Village of Spalding Ordinance Chapter 1
Table of Contents
CHAPTER 1 – CIVIL ADMINISTRATION
Article 1 – Village Administration
SECTION 1-101: CORPORATE EXISTENCE
The Village of Spalding, Nebraska, having a population of fewer than 800 inhabitants, is hereby declared to be a village and shall be governed in all respects by the laws of the State of Nebraska applicable to and regulating villages. (Neb. Rev. Stat. §17-201)
SECTION 1-102: OFFICIAL CORPORATE SEAL
The official corporate seal of the Village shall be kept in the office of the village clerk, who shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances, and all other official papers issued by order of the Village Board and countersigned by him or her. (Neb. Rev. Stat. §17-502)
SECTION 1-103: OATH OF OFFICE
A. All elected or appointed officials of the Village shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds, except when a different oath is specifically provided herein:
“I, ________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and without mental reservation or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ____________ according to law and to the best of my abilities; and I do further swear that I do not advocate nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God.”
(Neb. Rev. Stat. §§11-101,17-204)
SECTION 1-104: BONDS; BLANKET BOND
A. The Village may enact ordinances or bylaws to require from all officers and servants, elected or appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their duties. All official bonds of village officers must be in form, joint and several, and made payable to the Village in such penalty as the Village Board may fix. All official bonds shall obligate the principal and sureties for the faithful discharge of all duties required by law of such principal and shall inure to the benefit of any persons injured by a breach of the conditions of such bonds. The approval of each official bond shall be endorsed upon such bond by the officer approving the same and no bond shall be filed and recorded until so approved. No bond shall be deemed to be given or complete until the approval of the Village Board and all sureties are endorsed in writing on the instrument by the chairman and village clerk pursuant to the approval of the board. In place of the individual bonds required to be furnished by municipal officers, a blanket bond or undertaking or evidence of equivalent insurance may be given by the officers. The Village may pay the premium for the bond or insurance coverage, which shall be, at a minimum, an aggregate of the amounts fixed by law or by the Village Board and with such terms and conditions as may be required.
B. All official bonds of local officers shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county in which such bonds are given; or any official bond of a local officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety or by two or more of such companies. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a local officer. No official bond shall be rendered void by reason of any informality or irregularity in its execution or approval.
C. Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the following time: (1) of all officers elected at any general election, following receipt of their election certificate and not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election; (2) of all appointed officers, within 30 days after their appointment; and (3) of officers elected at any special election and village officers, within 30 days after the canvass of the votes of the election at which they were chosen. The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Article XVII, Section 5 of the
Constitution of Nebraska.
D. The officers with whom any official bonds are required by law to be filed shall carefully record and preserve the same in their respective offices and shall give certified copies thereof, when required, under the seal of their office and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases.
E. If any person elected or appointed to any office neglects to have his or her official bond executed and approved as provided by law and filed for record within the time limited by Neb. Rev. Stat. §§11-101 to 11-122, the provisions of Neb. Rev. Stat. §11-115 shall apply.
F. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided. When the incumbent of an office is re-elected or re-appointed, he or she shall qualify by taking the oath and giving the bond as above directed; but when such officer has had public funds or property in his or her control, his or her bond shall not be approved until he or she has produced and fully accounted for such funds and property. When it is ascertained that the incumbent of an office holds over by reason of the non-election or non-appointment of a successor or of the neglect or refusal of the successor to qualify, he or she shall qualify anew within ten days from the time at which his or her successor, if elected, should have qualified. (Neb. Rev. Stat. §§11-103 to 11-105, 11-109 to 11-113, 11-115 to 11-117, 17-604)
SECTION 1-105: COMPENSATION
A. The officers and employees of the Village shall receive such compensation as the chairman and Village Board shall fix by ordinance. The Village may enact ordinances or bylaws to regulate and prescribe the compensation of officers not provided for in state law. No officer shall receive any pay or perquisites from the Village other than his or her salary. The board shall not pay or appropriate any money or other valuable thing to any person not an officer for the performance of any act, service or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of the Village.
B. The compensation of any elective official of the Village shall not be increased or diminished during the term for which he or she shall have been elected except when there has been a merger of offices; provided, the compensation of the members of the Village Board, a board or commission may be increased or
diminished at the beginning of the full term of any member whether or not the terms of one or more members commence and end at different times. No elected official may be rehired at a greater salary if he or she resigns and desires to be rehired during the unexpired term of office. The official may be rehired after the term of office during which he or she resigned at a greater salary.
