of public funds is devoted to a public use or purpose, it is clear that the personal retention of the fees collected for the execution of passport applications constitutes a private rather than a public purpose. Therefore, the use of public resources for this private purpose is repugnant to this well-established constitutional doctrine. For the reasons outlined above, it is our opinion that a clerk of the district court may not personally retain the fees received for executing passport applications. To the extent that our Op. Att\'y Gen. No (November 21, 1994) suggests otherwise, we have come to a different conclusion based upon the discussion set out above. We also note that the legislature may wish to address this issue and clarify it further by enacting legislation to direct disposition of the fees to an entity other than a clerk of the district court. US Communities Homeland Security Solutions The U.S. Communities program is pleased to announce that Hagemeyer North America, Inc. has become the newest supplier under its Governmental Purchasing Alliance. The Hagemeyer contract, which was competitively solicited by the County of Fairfax, Virginia, provides first responders and other public agencies across the country access to a broad range of security, safety, law enforcement and fire equipment without the need for additional solicitation. The contract provides for highly favorable pricing and products that can be purchased with either local or Department of Homeland Security grant funding. In addition to products, the contract also offers technical services, training, and a unique Grant Tracking capability. The Homeland Security contract was awarded and became available to public agencies for use on October 7, If you have an interest in this newest program, please contact Larry Dix at

20 November, 2005 Page 20 Satellite Voting Provides More Options For Voters By John Gale Nebraska Secretary of State One of the innovative election changes authorized by the Nebraska Legislature in 2005 is the use of early voting at satellite-voting sites. This would permit people to vote at centralized locations, such as shopping centers, government buildings, hospitals or college campuses, in the days prior to Election Day. This move was designed to make voting more convenient and accessible for people. It is part of a broad push to reverse a declining interest in voting and make sure our democracy remains vibrant. However, satellite voting has been received in some quarters in Nebraska with a shower of criticism. The concept has been mocked in editorial-page cartoons and attacked by columnists. The message conveyed is that citizens can vote at the same time as they buy gas, cigarettes or lottery tickets. This stereotype is a distortion of the Nebraska satellite-voting provision. The law provides that the secretary of state may permit satellite-voting sites to be used for 20 days prior to the day of an election. To vote at a satellite site, citizens would still need to be properly registered as they do for any exercise of the right to vote. The law provides that satellite voting in any county would require the consent of that county s election chief the election commissioner or county clerk As secretary of state, my plans are to proceed with satellite voting in a cautious manner. Starting with the statewide primary election of May 2006, I plan to authorize pilot programs in one or more larger counties to test the concept and its popularity. Satellite voting is not a novel idea as other states have similar programs, including Colorado, which has gone to super voting centers. Satellite voting adds another component to nontraditional voting, which has been widely used in Nebraska in recent years. Early voting has been gaining popularity in the state since restrictions on the use of absentee ballots were removed in Since then, any eligible voter could vote early either by mail or by voting at the county election office. Many have chosen to use those options. Satellite voting offers some tangible benefits to the election process. It can eliminate the confusion over where to vote, since every registered voter in a county would be eligible to vote at a satellite site in that county. By spreading the voting over a longer period, it also can help reduce lines in precincts on Election Day when there is a large turnout. Critics of satellite voting have voiced concerns that satellite voting would lead to a mass of uninformed people voting and making poor decisions. They believe society is best served if voting is restricted to a wellinformed segment of the population. Satellite voting will require no more, and no less, of citizens than if they vote by mail, vote early at the county election office or vote on Election Day at their local precinct. Our government was established for the benefit of the people, and the ballot is the vehicle in which citizens have the opportunity to provide direction to the governing process. I have full confidence in the ability of registered voters to responsibly exercise their right to vote by whatever method they choose. We have come a long way from the days when voting in America was restricted to white males who owned land. Throughout American history, voting rights have been extended gradually to more and more classes of citizens. The country has benefited greatly from this expansion of voting rights. Declining interest in voting is a serious threat to our democracy. I believe our government works best when as many people as possible believe that they have a stake in the governing process and take the time to vote. That is why I have focused so much time and effort during my tenure as secretary of state to increase the level of interest in the voting process. That is also why I favor providing various voting options to meet the needs of people in their busy lives. Hopefully, satellite voting will prove popular in Nebraska. If it does, our democracy will be stronger for it.

