February 2025 League of Nebraska Municipalities
Messing with the meter: What to do?
By Lash Chaffin, Utilities Section Director
A common frustration of municipal natural gas, electric, and water departments is what to do when someone seems to be tampering with the meter, or even stealing utility services. What type of information does a utility need to collect to make a legal conviction viable? Nebraska law lays out a very clear outline of how a utility can collect information to pass on to the municipal attorney to handle meter tampering and service diversion.
There are two concurrent paths that the utility needs to take:
First, the utility needs to consider how they want to punish the customer. This is the “criminal” action that a utility will want to pursue.
Second, the utility needs to consider how to make the customer pay for the stolen services and infrastructure damage done to the utility. This is the “civil” action that a utility will want to pursue. Criminal Action. Theft of services or causing destruction to a meter is a Class III misdemeanor in Nebraska and can result in up to three months imprisonment and a $500 fine. There are two Nebraska statutes that a municipality can use to prosecute a customer for theft of services or meter damage. The primary statute is Neb. Rev. Stat. 28-515.02. A municipality also could use Neb. Rev. Stat. 28-515,
206 S 13th Street, Suite 800
Lincoln, NE 68508
(402) 476-2829
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but 28-515.02 is more specific to municipal infrastructure. Neb. Rev. Stat. 28.515.02 provides (with emphasis added):
(1) It is unlawful for any person:
(a) To connect any instrument , device, or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of the supplier of such products, in such manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas, or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it;
(b) To knowingly use or knowingly permit the use of electricity, electric current, gas, or water obtained unlawfully pursuant to this section;
(c) To reconnect electrical, gas, or water service without the knowledge and consent of the supplier of such service if the service has been disconnected pursuant to Sections 70-1601 to 70-1615; or
(d) To willfully injure, alter, or by any instrument, device, or contrivance in any manner interfere with or obstruct the action or operation of any meter
made or provided for measuring or registering the amount or quantity of electricity, electric current, gas, or water passing through it, without the knowledge and consent of the supplier of the electricity, electric current, gas, or water passing or intended to pass through such meter. Note that the law makes it illegal to actually connect a wire to the meter. You do not necessarily need to prove that the customer actually successfully stole the electricity. So, pictures of a meter with wires etc., can be sufficient to result in criminal prosecution.
Civil Action . In addition to punishment, a utility needs to make sure that they get compensated for the theft and the damage. Nebraska law is quite favorable to the municipality. If your municipal attorney is not aware of this law, please have them contact the League office. Civil action statutes concerning theft of service are located at Neb. Rev. Stat. 25-21,275
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Lash Chaffin
Utilities Section Newsletter
Messing with the meter: What to do?
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through 25-21,278. The primary operative Section is 25-21,276, which provides:
(1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts (a) bypassing, (b) tampering, or (c) unauthorized metering when such act results in damages to the utility. A utility may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or
unauthorized metering.
(2) In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages:
(a) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
(b) Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.
In addition to damage or loss
under subdivision (a) or (b) of this subsection, the utility may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering, including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys’ fees in cases within the scope of Section 251801.
Note that it is not always necessary to prove the amount of utility service stolen from the utility. If the
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Messing with the meter: What to do?
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utility cannot reasonably determine the damages, the utility is entitled to $750 plus other expenses.
Also in Nebraska, residents need to prove that they did not tamper with the meter rather than the utility needing to prove that they did tamper with the meter. This standard of proof is very advantageous to a municipality. Neb. Rev. Stat. 2521,277 provides that:
(1) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven
to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant (a) had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and (b) was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
(2) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering
2025 Nebraska Meter School held
The Nebraska Meter School was held Feb. 18-19 at the Kearney Holiday Inn. Ten municipal systems and 18 power districts participated. Municipal systems included Crete, Hastings, Imperial, Oxford, Schuyler, Seward, Sidney, St. Paul, Wayne, and West Point. Power Districts included Burt County Public Power District (PPD), Chimney Rock PPD, Cornhusker PPD, Cuming County PPD, Custer PPD, Elkhorn Rural PPD, Howard
Greeley PPD, KBR Rural PPD, Midwest Electric Cooperative Corporation, North Central PPD, Northeast Power, Panhandle Rural Electric Membership Association, Perennial PPD, Roosevelt PPD, South Central PPD, Twin Valleys PPD, Wheat Belt PPD, and the Wyrulec Company.