C. All salaries of the elective officers of the Village shall be set by ordinance of the Village Board and kept on file at the office of the village clerk for public inspection.
(Neb. Rev. Stat. §§17-108, 17-108.02, 17-604, 17-611, 17-612)
SECTION 1-106: CONFLICT OF INTEREST
A. For purposes of this section, “officer” shall mean: (1) any member of any board or commission of the Village; (2) any appointed official if such village official serves on a board or commission which spends and administers its own funds and is dealing with a contract made by such board or commission, or (3) any elected village official. “Immediate family” shall mean a child residing in an individual’s household, a
spouse of an individual, or an individual claimed by that individual or that individual’s spouse as a dependent for federal income tax purposes.
B. Unless specified otherwise, volunteer firefighters and ambulance drivers shall not be considered officers for purposes of this section with respect to their duties as firefighters and ambulance drivers.
C. No officer of the Village shall be permitted to benefit from any contract to which the Village is a party. The existence of such an interest in any contract renders the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the Village or by any resident thereof and must be brought within one year after the contract is signed or assigned. Any such decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor, or services furnished under the contract, to the extent that the Village has benefited thereby. The prohibition in this section shall apply only when the officer or his or her parent, spouse, or child:
1. Has a business with which the individual is associated or a business association which shall mean a business (a) in which the individual is a partner, director or officer or (b) in which the individual or a member of the individual’s immediate family is a stockholder of a closed corporation stock worth $1,000.00 or more at fair market value or which represents more than 5% equity interest, or is a stockholder of publicly traded stock worth $10,000.00 or more at fair market value or which represents more than 10% equity interest; or
2. Will receive a direct pecuniary fee or commission as a result of the contract; provided, however, if such officer is an employee of the business involved in the contract and has no ownership interest or will not receive a pecuniary fee, such officer shall not be deemed to have an interest within the meaning of this section.
D. The provisions of this section shall not apply if the interested officer:
1. Makes a declaration on the record to the governmental body responsible for approving the contract regarding the nature and extent of his or her interest, prior to official consideration of the contract;
2. Does not vote on the matter of granting the contract, except that if the number of members of the body declaring an interest in the contract would prevent the body, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and
3. Does not act for the governing body as to inspection or performance under the contract in which he or she has an interest.
E. The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any village by a financial institution shall not be considered a contract under the provisions of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. Notwithstanding the provisions of subsections (D)(1) through (3) above, if an officer’s parent, spouse or child is an employee of the Village, the officer may vote on all issues of the contract which are generally applicable to all employees or all employees within a classification and do not single out his or her parent, spouse, or child for special action. If an officer has the power to
employ personnel and he or she hires his or her parent, spouse, or child, such officer shall disclose the hiring pursuant to subsections (F)(1) through (5) below, except that if the parent, spouse, or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the Village.
F. The village clerk shall maintain, separately from other records, a ledger containing the information listed in this subsection about every contract entered into by the Village in which an officer has an interest as specified above for which disclosure is made as provided in subsections (D)(1) through (3) above. Such
information shall be kept in the ledger for five years from the date of the officer’s last day in office and shall include the (1) names of the contracting parties; (2) nature of the interest of the officer in question; (3) date that the contract was approved by the Village; (4) amount of the contract; and (5) basic terms of the contract.
G. The information supplied relative to the contract shall be provided to the clerk not later than ten days after the contract has been signed by both parties. The ledger kept by the clerk shall be available for public inspection during normal working hours.
H. An open account established for the benefit of the Village or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten days after such account is opened. Thereafter, the clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section.
I. Any officer who knowingly violates the provisions of Neb. Rev. Stat. §§49-14,103.01 through 49.14,103.03 shall be guilty of a Class III misdemeanor. Any officer who negligently violates Neb. Rev. Stat. §§49-14,103.01 through 49.14,103.03 shall be guilty of a Class V misdemeanor.
J. The Village may enact ordinances exempting from the provisions of this section contracts involving $100.00 or less in which an officer of such village may have an interest.
