Nebraska Municipal Review, July 2024

NEBRASKA MUNICIPAL REVIEW

Clearwater generates momentum for affordable housing in northeast NE Fremont celebrates important milestones for city staff Towers of History makes a long-time vision a reality in Ashland

Official Publication of the League of Nebraska Municipalities

Building FOR OUR

future

League breaks ground on new office space. Page 7

JULY 2024

No. 1,191 SSN 0028–1 9 0 6

JULY 2024

Contents 4

The Director’s Message by L. Lynn Rex, LNM Executive Director – Groundbreaking ceremony marked another significant milestone for new League building

7

Building for our future – League breaks ground on new building

9

Celebrating important milestones in Fremont

10

A vision for tomorrow - Village of Clearwater helps generate momentum for affordable housing growth in northeast Nebraska

12

A vision realized – Towers of History at last set to come to life in Ashland

14

NLC: SCOTUS Issues Win for Local Control in Grants Pass v. Johnson

16

Center for Rural Affairs: Resources available for rural communities seeking federal grants

17

Gothenburg’s iconic ponies get a new coat

18

USDA Rural Development: From the ground up - USDA RD provides multiple options for funds to help communities build infrastructure from the ground up

20

The Legal Corner by Tara A. Stingley, Cline Williams Wright Johnson & Oldfather, L.L.P. Muldrow v. City of St. Louis, MO: Best practices for addressing workplace discrimination claims

22

Nebraska ‘exurbs’ outshine suburbs in latest population growth figures

24

LARM – Legal liabilities for employers and supervisors

26

NE DED invites applications for funding through the Municipality Infrastructure Aid Program

28

Hands-on training - Rubber Gloving School held in Norfolk; another to be held in Sidney in late August

29

Professional Directory Ten things every municipality should know about the Open Meetings Act

About the Cover: In June, League Executive Board members, LARM Board of Directors, LIGHT Board of Directors and other supporters gathered at the site of the former office location to break ground on the new building.

Larger Cities Legislative Committee John McGhehey, Mayor, Alliance Seth Sorensen, City Manager, Alliance Tobias Tempelmeyer, City Administrator/General Manager, Beatrice Rusty Hike, Mayor, Bellevue Jim Ristow, City Administrator, Bellevue Mindy Rump, Mayor, Blair Phil Green, City Administrator, Blair Miles Bannon, Council Member, Chadron Tom Menke, City Manager, Chadron Jim Bulkley, Mayor, Columbus Tara Vasicek, City Administrator, Columbus Dave Bauer, Mayor Crete Tom Ourada, City Administrator, Crete Joey Spellerberg, Mayor, Fremont Jody Sanders, City Administrator, Fremont Kent Ewing, Mayor, Gering Pat Heath, City Administrator, Gering Roger Steele, Mayor, Grand Island Laura McAloon, City Administrator, Grand Island Mike Evans, Mayor, Gretna Paula Dennison, City Administrator, Gretna Corey Stutte, Mayor, Hastings

Shawn Metcalf, City Administrator, Hastings James Liffrig, Mayor, Holdrege Chris Rector, City Administrator, Holdrege Stan Clouse, Mayor, Kearney Brenda Jensen, City Manager, Kearney Brad DeMers, Assistant to the City Manager, Kearney Doug Kindig, Mayor, La Vista Pam Buethe, Clerk, La Vista John Fagot, Mayor, Lexington Joe Pepplitsch, City Manager, Lexington Margaret Blatchford, Assistant City Attorney, Lincoln Riley Slezak, Senior Advisor to the Mayor, Lincoln Linda Taylor, Mayor, McCook Nate Schneider, City Manager, McCook Bryan Bequette, Mayor, Nebraska City Perry Mader, City Administrator, Nebraska City Josh Moenning, Mayor, Norfolk Andrew Colvin, City Administrator, Norfolk Dani Myers-Noelle, City Attorney, Norfolk Brandon Kelliher, Mayor, North Platte Layne Groseth, City Admin./Utilities Manager, North Platte Steve Krajewski, Mayor, Ogallala Kevin Wilkins, City Manager, Ogallala

Thomas Warren, Chief of Staff, Omaha David Black, Mayor, Papillion Amber Powers, City Administrator, Papillion R. Paul Lambert, Mayor, Plattsmouth Emily Bausch, City Administrator, Plattsmouth Don Groesser, Mayor, Ralston Brian Kavanaugh, Council Member, Ralston Rick Hoppe, City Administrator, Ralston William De Roos, City Administrator, Schuyler Jeanne McKerrigan, Mayor, Scottsbluff Jordan Colwell,Vice Mayor, Scottsbluff Kevin Spencer, City Manager/Police Chief, Scottsbluff Joshua Eickmeier, Mayor, Seward Greg Butcher, City Administrator, Seward Brad Sherman, Mayor, Sidney David Scott, City Manager, Sidney Carol Schuldt, Council Member, South Sioux City Lance Hedquist, City Administrator, South Sioux City Cale Giese, Mayor, Wayne Jill Brodersen, Council President, Wayne Wes Blecke, City Administrator, Wayne Barry Redfern, Mayor,York Dr. Sue Crawford, City Administrator,York