21 November, 2005 Page 21 November Legal Calendar 1 Sheriff, Clerk of the Dist. Court, Clerk, County Board Sheriff or such person in charge of the administration of the jail must file jail report with the clerk of the district court and the county clerk, for the use of the county board Treasurer, Sheriff The treasurer must issue and deliver to the sheriff distress warrants for persons having delinquent personal tax or real estate tax on a mobile home, cabin trailer, manufactured home, or similar property assessed and taxed as improvements to leased land for that year Treasurer The treasurer must file with the county clerk a statement in writing, setting forth in detail the name of each person charged with personal property tax which the county treasurer and his or her deputies have been unable to collect by reason of the removal or insolvency of the person charged with such tax, the value of the property and the amount of tax, the cause of inability to collect such tax in each separate case, in a column provided in the list for that purpose Treasurer If the school district secretary fails to submit the annual fall membership report or a school district fails to file an audit report with the Commissioner of Education by the statutory deadline, certain school aid will be withheld by the Commissioner and county treasurer (4), Assessor The State Tax Commissioner must certify his determination of a homestead exemption applicant's eligibility to the county assessor First Monday Treasurer Semi-annual statement showing amount collected on account of state, county and district school tax and all other sources from which school funds are derived must be filed with State Treasurer and Tax Commissioner. Settlement of general school funds must also be made Clerk Report to the Department of Health and Human Services Finance and Support a statement of all marriages recorded during the preceding month Clerk Remit fees to the State Treasurer for credit to the General Fund for certificates of title, notation of liens, duplicates for boats and motor vehicles , County Board of Equalization On or before this date, the county board of equalization upon its own motion may act to correct a clerical error which has resulted in the calculation of an incorrect levy by any entity otherwise authorized to certify a tax request under section , County Officials Any local system may file with the Property Tax Administrator a written request for a nonappealable correction of the adjusted valuation due to clerical error or, for agricultural land, assessed value changes by reason of a land qualified or disqualified for special use valuation (5) 15 Clerk of the District Court Make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year. Account for and pay any fees, revenue, perquisites, or receipts not later than the fifteenth day of the month following the calendar month in which such fees, revenue, perquisites, or receipts were received Assessor After the levy of taxes and prior to this date, the assessor is required to transcribe the assessments into a suitable book Assessor, Treasurer Deliver tax list of real and personal property to the county treasurer Treasurer By this date each month, the treasurer must transmit all motor vehicle registration fees collected to the state. 60-3, Treasurer Last date to certify to the State Tax Commissioner the total tax revenues that will be lost to all taxing agents within the county because of homestead exemptions During Month County Board, Fair Board Each appointed county fair board must submit to the county board an itemized estimate of the amount of money necessary for the support and management of the fair for the upcoming year (1) December Legal Calendar 1 Sheriff, Clerk of the Dist. Court, Clerk, County Board Sheriff or such person in charge of the administration of the jail must file jail report with the clerk of the district court and the county clerk, for the use of the county board Treasurer, Sheriff The treasurer must issue and deliver to the sheriff distress warrants for persons having delinquent personal tax or real estate tax on a mobile home, cabin trailer, manufactured home, or similar property assessed and taxed as improvements to leased land for that year Treasurer The treasurer must file with the county clerk a statement in writing, setting forth in detail the name of each person charged with personal property tax which the county treasurer and his or her deputies have been unable to collect by reason of the removal or insolvency of the person charged with such tax, the value of the property and the amount of tax, the cause of inability to collect such tax in each separate case, in a column provided in the list for that purpose Treasurer If the school district secretary fails to submit the annual fall membership report or a school district fails to file an audit report with the Commissioner of Education by the statutory deadline, certain school aid will be withheld by the Commissioner and county treasurer (4), Assessor The State Tax Commissioner must certify his determination of a homestead exemption applicant's eligibility to the county assessor First Monday Treasurer Semi-annual statement showing amount collected on account of state, county and district school tax and all other sources from which school funds are derived must be filed with State Treasurer and Tax Commissioner. Settlement of general school funds must also be made (Continued on next page)