The first day began with three whole group sessions. First, Jim Meyer, Chris Kelmel, Mike Palmer, and Brady Harrington from
is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
Demonstrating meter theft or tampering is relatively easy in Nebraska. So, if you feel that such activity is occurring in your municipality, please share this article with your municipal attorney or have your attorney call the League.
WESCO and Anixter presented on Basic Lineman Metering followed by Hands-On Metering. These two sessions were followed by a presentation on Reactive Metering by Will Elliott of Hubbell/ACLARA Technologies.
After lunch, attendees had two options to finish the day, Instrument Transformers presented by Frank Lopez of GE Vernova or Meter Shop Automation and Data Management
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Service Awards
Remember to recognize your employees’ anniversary milestones. The League provides certificates for 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, and 65.
You can request them by emailing brendah@ lonm.org.
Retirements: Let us help recognize those municipal employees who are retiring after years of service.
Utilities Section Newsletter
SAFETY/HEALTH
CORNER
Supporting employee mental health during the winter months
By Jackson Sash, Utilities Field Rep./Training Coordinator
Winter can be a tough time of year for many employees. The combination of cold weather, shorter days, and the post-holiday slump can leave people feeling drained, unmotivated, and overwhelmed. On top of that, seasonal affective disorder (SAD) and general winter fatigue can make it harder to stay focused and engaged at work. For employers, this makes winter a critical time to emphasize mental health awareness and ensure employees have the support they need to manage stress and maintain their well-being.
Why Winter Can Be Hard on Mental Health
When the days are shorter and the sun sets early, many people experience disruptions in their sleep patterns, mood, and energy levels. Reduced sunlight can affect the body’s production of serotonin and melatonin, two chemicals that help regulate mood and sleep. This can lead to feelings of depression, anxiety, or just a general sense of exhaustion. In the workplace, these
challenges can show up as lower productivity, increased absenteeism, or difficulty concentrating. Employees might be more irritable, more withdrawn, or just struggling to get through the day. Those in physically demanding jobs such as municipal utility workers dealing with winter storms, frozen pipes, and unpredictable weather may face additional stressors that take a toll on their mental health.
Encouraging Open Conversations
About Mental Health
One of the best ways to support employees is to create an environment where mental health is treated just as seriously as physical health. Too often, people feel like they must push through stress or exhaustion because they don’t want to be seen as weak or incapable. Employers can help change this by normalizing conversations about mental well-being and encouraging employees to speak up when they need support. Supervisors and managers can set the tone by acknowledging the challenges of winter and reminding employees that it’s okay to struggle sometimes. Simple things like regular check-
ins, open-door policies, and even informal conversations about stress can make a big difference in reducing stigma and helping employees feel more comfortable seeking help.
Providing
Resources and Support
Not every workplace has a formal Employee Assistance Program (EAP), but there are still plenty of ways employers can support mental health. Some ideas include:
• Sharing mental health resources: Make sure employees know where they can turn for help, whether that’s local counseling services, crisis hotlines, or online mental health resources.
• Encouraging breaks and time off: When workloads are heavy, employees may feel guilty stepping away. Remind them
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Engineering a world where everyone thrives.
Utilities Section Newsletter
Supporting employee mental health during the winter months
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that taking breaks, using vacation days, or even just stepping outside for fresh air can improve focus and productivity.
• Creating a supportive environment: A simple “How are you doing?” can go a long way. Encouraging team members to support each other and promoting work-life balance helps create a culture where employees feel valued and cared for.