Smaller Cities Legislative Committee Jessica Quady, City Administrator, Ashland Marlin Seeman, Mayor, Aurora Eric Melcher, City Administrator, Aurora Chris Anderson, City Administrator, Central City Nikki Schwanz, City Administrator, Cozad Andrew Lee, Admin./Clerk/Treasurer, Curtis Alan Michl, Chairperson, Exeter Becky Erdkamp, Clerk/Treasurer, Exeter Kyle Svec, City Administrator, Geneva Deb VanMatre, Mayor, Gibbon Matt Smallcomb, City Administrator, Gibbon

Gary Greer, City Administrator, Gothenburg Jana Tietjen, Clerk, Hebron Kelly Oelke, City Administrator, Hickman Janine K. Schmidt, CMC/Treasurer, Morrill Sandra Schendt, Clerk/Treasurer, Nelson David Russell, Director of Government Affairs, NMPP Energy Mandy Hansen, Government Affairs Liason, NMPP Energy Sandy Kruml, Clerk/Treasurer, Ord Mike Feeken, Mayor, St. Paul Nancy Bryan, Clerk/Treasurer, Stromsburg Sandra Foote, Council Member, Superior

Jeff Hofaker, City Administrator, Sutton Jessica Meyer, City Administrator, Syracuse Kyle Arganbright, Mayor,Valentine Melissa Harrell, City Administrator, Wahoo Desiree Soloman, City Attorney, Waterloo Stephanie Fisher, City Administrator, Waverly Tom Goulette, City Administrator/Utility Superintendent, West Point Randy Woldt, Utilities Superintendent, Wisner Robert Costa, Community Engagement Coordinator,Yutan

Executive Board 2023-2024 President

President-Elect

Vice President

Past President

Deb VanMatre Mayor, Gibbon Marlin Seeman Mayor, Aurora Bryan Bequette Mayor, Nebraska City Paul Lambert Mayor, Plattsmouth

Directors

Jean Stothert Mayor, Omaha Leirion Gaylor Baird Mayor, Lincoln Julie A. Deepe Mayor, Deshler Catherine-Jo Mills Village Chair, Ansley Joey Spellerberg Mayor, Fremont Jordan Colwell Vice Mayor, Scottsbluff Josh Moenning Mayor, Norfolk Sharon Powell Village Board President, Utica Jeff Hofaker City Administrator, Sutton Janine K. Schmidt CMC/Treasurer, Morrill Layne Groseth City Administrator/Utilities Manager, North Platte

Affiliated Sections

City Managers Amber Powers Papillion Clerks Kellie Crowell Ravenna Municipal Becky Erdkamp Accounting Exeter & Finance Fire Chiefs Dennis Thompson North Platte Utilities Duane Hoffman Oxford

League Staff L. Lynn Rex

Executive Director

Christy Abraham Lash Chaffin Cherie DeFreece

Brenda Henning Ethan Nguyen

Jackson Sash

Shirley Riley Ashley Wolfe

Legal Counsel Utilities Section Director Administrative Assistant/ Membership Services Assistant Membership Services Assistant LNM/LARM Information Technology Manager Utilities Field Representative/ Training Coordinator Membership Services Director Marketing/Communications Director

LARM Staff

Dave Bos Executive Director Tracy Juranek Assistant Executive Director, Customer Service Specialist Diane Becker Communications/Marketing Director Kyla Brockevelt Executive Administrative Assistant Drew Cook Customer Service Specialist John Hobbs Loss Control Specialist James Kelley Loss Control Specialist Fred Wiebelhaus Loss Control/Claims Manager

Municipal Legal Calendar (All statute citations to Revised Statutes of Nebraska) SEPTEMBER 2024 CITIES OF THE FIRST CLASS Within 10 days following meeting or before next meeting (whichever is sooner)..........................................Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage...................................Clerk publishes ordinances passed. (16-405) Within 30 days of Council meeting..................Clerk publishes official proceedings of meeting, ..................................................................................including claims. (19-1102) On or before September 1.................................City Council determines final allocation of levy authority ..................................................................................for its subdivisions (77-3443) On or before September 30..............................File adopted annual or biennial budget statement with County ..................................................................................Clerk and State Auditor’s Office. (13-508) ..................................................................................File information on tradenames and interlocal agreements with ..................................................................................State Auditor’s Office (13-513) Within 20 days after end of month...................Treasurer files monthly financial report. (16-318) Last Day...................................................................End of Fiscal Year (16-701) * *.............................................................................Clerk must prepare agenda prior to next Council meeting. ..................................................................................(84-1411) No later than 90 days after end of fiscal year……........................................................Report on collection and use of occupation taxes (18-1208) CITIES OF THE SECOND CLASS Within 10 days following meeting or before next meeting (whichever is sooner)..........................................Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage...................................Clerk publishes ordinances passed. (17-613) Within 30 days following Council meeting....................................................Clerk publishes official proceedings of meeting, including ......................................................................claims. (19-1102) On or before September 1.................................City Council determines final allocation of levy authority for ..................................................................................its subdivisions (77-3443) On or before September 30..............................File adopted annual or biennial budget statement with County ..................................................................................Clerk and State Auditor’s Office. (13-508) ..................................................................................File information on tradenames and interlocal agreements with ..................................................................................State Auditor’s Office (13-513) Within 20 days after end of month...................Treasurer files monthly financial report. (17-606) Last Day...................................................................End of Fiscal Year (17-701) * *.............................................................................Clerk must prepare agenda prior to next Council meeting. ..................................................................................(84-1411) No later than 90 days after end of fiscal year……........................................................Report on collection and use of occupation taxes (18-1208) VILLAGES Within 10 days following meeting or before next meeting (whichever is sooner)..........................................Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage...................................Clerk publishes ordinances passed. (17-613) Within 30 days following Trustees’ meeting....................................................................Clerk publishes official proceedings of meeting, ..................................................................................including claims.(19-1102) On or before September 1.................................Village Board determines final allocation of levy authority for ..................................................................................its subdivisions (77-3443) On or before September 30..............................File adopted annual or biennial budget statement with County ..................................................................................Clerk and State Auditor’s Office. (13-508) ..................................................................................File information on tradenames and interlocal agreements with ..................................................................................State Auditor’s Office (13-513) Within 20 days after end of month...................Treasurer files monthly financial report. (17-606) Last Day...................................................................End of Fiscal Year (17-701) * *.............................................................................Clerk must prepare agenda prior to next Council meeting. ..................................................................................(84-1411) No later than 90 days after end of fiscal year……........................................................Report on collection and use of occupation taxes (18-1208)