22 November, 2005 Page 22 December Legal Calendar (Continued from previous page) 5 Clerk Report to the Department of Health and Human Services Finance and Support a statement of all marriages recorded during the preceding month Clerk Remit fees to the State Treasurer for credit to the General Fund for certificates of title, notation of liens, duplicates for boats and motor vehicles , County Board of Equalization On or before this date, the county board of equalization upon its own motion may act to correct a clerical error which has resulted in the calculation of an incorrect levy by any entity otherwise authorized to certify a tax request under section , County Officials Any local system may file with the Property Tax Administrator a written request for a nonappealable correction of the adjusted valuation due to clerical error or, for agricultural land, assessed value changes by reason of a land qualified or disqualified for special use valuation (5) 15 Clerk of the District Court Make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year. Account for and pay any fees, revenue, perquisites, or receipts not later than the fifteenth day of the month following the calendar month in which such fees, revenue, perquisites, or receipts were received Assessor After the levy of taxes and prior to this date, the assessor is required to transcribe the assessments into a suitable book Assessor, Treasurer Deliver tax list of real and personal property to the county treasurer Treasurer By this date each month, the treasurer must transmit all motor vehicle registration fees collected to the state. 60-3, Treasurer Last date to certify to the State Tax Commissioner the total tax revenues that will be lost to all taxing agents within the county because of homestead exemptions During Month County Board, Fair Board Each appointed county fair board must submit to the county board an itemized estimate of the amount of money necessary for the support and management of the fair for the upcoming year (1) County Clips Colfax County Staff Changes Robert P. Dahlstedt has been appointed Colfax County Veteran Service Officer and will assume his duties September 19, In addition, Robert Cerny has been appointed Colfax County Weed Superintendent and assumed his duties September 1, Frontier County Clerk Wins Truck Twila Johnson was at work in the Stockvill`e County Courthouse and trying to listen to the radio when she was lured outside on a false pretense. Her co-workers knew that Twila and her husband Jim were the winners in the KRVN Dodge M880 military truck give-a-way contest. The contest is an annual for the Lexington radio station. As she was leaving the courthouse, Twila spotted the KRVN caravan coming down the main street of Stockville. She arrived at their farm three miles south of Stockville just in time to see her husband surprised by the caravan. "We had to lie to Twila all day long," said County Clerk Darla Walther. Jim had registered for the contest during the Frontier County Fair, held in Stockville in August. "The fair has been something good for us," Twila said. "We met at the Frontier County Fair 51 years ago, and we celebrated our 50th wedding anniversary this year. This year, Jim entered the contest." Johnson's co-workers in the courthouse suffered in silence all day, knowing that the couple had won, and watching Twila check out the radio. "It was fun to watch when we knew and she didn't," said Connie Taylor of the county clerk's office. "She would run over to the radio and listen." According to KRVN promotions director Pan Snyder, the promotion is held every year at the station. "One year we gave away a 1957 Dodge truck, because that is the year we went on the air," Snyder said. "We have given away an 880 Oliver tractor and an 880 Dodge convertible, because we are at 880 on the AM dial." The military truck promotion was part of the station's "Operation Heartland Pride," their salute to veterans and those currently in the military. Jim Johnson is a veteran of the Korean War. The Heartland Military Museum in Lexington suggested the station give away a Dodge M880 military truck. "We found one in New York," Snyder said. "We brought it back and the Eustis Body Shop restored it. They have done all the work on our promotional vehicles. We tell the finalists what day it will be delivered, then talk on the radio all the way there." The Johnsons aren't sure what they are going to do with their prize. "We drove it into Stockville last night to show it off," Twila said. "I am not sure what we are going to do with it - drive it, I guess." Twila's co-workers, family members, friends, and the Frontier County Fair Board were all on hand for the event. "I think everyone in the country knew about this except us" Twila said. Jim Johnson will be celebrating his birthday today. "That was a good birthday present," she said. (Reprinted with permission from Diane Wetzel, North Platte Telegraph)

23 November, 2005 Page 23 NACO Calendar Of Events February 8-10 County Board Workshop Holiday Inn, Kearney February 15 Panhandle District Meeting To Be Announced February Nebr. Asphalt Paving Conference Kearney, Holiday Inn February 16 West Central District Meeting To Be Announced March 9 Southeast District Meeting Beatrice, Holiday Inn Express June Clerks of the District Court Workshop Lincoln, Embassy Suites June Clerks, Election Commissioners, Register of Deeds, Treasurers Workshop (see note below) HELP WANTED Keith County, Nebraska is seeking a multitalented mid-level planner/zoning administrator. Building inspection or construction experience is desirable. Certification by the American Planning Association is preferable. The ideal candidate will have at least a bachelor s degree in urban, city or land use planning, and one to three years of work Professional Directory Grand Island, Midtown Holiday Inn August Assessors Workshop Grand Island, Midtown Holiday Inn September 14 Southeast District Meeting Beatrice, Holiday Inn Express October 5 NACO Legislative Conference Kearney, Holiday Inn December th Annual NACO Conference Omaha, Holiday Inn Central NOTE: Clerks, Election Commissioners, Register of Deeds, Treasurers Workshop dates have changed. The above listed dates are the correct dates for this workshop. County Classified experience in the discipline. Salary range is negotiable with full benefit package. Send letter of interest and resume to: Commissioner Doug Teaford, P.O. Box 149, Ogallala, NE

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