Recognizing Signs of Burnout
Burnout is a real problem, and winter can accelerate it. When employees are constantly tired,
overwhelmed, or disengaged, it’s a sign that something isn’t right. Some common indicators of burnout include:
• Increased absenteeism or showing up late more often;
• A noticeable drop in performance or motivation;
• Withdrawal from coworkers or avoiding conversations;
• Irritability, frustration, or emotional outbursts; or
• Physical symptoms like headaches, muscle tension, or trouble sleeping.
Employers should keep an eye out for these signs and take them
seriously. Encouraging employees to take time off when needed, adjusting workloads when possible, and checking in regularly can help prevent burnout before it becomes a bigger issue.
Building a Workplace Culture That Prioritizes Mental Health
Supporting mental health isn’t just about getting through the winter— it’s about creating a workplace where employees feel supported all year round. When organizations prioritize well-being, they see the benefits in the form of happier employees, better productivity, and
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Utilities Section Newsletter
2025 Nebraska Meter School held
Continued from page 3 and Testing of Transformer Rated Metering Installations with Dan Hollow of TESCO.
with Malcolm Halliday of Radian Research Inc., followed by AMI vs. AMR and Integrating Information to the User with Shawn Lehmkuhler of Dutton-Lainson.
The second morning attendees once again had options on different sessions to attend. There were three blocks each with two sessions to choose from. The first block sessions were ACLARA Meter Mate Software with Will Elliott of ACLARA Technologies/Hubbell
Supporting employee mental health during the winter months
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lower turnover. By encouraging open conversations, providing resources, and recognizing the challenges that come with winter, employers can help their teams navigate the season in a healthier, more balanced way. A little effort in this area can make a big difference in creating a workplace where employees feel valued, not just for the work they do, but for who they are.
This was followed by Totalization with Will Elliott; High Accuracy/ Extended Range Current Transformers with Mark Harvey; and Hope Bidlack of Primus Marketing.
Finally, in the last block of the day, the WESCO and Anixter representatives presented on Testing of Services and Theft of Service and John Vandenberg and Dave Kunze
of Border States presented on Basic Metering Plus Advanced and Time of Use Metering.
The next Nebraska Meter School is scheduled for Feb. 3-4, 2026, at the Kearney Holiday Inn. Be on the lookout for more information towards the end of 2025.
Poison Ivy, Oak, and Sumac: What to Watch For
If you spend any time working outdoors in Nebraska, you’ve probably run into poison ivy— sometimes literally. It’s by far the most common of the three irritating plants in our area, but poison oak and poison sumac could still pop up in certain conditions. As spring looms, knowing what to look for can save you from an itchy mistake.
Poison ivy is easy to recognize once you know the saying: “Leaves of three, let it be.” It grows as a vine or small shrub, with shiny green leaves that turn red or orange in the fall. Brush up against it, and the oil
on its leaves can cause a rash that lasts for weeks. The plant can also spread along the ground or climb trees, making it tricky to avoid in overgrown areas.
Poison oak looks similar but has more of a lobed, oak-like leaf shape, and it’s rare in Nebraska. It prefers dry, wooded areas and isn’t as much of a concern here. Poison sumac, which thrives in wet, swampy environments, is even less common. Unlike the other two, it grows as a small tree or shrub with smoothedged leaves arranged in pairs and
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we’re helping our clients push open the doors to what’s possible, every day.