Nebraska Municipal Review Editor and Advertising Sales: Ashley Wolfe, 402-476-2829 or ashleyw@lonm.org The NEBRASKA MUNICIPAL REVIEW is the official publication of the League of Nebraska Municipalities, an association of the cities and villages of Nebraska, published at 206 S.13th St., Ste. 800, Lincoln, Nebraska 68508 — Telephone 402-476-2829; FAX 402-476-7052; Website: www.lonm.org. Periodicals postage paid at Lincoln, Nebraska. Views of contributors, solicited or unsolicited, are their own and not to be construed as having the endorsement of the League unless specifically and explicitly stated by the publisher.

The NEBRASKA MUNICIPAL REVIEW is a nonprofit publication administered and supervised by the League of Nebraska Municipalities. All revenue derived from the publication is used by the association to defray publication costs.

The NEBRASKA MUNICIPAL REVIEW is published monthly. Subscription rates are $5 per single copy — $50 plus tax for 12 issues.

POSTMASTER: Send address changes to NEBRASKA MUNICIPAL REVIEW, 206 S.13th St., Ste. 800, Lincoln, Nebraska 68508.

DIRECTOR’S MESSAGE

T

he groundbreaking ceremony for our new League building was held June 25 following years of planning since it would not be cost effective to retrofit the old building again or make significant repairs to extend the life of the building for another 2550 years. League President Deb VanMatre, Mayor of Gibbon, opened the groundbreaking ceremony by thanking the many municipal officials and others for taking time to celebrate the construction of our new building to better serve the members of the League of Nebraska Municipalities, League Utilities Section, League Association of Risk Management (LARM), and League Insurance Government Health Team (LIGHT).

President VanMatre emphasized that it was a top priority of the League Executive Board and League Building Committee to keep our office building in this high-profile location to continue effective advocacy for our members before the Nebraska Legislature, state agencies, and the Governor. In addition, the League, Utilities Section, LARM, and LIGHT will continue to provide other critically 4

Groundbreaking ceremony marked another significant milestone for new League building

BY L. LYNN REX, EXECUTIVE DIRECTOR, LNM

important services for municipalities across the state.

Construction of our new building would not have been possible without the invaluable assistance from a number of people, especially Lincoln Mayor Leirion Gaylor Baird; Peter Hind, Director of Lincoln’s Urban Development Department; Hallie Salem, Redevelopment Manager of Lincoln’s Urban Development Department; and several other key city staff.

The League appreciates the City of Lincoln’s guidance throughout this entire process. The demolition and construction project required approval from: a) the City of Lincoln’s Historic Preservation Commission to remove an historic landmark designation from the Lincoln Woman’s Club (LWC) property; and b) the Capitol Environs Commission relating to design oversight of the new League building. When introducing Mayor Gaylor Baird at the groundbreaking ceremony, President VanMatre thanked her and the Lincoln City Council for their strong support of the League’s building project in the urban core, including the city’s willingness

to provide tax increment financing so this project can be built to better serve municipal officials across the state.

During her remarks, President VanMatre shared one of her favorite quotes about buildings by Winston Churchill, who said, “We shape our buildings; thereafter, they shape us.” She added, “A building really is more than the sum of its parts. It is where we work, serve, and connect with each other.”

The League Executive Board and Building Committee recognized how important it was to choose the right building and design teams. President VanMatre stated how fortunate the League is to work with Scott Lockard, President of Hampton Enterprises, and Travis Barrett, an architect at Clark Enersen. Scott, Travis, and their respective teams have taken a great deal of time to understand our vision for this building project.

President VanMatre underscored how this project has come full circle with Hampton Enterprises. Without Joe Hampton, who founded Hampton Enterprises, this site would NOT be the location for this new League building which will serve our members

NEBRASKA MUNICIPAL REVIEW

Rendering of the new League building provided by Clark & Enersen.

for decades to come. The May 2024 issue of the Review described the generosity and extraordinary servant leadership of Joe Hampton, former Chair of the Lincoln City Council and Past League President from 1982-83, who played a critical role in negotiating the purchase of the LWC and property in 2014, located directly east of the old League building. Joe also wrote a check for $500,000 from his personal bank account to help the League finance the purchase of the LWC building and property. The League paid $325,000 to the LWC for the remainder of the purchase price and reimbursed Joe Hampton within a year. The conference room in the former League office building was named after Joe Hampton; the conference center in the new League office building will continue to be called the “Joe Hampton Conference Center.”