K. No officer shall receive any pay or perquisites from the Village other than his or her salary. The Village Board shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service, or duty which shall come within the proper scope of the duties of any officer of the Village. (Neb. Rev. Stat. §§17-611, 18-305 through 18-312, 49-1408, 49-14,103.01 through 49-14,103.03, 49-14,103.06)
SECTION 1-107: EXAMINATION AND DUPLICATION OF PUBLIC RECORDS; FEES; CONFIDENTIAL RECORDS
All citizens of the Village and all other persons interested in the examination of the public records of the Village are fully empowered and authorized to examine such records and make memoranda copies thereof as provided in Neb. Rev. Stat. §84-712. Payment of fees may be required. Records which may be withheld from the public shall be as stated in Neb. Rev. Stat. §84-712.05 (Neb. Rev. Stat. §§84-712, 84-712.03 through 84-712.06)
Article 2 – Village Board
SECTION 1-201: POWERS AND DUTIES
A. The Village Board shall have the power to pass ordinances, to prevent and remove nuisances, to restrain and prohibit gambling, to provide for licensing and regulating theatrical and other amusements, to prevent the introduction and spread of contagious diseases, to establish and regulate markets, to erect and repair bridges, to provide for the inspection of building materials to be used or offered for sale, to govern the planting and protection of shade trees in the streets and the building of structures projecting upon or over and adjoining and all excavations through and under the sidewalks, and in addition to the special powers herein conferred and granted, to maintain the peace, good government, and welfare of the Village and its
trade, commerce, and manufactories; and to enforce all ordinances by inflicting penalties upon inhabitants or other persons for violation thereof.
B. The Village has the power and authority by ordinance to define, regulate, suppress, and prevent nuisances, to declare what constitutes a nuisance, and to abate and remove the same. The Village may exercise such power and authority within its zoning jurisdiction. (Neb. Rev. Stat. §§17-207, 17-505, 18-1720)
SECTION 1-202: NUMBER AND QUALIFICATIONS
The Village Board shall consist of five members. Any person who is a citizen of the United States, a resident of the Village at the time of his or her election, and a registered voter is eligible to be elected to the board. Every trustee so elected and so qualified shall hold his or her office for a term of four years; provided, a trustee’s term shall expire and the office will become vacant upon moving from the Village. (Neb. Rev. Stat. §§17-202, 17-203)
SECTION 1-203: VACANCY
A. Any vacancy on the Village Board shall be filled as provided below.
B. Except as otherwise provided in subsection (D) or (E) of this section, vacancies in village elected offices shall be filled by the chairman and board for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the board at a regular or special meeting and shall appear as a part of the minutes of such meeting. The board shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the Village or by posting in three public places in the Village the office vacated and the length of the unexpired term.
C. The chairman shall call a special meeting of the board or place the issue of filling such vacancy on the agenda at the next regular meeting, at which time the chairman shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented. The board shall vote upon such nominee and if a majority votes in favor of such nominee, the vacancy shall be declared filled. If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the chairman shall at the next regular or special meeting submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the votes, the chairman shall continue at such meeting to submit the names of qualified registered voters in nomination and the board shall continue to vote upon such nominations at such meeting until the vacancy is filled. The chairman shall cast his or her vote for or against the nominee in the case of a tie vote of the board. Every board member present shall cast a ballot for or against the nominee. Any member of the board who has been appointed to fill a vacancy on the board shall have the same rights, including voting, as if such person were elected.
D. The chairman and board may, in lieu of filling a vacancy in a village elected office as provided in subsections (B) and (C) of this section, call a special village election to fill such vacancy.
E. If vacancies exist in the offices of one-half or more of the members of the Village Board, the secretary of state shall conduct a special village election to fill such vacancies.
F. No official who is removed at a recall election or resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the same Village Board during the remainder of his or her term of office.