Utilities Section Newsletter
Classifieds
Public Works Superintendent. The Village of Pender, Nebraska, located in Northeast corner of Nebraska is seeking to fill the position of Superintendent of Utilities. Pender is a progressive community located approximately 40 minutes Southwest of Sioux City, Iowa, approximately 45 minutes east of Norfolk, NE and 90 minutes North of Omaha. The population of Pender is 1,273 and is the County seat for Thurston County, Nebraska. Salary: $50,000 - $73,000 annually dependent on qualifications, paid bi-weekly. Benefit packages which include health, dental, vision, HSA (up to $1,600/yr), life, vacation, 11 holidays, retirement benefits matching up to 3%. The Village of Pender is looking for someone who has a broad range of Utility experience to become the Superintendent of Utilities. The preferred candidate would have at least five years or more previous experience as a superintendent or supervisor relating to the construction, repair, maintenance and operation of the following utility departments: 1. Electric Generation, Transmission and Distribution system; 2. Water Treatment
Plant and Water Distribution; 3. Sewer Treatment Plant and Sewer Line Maintenance; 4. Natural Gas Operations; and 5. Street and Various Other Departments. The applicant should demonstrate experience with overseeing personnel, time management, and workflow of the various Village departments. The applicant must be able to file mandatory reports, learn and understand the budget. In addition to at least five years of previous electrical experience, the candidate should either have or demonstrate the ability to obtain the necessary licenses, certificates or qualifications to operate the Water, Sewer and Natural gas departments. The applicant must live within 15 miles of the municipality. Interested people may obtain an application at the Village Office, 614 Main Street, Pender, Nebraska, 68047. Or for further information contact the Village Clerk at 402-385-3232, or email clerk@villageofpender.com. EOE. Position is open until filed. Line Technician. The City of Auburn of Board of Public Works is accepting applications for an Electric Line Technician. Qualifications include successful completion of
an accredited Journeyman Lineman program or consideration for a documented Journeyman Lineman through verifiable experience. Lineman apprentice applications will be accepted. Experience in construction, installation, maintenance and repair of electric transmission and distribution lines. Knowledgeable of and ability to train in electrical distribution and transmission line construction, electrical apparatus such as singlephase transformers, three phase transformer banks, voltage testing, rotation and regulators and line switching clearance procedures and grounding. Compliance with all safety policies and procedures. Valid CDL or ability to obtain an acceptable driving record. Candidates will be subject to
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Utilities Section Newsletter
Classifieds
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a criminal background check. Successfully pass DOT physicals/ drug tests as required. Ability to work outdoors in all types of weather conditions. Must reside within 30 miles of Service Center at 1604 O Street, Auburn, NE. The starting pay rate for this position is $32.24 - $37.78 per hour depending on experience. Job description is available upon request. Applications are available at auburnbpw.com. Return to: Board of Public Works at 1600 O Street, Auburn, NE 68305. For questions about the position contact Kevin Kuhlmann or Ray Luhring at (402)-274-4981. Position will remain open until filled.
Utilities Superintendent. The Village of Stratton is now accepting applications for a full-time Utilities Superintendent due to anticipated retirement of current employee. The Village of Stratton has a population of 310 and is located in southwest Nebraska, 30 minutes west of McCook. We are located along Highway 34 less than 10 miles from Swanson Reservoir. Successful candidate must possess or be able to obtain a grade IV water operator license through the State of NE. Responsibilities include water and sewer system operations, street maintenance, maintenance of electrical service, and other duties as assigned. A complete list of duties is located at the Village Office. Wage negotiable and based on experience and qualifications. Benefits include: monthly health stipend, clothing reimbursement, up to 3% retirement match, 11.5 paid Holidays, and PTO. Applications or further information can be obtained from the Village Clerk at 308276-2184 or stratton@gpcom.net
or submit resume to PO Box 332 Stratton, NE 69043. Position open until filled. EOE.