As Joe’s successor heading Hampton Enterprises, Scott Lockard patiently has worked with the League staff and Building Committee. President VanMatre stated Scott’s experience, work ethic, integrity, and commitment to our project have exceeded our expectations. Travis Barrett, who designed the new League building with his team at Clark Enersen, also spoke at the groundbreaking ceremony. Like Scott, Travis and his team have spent countless hours collaborating with the League Building Continued on page 6 / See League

JULY 2024

Joe Hampton Founder, Hampton Enterprises

Scott Lockard President, Hampton Enterprises

Travis Barrett Architect, Clark & Enersen

5

League Continued from page 5

Committee, League and LARM staff as well as Scott and his team at Hampton Enterprises. Travis’ insights, creativity, and dedication to this project are second to none! His attention to detail and recommendations resulted in floor plans that accommodate the short-term and long-term needs of our members and staff.

The first floor of the League building includes a much larger conference room than the one in the old building.

Offices for the League staff will be on the first floor; offices for the LARM staff will be on the second floor along with additional office space for the League including a smaller conference room and a storage area.

Special thanks to the League Building Committee, chaired by League Past President and Plattsmouth Mayor Paul Lambert; along with other officials of the League and LARM identified on page 8. Mayor Lambert also is the Chair of the LIGHT Board of Directors. Papillion Mayor David Black, former League Executive Board Member, serves on the League Building Committee and has provided invaluable assistance, especially relating to financial matters and meeting the requirements for the League’s bank loan with Union Bank & Trust. Rod Storm, former Blair City Administrator and former League Executive Board Member, is also on the League Building Committee and works with the League staff on a regular basis to ensure that requirements of Lincoln’s Urban Development Department, Hampton Enterprises, and Clark Enersen are met.

It will be exciting to welcome municipal officials from across the state to the new League building in the summer of 2025!  6

Paul Lambert Plattsmouth Mayor

David Black Papillion Mayor

Rod Storm Former Blair City Administrator

NEBRASKA MUNICIPAL REVIEW

Above, from left: League President, LARM Board Member, and Gibbon Mayor, Deb VanMatre; Past League President and Former Mayor of West Point, Marlene Johnson; League Executive Board Member and Lincoln Mayor, Leirion Gaylor Baird; League President-Elect and Aurora Mayor, Marlin Seeman; League Executive Board Member and Utica Board President, Sharon Powell; Scott Lockard President of Hampton Enterprises; League Vice President and Nebraska City Mayor, Bryan Bequette; LARM Board member and Columbus Mayor James Bulkley; Past League President, Building Committee Chair, and Plattsmouth Mayor, Paul Lambert; Building Committee Member and Former Blair City Administrator, Rod Storm; Building Committee Member, and Papillion Mayor David Black; Todd Ogden, President & CEO of Downtown Lincoln Association; Past League President and Exeter Village Board Chair, Alan Michl; League Executive Board Member and Sutton City Administrator Jeff Hofaker; League Executive Board Member, LARM Board Chair, and Fremont Mayor, Joey Spellerberg; LARM Vice Chair and Nelson Clerk/ Treasurer Sandra Schendt; Travis Barrett, architect with Clark & Enersen; Hallie Salem, City of Lincoln Urban Development Department; Building Committee Member and West Point City Administrator, Tom Goulette; Utilities Section President and Oxford Public Works Director, Duane Hoffman. Photo taken by Kathy Plunkett.

League President and Gibbon Mayor Deb VanMatre

Building FOR OUR

Scott Lockard - President, Hampton Enterprises

future

On June 25, the League of Nebraska Municipalities and many members and supporters of the organization from over the years gathered at the site of the former office location to break ground on the new building. The new building signifies a step into the future and a home to better serve members of the League, League Utilities Section, League Association of Risk Management (LARM), and League Insurance Government Health Team (LIGHT).

See more on page 8

Travis Barrett - Architect, Clark & Enersen

JULY 2024

rtesy of Clark & Enersen

Building rendering cou

7 New League building - coming summer 2025

7

From left: League President, LARM Board Member, and Gibbon Mayor, Deb VanMatre; Scott Lockard, President of Hampton Enterprises; League Executive Board Member and Lincoln Mayor, Leirion Gaylor Baird; League President-Elect and Aurora Mayor, Marlin Seeman; League Vice President and Nebraska City Mayor, Bryan Bequette; Past League President, Building Committee Chair, and Plattsmouth Mayor, Paul Lambert; Past League President and Former Mayor of West Point, Marlene Johnson; Past League President and Exeter Village Board Chair, Alan Michl; League Executive Board Member, LARM Board Chair, and Fremont Mayor, Joey Spellerberg; Hallie Salem, City of Lincoln Urban Development Department; Utilities Section President and Oxford Public Works Director, Duane Hoffman; and Travis Barrett, architect with Clark & Enersen. Photo taken by Kathy Plunkett.

Thank you to everyone who has had a part in making this dream a reality, with special thanks to those listed below.

League Building Committee Chair - Paul Lambert, Plattsmouth Mayor and League Past President Deb VanMatre, Gibbon Mayor, League President, and LARM Board Member Marlin Seeman, Aurora Mayor and League President-Elect Bryan Bequette, Nebraska City Mayor and League Vice President Joey Spellerberg, Fremont Mayor, League Executive Board Member, and LARM Board Chair David Black, Papillion Mayor and former League Executive Board Member

Don Groesser, Ralston Mayor, LARM Board Member and former League Executive Board Member Tom Goulette, West Point City Administrator and former League Executive Board Member Sandra Schendt, Nelson Clerk/Treasurer and Vice Chair of LARM Rod Storm, former Blair City Administrator and former League Executive Board Member

For building updates follow us on Facebook (@ LeagueNE) OR use this QR code to view the photo gallery on our website.