G. Every elective office shall be vacant upon the happening of any of the events specified in Neb. Rev. Stat. §32-560. (Neb. Rev. Stat. §§32-568, 32-569, 32-1308)
SECTION 1-204: VACANCY DUE TO UNEXCUSED ABSENCES
In addition to the events listed in Neb. Rev. Stat. §32-560 and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the Village Board shall exist if a member is absent from more than five consecutive regular meetings unless the absences are excused by a majority vote of the remaining members. (Neb. Rev. Stat. §19-3101)
SECTION 1-205: CHAIRMAN; SELECTION AND DUTIES
The Village Board chairman shall be selected by the board members at their first regular meeting in December following the statewide general election. The chairman shall preside at all meetings of the board. In the absence of the chairman, the Village Board shall elect one of its members to occupy the position temporarily, who shall hold the title of chairman pro tempore. The chairman and the chairman pro tempore shall have the same powers and privileges as other board members. The chairman shall cause all ordinances of the board to be printed and published for the information of the residents. The chairman shall also perform all duties of his or her office in accordance with state laws and village ordinances. The qualifications for the chairman shall be the same general qualifications that apply to the members of the Village Board. (Neb. Rev. Stat. §§17-203, 17-204, 17-210)
SECTION 1-206: MEETINGS; DEFINED
“Meetings” shall mean all regular, special, or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action. (Neb. Rev. Stat. §84-1409[2])
SECTION 1-207: Meetings; PUBLIC BODY; DEFINED
“Public body” as used in this article shall mean (A) the Village Board; (B) all independent boards, commissions, bureaus, committees, councils, sub-units, or any other bodies now or hereafter created by Constitution, statute, ordinance, or otherwise pursuant to law; and (C) advisory committees of the bodies listed. This section shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy, or taking formal action on behalf of their parent bodies. (Neb. Rev. Stat. §84-1409[1])
SECTION 1-208: MEETINGS; RIGHTS OF THE PUBLIC
A. All public meetings as defined by law shall be held in a village public building which shall be open to attendance by the public. All meetings shall be held in the public building in which the Village Board usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act. At least one current copy of the Open Meetings Act shall be posted in the meeting room at a location accessible to members of the public. At the beginning of each meeting, the public shall be informed about the location of the posted information.
B. Subject to the Open Meetings Act, the public shall have the right to attend and the right to speak at meetings of public bodies. All or any part of a meeting of the Village Board except for closed meetings called pursuant to Section 1-216 may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance by means of a tape recorder, camera, video equipment, or any other means of pictorial or sonic reproduction or in writing.
C. It shall not be a violation of this section for the Village Board to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting, or recording its meetings. The board may not be required to allow citizens to speak at each meeting but it may not forbid public participation at all meetings.
D. The board shall not require members of the public to identify themselves as a condition for admission to the meeting nor shall such body require that the name of any member of the public be placed on the agenda prior to such meeting in order to speak about items on the agenda. The board may require any member of the public desiring to address the body to identify himself or herself. The board may allow a member of the public or any other witness other than a board member to appear before the board by means of video or telecommunications equipment.
E. The board shall not, for the purpose of circumventing the Open Meetings Act, hold a meeting in a place known by the body to be too small to accommodate the anticipated audience. The board shall not be deemed in violation of this section if it holds its meeting in its traditional meeting place which is located in this state.
F. The board shall, upon request, make a reasonable effort to accommodate the public’s right to hear the discussion and testimony presented at the meeting and shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting. (Neb. Rev. Stat. §§84-1408, 84-1411, 84-1412, 84-1414)
SECTION 1-209: MEETINGS; NOTICE; AGENDA
A. The Village Board shall give reasonable advance publicized notice of the time and place of each meeting by (1) publication in a newspaper of general circulation within the Village and, if available, on such newspaper’s website; or (2) by posting written notice in three conspicuous public places in the Village. If posted, such notice shall be posted in the same three places for each meeting. The board shall record the methods and dates of such notice in its minutes.
B. Such notice shall be transmitted to all board members and to the public. Such notice shall contain an agenda of subjects known at the time of the publicized notice or a statement that the agenda, which shall be kept continually current, shall be readily available for public inspection at the village office during normal business hours. Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting.
C. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the Village Board scheduled outside the corporate limits of the Village. The board shall have the right to modify the agenda to include items of an emergency nature only at such public meetings. (Neb. Rev. Stat. §84-1411[1])
SECTION 1-210: MEETINGS; NOTICE TO NEWS MEDIA
The village clerk shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed. (Neb. Rev. Stat. §84-1411[4])
SECTION 1-211: MEETINGS; PLACE, DAY, TIME; QUORUM
A. The regular meetings of the Village Board shall be held at the auditorium on the second Wednesday of each month at 7:00 p.m.
B. At all meetings of the Village Board, a majority of the members shall constitute a quorum to do business. A smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the board may have previously prescribed by ordinance.