Assistant Utility Superintendent. The Village of Exeter seeks qualified candidates for full time, including on-call, position of Asst Utility Superintendent. Hours are flexible. The ideal candidate must have the following qualifications: Ability to learn computer and equipment skills essential to this position; High school diploma or GED is a must; Strong communication skills and the ability to work well with the public, other village employees, and other professionals; Willingness to engage in training to keep up-todate with municipal codes and state statutes; Must have a valid driver’s license; Must have or be able to get a class B CDL with air brakes; and Candidates with a Grade IV Water operator license, grade 6 Backflow license and a Grade 1 Wastewater Operator’s license is a plus, but we are willing to send the right candidate to training for certification within 1 year of Employment. The key duties of this position include but are not limited to: Managing and maintaining water and sewer systems; conducting utility readings; performing locates; supervising road and street maintenance activities; maintaining village owned buildings and properties to include parks and swimming pool; and maintaining all vehicles, equipment, and tools while also keeping accurate records for reporting purposes. The Assistant Utility Superintendent collaborates closely with the Utility Superintendent and operates under the supervision of the Village of Exeter Board of Trustees. Applicants submit a letter of interest and resume to exeterclerk@
windstream.net or Village of Exeter, PO Box 96, Exeter, NE 68351. The applications are due by Feb. 3, 2025 by 5 pm. The Village of Exeter is an EOE.
Utility Superintendent. Due to upcoming retirement, the City of Long Pine is seeking a qualified candidate for the full-time position of Utility Superintendent. The ideal candidate must have the following qualifications: ability to learn computer and equipment skills essential to this position; high school diploma or GED; strong communication skills and the ability to work well with the public, other city employees, and other professionals; willingness to engage in training to keep up to date with municipal codes and state statutes; and be responsible for safety, compliance, record keeping and testing. Must have a valid driver’s license; must have or be able to get a Class B CDL; and candidates with a Grade IV Water operator license, Grade 1 Wastewater Operator’s license is a plus, but we are willing to send the right candidate to training for certification within one year of employment. Duties consist of managing and maintaining water and sewer systems, conducting utility readings, performing locates, road and street maintenance, garbage, maintaining city owned buildings and properties including parks and cemetery. Maintaining all vehicles, equipment and tools while also keeping accurate records for reporting purposes. For a complete job description and application contact, the City of Long Pine during regular business hours at 402-273-4120 or email lpclerk@ longpinenebraska.com. Application must include resume and references. The City of Long Pine is an EOE.
Utilities Section Newsletter
2025 Training calendar
Visit our website for a complete list of workshops and conferences.
March
March 18 ....... Water Operator Training Workshop ......................... Fire Hall, Chadron
March 19
Water Operator Training Workshop Midplains Community College, Valentine
March 20 Water Operator Training Workshop Fire Hall, Neligh
August
Aug. 12 .......... Backflow Workshop ................................................. Beatrice
Aug. 13 .......... Backflow Workshop ................................................. Wayne
Aug. 14
Water Operator Training Workshop South Sioux City
Aug. 19 .......... Backflow Workshop ................................................. Ogallala
Aug. 20 .......... Backflow Workshop ................................................. Grand Island
Poison Ivy, Oak, and Sumac: What to Watch For
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Ord clusters of white berries. Since utility workers often must clear brush or work near vegetation, it’s always a good idea to be cautious. The oil that causes the rash, urushiol, sticks to skin, clothing, and tools, so even indirect contact can lead to irritation. If you think you’ve been exposed, washing with soap and water as soon as possible can help reduce the reaction. Otherwise, you might be dealing with an itchy reminder of your encounter for days to come.
Utilities Section Executive Board
President
Pat Heath
City Administrator
Gering
1st Vice President
Gary Thurlow
Utility Superintendent
Atkinson
2nd Vice President
Sarah Sawin
Director of Utilities
Kearney
Past President
Duane Hoffman
Public Works Director
Oxford
Board Member
Matt Owens
Water & Sewer Supervisor
Imperial
Board Member
Jeramie Van Leer
Utility Superintendent
Utilities Section members only
Do you have equipment to sell or a position to fill? Place your ad in the Classifieds section of the Utilities Section Newsletter free. This service is a membership benefit. Contact Brenda at the League office at 402-4762829, fax to 402-476-7052, or email brendah@lonm.org.
Board Member
Ryan Schmitz
Utilities Director Grand Island
Ex Officio Member
Layne Groseth
City Admin./Utilities Mgr.
North Platte