Above left: Despite the record-breaking temperature and heat advisory, there was a good turnout for the League’s groundbreaking ceremony. Above right: A reporter from Channel 8 in Lincoln interviews Lincoln Mayor Leirion Gaylor Baird following the ribbon cutting. Mayor Gaylor Baird serves on the League’s NEBRASKA MUNICIPAL REVIEW Executive 8 Board. Photos by Ashley Wolfe / LNM.

8

Celebrating important milestones in Fremont Karen Dunker and Jeff Shanahan were recently recognized by Mayor Joey Spellerberg for 45 years of service to the City of Fremont!

Thank you to Angie Olson for submitting the milestone to the Review. In her email, Olson said, “We are so lucky to have such dedicated employees and so much knowledge!

Congratulations on this milestone! 

Karen Dunker

Utilities Customer Service

Lead

Jeff Shanahan

Utilities General Manager

olsson.com

Most see a trail.

We see a chance to explore nature.

ENGINEERING POSSIBILITIES. JULY 2024

9

A vision tomorrow FOR

The Village of Clearwater was recently honored as one of the recipients of the Nebraska Affordable Housing Trust Fund Award. Both units sold in 2023 and the drive for new quality and affordable housing does not seem to be letting up. Photo provided by the Village of Clearwater.

Village of Clearwater helps generate momentum for affordable housing growth in northeast Nebraska

BY ASHLEY WOLFE, MARKETING & COMMUNICATIONS DIRECTOR, LNM

T

he Village of Clearwater is making big waves in terms of community improvement and this spring was awarded the Nebraska Affordable Housing Trust Fund award.

The annual award, administered through the Nebraska Department of Economic Development, recognizes organizations and projects that have leveraged state affordable housing trust funds to create quality affordable housing options.

The Village of Clearwater was awarded $221,000 through the fund in 2021. A local boost of $35,000 was added and the village partnered with Stearns Construction to build a duplex. Both units were sold in 2023.

“The community is very proud of this project and its benefits to Clearwater. We sold both units in 2023. One was a single woman, and the other was a recent college graduate young man who moved back to the community. It was genuinely affordable quality housing,” said Lauren Sheridan-Simonsen, Director of Economic Development for the City of Neligh and Village of Clearwater.

But the momentum did not stop there. The duplex project spurred a new community investment group that built and sold

a new house on another nearby infill lot, and more new homes are being planned.

But the impact was even felt beyond the boundaries of the village itself. Leaders from municipalities such as Neligh, Elgin, and Ewing were inspired and have kept the ball rolling by building more quality affordable housing within their communities.

“Progress in small towns only happens with community investment and support. We are very proud of the partnership and investment Clearwater residents achieved. Housing funds from the Nebraska Department of Economic Development make these projects possible,” Sheridan-Simonsen said. 

“Progress in small towns only happens with community investment and support. We are very proud of the partnership and investment Clearwater residents achieved.”

- Lauren Sheridan-Simonsen, Director of Economic Development

10

NEBRASKA MUNICIPAL REVIEW

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JULY 2024

11

A vision realized Towers of History at last set to come to life in Ashland STORY BY SAM CRISLER

ORIGINALLY RAN IN THE ASHLAND GAZETTE

T

wo decades ago, an Ashland artist envisioned a cluster of sculptures rising on the west side of Salt Creek near the Silver Street bridge, telling the city’s story through a handful of its most foundational events.

It would be called the Towers of History.

Twenty years later, that vision is finally coming to fruition.

Ground was recently broken on the long-awaited monument, which is meant to honor Ashland’s rich history as it relates to America’s westward expansion.

Four towers — ranging from 54 inches to 90 inches — will comprise the monument, each one bedecked with a bronze sculpture commemorating a different era of Ashland’s past.

One will honor the Otoe-Missouria tribe, which settled near Ashland along the Platte River; one will represent explorers Meriwether Lewis and William Clark, whose famous expedition charted new courses for westward growth; one will harken back to the pioneers who followed the Oxbow Trail through Ashland; and the fourth and tallest tower will honor Ashland-native astronaut Clayton Anderson, the only NASA astronaut ever from Nebraska.

“It’s for yesterday’s history and today’s history,” said Mary Roncka, who became the torchbearer for the Towers of History project after the death of her

12

Mary Roncka and Rachel Morgan pose for a photo behind one of the four sculptures that will be bronzed and set on top of a display tower at Ashland's Tower of History monument. The sculpture was unveiled at Willow Point Gallery in April following a groundbreaking ceremoney at the future site of the monument. Photo provided by Ashland Area Economic Development Corporation.

husband Gene, who first envisioned the towers in the early 2000s.

Gene Roncka, the late artist and owner of Willow Point Gallery in Ashland, took interest in the idea after working on a painting about the Saline Ford Crossing, a limestone crossing over Salt Creek used by pioneers on the Oxbow and Mormon trails. Mary Roncka said her husband created several clay designs of the sculptures prior to bringing the project to the public.

But his efforts failed to materialize — despite holding a groundbreaking ceremony, sponsored by the Ashland Rotary Club, in 2005 — as fundraising hit a wall and local donors fixed their gazes on other civic causes.