C. At the hour appointed for the meeting, the village clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the board shall be called to order by the chairman. In the absence of the chairman, the meetings shall be called to order by the chairman pro tempore. (Neb. Rev. Stat. §§17-204, 17-205)
SECTION 1-212: MEETINGS; REORGANIZATIONAL; standing committees
A. All trustees elected to office shall qualify and meet on the first regular meeting of the Village Board in December thereafter, organize, elect a chairman, and appoint the officers required by law. The board shall, by ordinance, fix the time and place of holding its stated meetings and may be convened at any time by the chairman.
B. Every trustee, before entering upon the duties of his or her office, shall take an oath to support the Constitution of the United States and the Constitution of Nebraska and faithfully and impartially to discharge the duties of his or her office.
C. At the reorganizational meeting, the chairman shall appoint members to such standing committees as the board may create by ordinance or resolution. The membership of such committees may be changed at any time by the chairman, who shall be an ex officio member of each standing committee. The members of the committees shall serve terms of office of one year unless reappointed. (Neb. Rev. Stat. §17-204)
SECTION 1-213: MEETINGS; ORDER OF BUSINESS
Promptly at the hour set by law on the day of each regular meeting, the members of the Village Board, the village clerk, and such other village officials as may be required shall take their regular stations in the meeting place and the business of the Village shall be taken up for consideration and disposition in the manner prescribed by the official agenda on file at the office of the village clerk.
SECTION 1-214: MEETINGS; PARLIAMENTARY PROCEDURE
Questions of procedure and conduct at Village Board meetings shall be decided by the chairman in accordance with Robert’s Rules of Order.
SECTION 1-215: MEETINGS; MINUTES
A. The Village Board shall cause minutes to be kept of all meetings showing the time, place, members present and absent, and the substance of all matters discussed.
B. Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the board in open session, and the record shall state how each member voted or if the member was absent or not voting. The requirements of a roll call or voice vote shall be satisfied if the Village utilizes an electronic voting device which allows the “yeas” and “nays” of each member of the Village Board to be readily seen by the public.
C. The vote to elect leadership within the board may be taken by secret ballot but the total number of votes for each candidate shall be recorded in the minutes.
D. The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public records and open to public inspection during normal business hours.
E. The minutes of any meeting of the Village Board shall be written or kept as an electronic record and shall be available for public inspection within ten working days of the meeting or prior to the next convened meeting, whichever occurs earlier, except that the village may have an additional ten working days if the employee re-sponsible for writing or keeping the minutes is absent due to a serious illness or emergency. If the Village maintains a public website, (1) the agenda shall be posted on the site at least 24 hours before the meeting and (2) minutes shall be posted on the site at such time as they are available for inspection by the public as described above. Minutes shall be available on the public website for at least six months. (Neb. Rev. Stat. §§17-206, 17-616, 84-1413)
SECTION 1-216: MEETINGS; CLOSED SESSIONS
A. The Village Board may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such reasons as:
- Strategy sessions with respect to real estate purchases, collective bargaining, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;
- Discussion regarding deployment of security personnel or devices;
- Investigative proceedings regarding allegations of criminal misconduct; or
- Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting.
B. Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to the board.
C. The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. The Village Board shall restrict its consideration to matters during the closed portions to only those purposes set forth in the minutes as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section, “formal action” shall mean a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order, or ordinance or formation of a position or policy but shall not include negotiating guidance given by board members to legal counsel or other negotiators in closed sessions authorized under subsection (A) of this section.
D. Any Village Board member shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for (1) the protection of the public interest or (2) the prevention of needless injury to the reputation of an individual. Such challenge shall be overruled only by a majority vote of the board members. Such challenge and its disposition shall be recorded in the minutes.
E. Nothing in this section shall be construed to require that any meeting be closed to the public. The Village Board shall not fail to invite a portion of its members to a meeting and the board shall not designate itself a subcommittee of the whole body for the purpose of circumventing the provisions of this article. No closed session, informal meeting, chance meeting, social gathering, or electronic communication shall be used for the purpose of circumventing the provisions of this article.
F. The provisions of this article shall not apply to chance meetings or to attendance at or travel to conventions or workshops of the board members at which there is no meeting of the board then intentionally convened, if there is no vote or other action taken regarding any matter over which the board has supervision, control, jurisdiction, or advisory power.
(Neb. Rev. Stat. §84-1410)