So the Towers of History were put on hold for many years and were yet to be completed when Gene Roncka died in 2021.

But less than a year later, Ashland’s downtown area was designated the state’s first “Creative District” by the Nebraska Arts Council, which opened the door for the newly formed Ashland Creative District Committee to apply for grant funding to pay for arts and economic development projects.

Mary Roncka joined the Creative District Committee following its inception and quickly advocated for the new group to see the Towers of History project to the finish line.

Last year, the committee applied for and received a $250,000 grant, paving the way for last week’s groundbreaking ceremony, attended by dozens of Ashland leaders.

NEBRASKA MUNICIPAL REVIEW

said, but they will still be sent to Hot Shops Art Center in Omaha to be bronzed.

Construction is expected to be completed in July, Roncka said.

Rachel Morgan, a program specialist with the Nebraska Arts Council, said her organization and the Creative District designation help cities complete planned projects through financial assistance. Initiatives like the Towers of History fit squarely into the vision Nebraska Arts Council had when it launched the Creative Districts program, Morgan said.

“I’m really excited to see public art become something that activates spaces,” Morgan said. “We’ve seen it in different areas, and I’m Above: Ashland civic leaders gathered at the site of the soon-to-be-built Towers of History monument on April really excited to see that happen 11 for a groundbreaking ceremony. This project has been in the works for nearly 20 years. Below: Willow in Ashland.”

Point Gallery in Ashland was a full house for an open house following the groundbreaking ceremony. Photos Caleb Fjone, the executive provided by Ashland Area Economic Development Corporation. director of the Ashland Area Economic Development Corporation and is involved in Ashland’s Creative District committee said, the Towers of History will be another piece adding to Ashland’s economic and cultural momentum.

“This will only enhance the front door to town,” Fjone said. “As a committee, that was one of the things we prioritized, and with the help of the Nebraska Arts Council and many phone calls, we got where we needed (on this project).”

For Roncka, the meaning is as personal as it is prideful.

“I think it’s going to really be something great for the city and for the state of “Gene would be elated to see that it’s finally happening,” she said.

Nebraska,” Mary Roncka said.

An open house at Willow Point Gallery followed the groundbreaking and included “He just loved the history of the an unveiling of the clay sculpture of Oxbow Trail pioneers, designed by Dave Biehl, Ashland area and thought that it that will top one of the towers. The four sculptures are completed in clay, Roncka should be preserved.” 

JULY 2024

13

U.S. Supreme Court

Adobe Stock Photo

SCOTUS Issues Win for Local Control in Grants Pass v. Johnson

BY STEPHANIE MARTINEZ-RUCKMAN, LEGISLATIVE DIRECTOR OF HUMAN DEVELOPMENT, NLC and MCKAIA DYKEMA, LEGISLATIVE RESEARCH MANAGER, NLC*

R

ecently the Supreme Court held in Grants Pass v. Johnson in favor of preserving local control and upholding local ordinances regulating camping on public property. The Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does ordinances against homeless individuals who not prohibit the enforcement of generally applicable laws regulating lacked “access to alternative shelter.” The camping on public property. The decision highlighted the complexities decision provided clarity around whether local of the homeless crisis and overruled a previous lower court decision governments can regulate for the health and in Martin v. Boise on this same issue, which had taken “one of [the] safety of their residents in accordance with local tools [needed to address homelessness] off the table.” While the facts needs and conditions. in this case center around ordinances passed in Grants Pass, the legal The City of Grants Pass has a population question in this case was one of local authority. of about 38,000 residents, with about 600 In the Martin case five years ago, the Ninth Circuit Court held that individuals experiencing homelessness. The the Eighth Amendment “prohibits the imposition of criminal penalties city passed several ordinances related to the for sitting, sleeping, or lying outside on public property for homeless regulation of sleeping outside. A violation individuals who cannot obtain shelter.” As a result of that decision, local of these ordinances resulted in fines, which governments in the Ninth Circuit could not enforce public-camping would escalate if left unpaid. Additionally, a 14

NEBRASKA MUNICIPAL REVIEW

“park exclusion” ordinance, enabled police officers to issue citations to those in violation of the ordinances which could eventually escalate to criminal trespass.

After the Martin decision, Grants Pass amended its camping ordinance to make it clear that the involuntary act of sleeping in a park was not prohibited, rather what was prohibited was “camping” – i.e., sleeping with any bedding/shelter.

As a result of the ordinances, two homeless individuals in Grants Pass filed a class action lawsuit on behalf of those that are “involuntarily homeless” against the city, arguing its ordinances are unconstitutional under the Eighth Amendment’s Cruel and Unusual Punishment Clause. The Ninth Circuit affirmed the lower court’s holding that “the anti-camping ordinances violated the Cruel and Unusual Punishment Clause to the extent they prohibited homeless individuals from ‘taking necessary minimal measures to keep themselves warm and dry while sleeping when there are no alternative forms of shelter available.’” Although the city had four temporary shelters, none were “adequate” for their homeless population.

The Supreme Court issued in a 6-3 opinion authored

by Justice Neil Gorsuch reversing the Ninth Circuit’s “Martin experiment.” The majority stressed that the “cruel and unusual punishment” clause under the Eighth Amendment has largely applied to legal issues relating to the methods of punishment and not whether a certain conduct can be criminalized. The majority contended that

the fines and criminal penalties that are associated with the City of Grants Pass’ ordinances do not qualify as “cruel and unusual punishment.” Additionally, the decision reasoned that the Eighth Amendment “does not authorize federal judges… to dictate this Nation’s homelessness policy.” Justice Gorsuch wrote that the task of determining homelessness policy should rather belong to America’s people. The majority strongly underscored the important federalism and separation of powers issues inherent in their decision.

The National League of Cities filed a brief in this case along with our founding partners of the Local Government Legal Center (LGLC), the International Municipal Lawyers Association, and the National Association of Counties. The Court used the local government amicus briefs to highlight everything from the scope of the homelessness problem, to how Martin is being interpreted in lower courts to hamstring local governments, to some of the solutions that local governments are seeking to address homelessness. Citing the LGLC brief and naming the National League of Cities as a source, the Court noted “these public-camping regulations are not usually deployed as a front-line response to criminalize homelessness. Instead, they are used to provide [local government] employees with the legal authority to address encampments that pose significant health and safety risks and to encourage their inhabitants to accept other alternatives like shelters, drug treatment programs, and mental-health facilities.”

The Supreme Court and many amici agree that the problem of homelessness is extremely complex. This case returns the hard task of solving the homeless crisis to state and local policymakers, where it belongs, with resource support from the federal government. Rather than spending significant time, money, and resources litigating Martin claims, local governments can focus on expending resources to help the homeless community while ensuring their public spaces are safe and accessible, in a manner consistent with local needs.  * Co-authored by: Amanda Karras, Executive Director/General Counsel, International Municipal Lawyers Association Source – National League of Cities

JULY 2024

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Center for Rural Affairs:

Resources available for rural communities seeking federal grants

BY VAL ANKENY, CENTER FOR RURAL AFFAIRS

O

ngoing funding opportunities through the federal Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) offer Nebraska’s small and rural communities a unique moment in time to apply for grants that support infrastructure, energy, and conservation projects.

Many communities have the desire and need to make improvements but face significant challenges in accessing and applying for federal grants.

Limited staff, resources, and expertise are frequently top challenges, as the process of identifying oppor tunities, deciphering guidelines, gathering supporting documentation, and writing compelling applications are time consuming.

The Center for Rural Affairs understands the challenges and is prepared to help rural communities pursue funding to ensure they are not left out of the unprecedented opportunities available through the BIL and IRA. Nebraska communities with the desire and need to make improvements are encouraged to view and download the Center’s “Grant Application Guide for Rural Communities” and “Grant Writer Resource List” at cfra.org/ rural-resources.

The grant application guide is a valuable tool for communities wanting to learn more about the process. The guide can help communities begin

preparing for funding opportunities months in advance, and it provides tips and information for identifying grant opportunities, preparing to apply, setting a timeline, writing the application, and monitoring and reporting.

For example, taking time to identify existing needs, recognize where expansion is needed, and consider long-term goals are crucial exercises for grant writing. The time and effort put into a proposal can inform communication efforts and raise awareness and understanding of the significance and impact of the projects addressed in the application.

For communities interested in consulting with an outside professional, the Center’s Grant Writer Resource List offers contact information for agencies and organizations with experience in funding research and writing applications. These professionals offer a range of services, including personalized research, writing, management, and reporting.

Grant writer contracts can vary from one-time application submissions to annual or longer contracts.

Grants through the BIL and IRA can provide financial stability and diversify community funding sources, resulting in growth through infrastructure improvements, business development, and improved community facilities. 

For more information on how the Center can help or to request individualized assistance, email ruralleaders@cfra.org or call 402.687.2100.

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NEBRASKA MUNICIPAL REVIEW

Gothenburg’s iconic ponies get a new coat

BY DEB EGENBERGER, GOTHENBURG COMMUNITY DEVELOPMENT

W

hen an artist-in-residence painted a rainbow of horses on the side of a downtown building in 1982, it’s not likely Gothenburg folks realized the importance that mural would have in the community 42 years later.

The mural has become a beloved icon, the subject of thousands of photographs and the basis for the City of Gothenburg’s logo. It was originally created by Robin Smith, who designed and painted the mural with help from a local high school art teacher and her students. It covers the north exterior wall of one of Gothenburg’s early business locations at the corner of Lake Avenue and Ninth Street. A Gothenburg newspaper article from September 1982 described the mural as “… 24 giant Pony Express riders that melt away in rainbow shades. …”

The mural was refreshed about 20 years ago, so naturally after another 20-plus years, it needed a new coat. When the

Photo provided by City of Gothenburg

building’s current owners, Koby and Carrie Rickertsen, decided last year that building needed painted, a public “Save the Ponies” campaign was launched through the Gothenburg Chamber of Commerce tourism committee. The committee pledged $5,000 toward the project and community members donated to the Pony Express Community Foundation to supply the matching funds necessary to complete the job.

Alex Jorgenson, a Gothenburg native and GHS graduate, took on the giant paint project with his business, Show Time Painting. Alex and his crew completed the rainbow refresh in about two weeks and now the colorful Pony Express icon rides again. 

Over 49 million homeowners will put themselves at risk this year by not contacting 811 before digging.* Whether you’re an excavator or a facility operator, keep yourself and those around you safe by helping to increase awareness about the importance of contacing 811 before digging. *According to a February 2023 survey of American homeowners.

Find us online

JULY 2024

17

USDA Rural Development:

From the ground up!

USDA Rural Development provides multiple options for funds to help communities build infrastructure from the ground up

U

SDA Rural Development (RD) is the lead federal agency in helping rural communities grow and prosper. RD increases economic development and improves the quality of life in rural communities and small towns. RD does this by partnering with county officials, rural residents, leaders, and organizations to build prosperity and resilience.

RD advocates to help expand economic opportunity, create and save jobs, and improve the quality of life for people living in rural areas. With more than 50 loan and grant programs, this assistance supports housing, infrastructure improvements, business development, community facilities, public safety, healthcare, water and wastewater improvements, and highspeed internet access in rural, tribal, and high-poverty areas.

Year-to-date this fiscal year, USDA RD has invested more than $150 million in Nebraska through Single-Family Housing Programs, Multi-Family Housing Programs, Community Facilities Programs, Water and Environmental Programs, Business-Cooperative Programs, Electric Programs, and Telecommunications Programs.

Below is a summary of the three main programs of USDA Rural Development

Community Programs Essential community infrastructure is key to ensuring rural areas enjoy the same quality of life and services enjoyed by those in urban areas. Community Facilities Programs offer several grants, direct loans, and loan guarantees, to develop or improve essential public services and facilities in communities across Nebraska, with populations of 20,000 or less.

These programs help improve the quality of life of residents and increase the competitiveness of rural communities in attracting and retaining businesses.

Public bodies can use RD funds to construct, expand, or improve facilities that provide health care, education, public safety, and public services.

Projects may include fire and rescue stations, village and town halls, health care clinics, hospitals, adult and childcare centers, assisted living facilities, rehabilitation centers, public buildings, libraries, and many other community-based initiatives. Financing may also cover the costs for land acquisition, professional fees, and equipment purchases.

Community Facilities offers both direct loans and

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grant programs to assist in developing essential community facilities in rural areas. Project funds can be used for everything from a new fire truck, to replacing a leaking roof on city hall.

In addition to essential community facility infrastructure, RD provides loan and grant funding for the construction of water and waste facilities in rural communities and is the only federal program exclusively focused on water and waste infrastructure needs of rural communities with populations of 10,000 or less. Through the Rural Utilities Service, Water and Environmental Programs (WEP), rural communities obtain the technical assistance and financing necessary to provide their residents with safe drinking water and waste disposal systems. WEP also provides funding to organizations that provide technical assistance and training to rural communities in relation to their water and waste activities. Safe drinking water and sanitary waste disposal systems are vital to public health.

NEBRASKA MUNICIPAL REVIEW

Single-Family Housing Well built, affordable housing is essential to the vitality of communities in rural America. Rural Development’s Single Family Housing Programs give families and individuals the opportunity to buy, build or repair affordable homes located in rural areas. There are both direct and guaranteed loans, both with 100 percent financing, which requires no down payment or closing costs. Repairs may be included and income limits apply.

Housing repair programs are available for homeowners to repair, improve, or modernize their homes or to remove health and safety hazards. Very affordable, low interest rate loans are available to homeowners of all ages, while grants may be available to seniors to remove health and safety hazards. Homeowners must live in qualifying communities and be within the eligible income limits. Homeowners may also qualify for one of the Rural Disaster Home Repair grants. Nebraska counties

with Presidentially declared disaster areas may be eligible for repair expenses related to recent storms and/or fires. There are currently 33 Presidentially declared disaster counties and age and income eligibility will be based on the specific disaster program.

Single Family Housing also offers programs for non-profits, municipalities, and federally recognized tribes. The Housing Preservation Grants offer organizations the opportunity to administer the repair and rehabilitation of eligible housing.

Rural Housing Site Loans may offer organizations the opportunity to purchase and develop sites for eligible households. Mutual Self Help Grants may allow organizations to administer self-help new construction or rehabilitation projects.

Business Programs Business Programs provide financial backing and technical assistance to stimulate business creation and growth. The programs provide financial assistance, business development, and technical assistance to rural businesses with communities across Nebraska, with populations of 50,000 or less. These programs help to provide capital, equipment, space, job training, and entrepreneurial skills that can help to start and/or grow a business.

Loans, loan guarantees, and grants are available to individuals, businesses, cooperatives, farmers and ranchers, public bodies, non-profit corporations, Native American Tribes, and private companies in rural communities. Some of the programs are described below.

Value Added Producer Grants, which help agricultural producers enter into value-added activities related to the processing and marketing of new products. The goals of this program are to generate new products, create and expand marketing opportunities, and increase producer income.

Business and Industry Loan Guarantees, which offer loan guarantees to lenders for their loans to rural businesses.

Energy Programs, which provide funding for making energy efficiency improvements and/ or installing renewable energy systems for rural businesses. Our programs help convert older heating sources to cleaner technologies, install solar panels, build biorefineries and much more.

If your downtown retail stores need assistance with making energy improvements, this program can assist you.

Rural Business Development Grants are designed for public bodies, non-profit organizations, and Native American Tribes to provide technical assistance and training for small rural businesses having fewer than 50 new workers and less than $1 million in gross revenue. 

For more information To learn more about any of Rural Development’s programs, visit Nebraska | Rural Development (usda.gov) or https://www.rd.usda.gov. USDA is an equal opportunity provider, employer, and lender.

JULY 2024

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THE LEGAL CORNER

Muldrow v. City of St. Louis, MO: Best practices for addressing workplace discrimination claims

BY TARA A. STINGLEY, CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. * Tara A. Stingley

T

itle VII of the Civil Rights Act of 1964 prohibits employers from engaging in employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin.

To successfully state a Title VII discrimination claim, an employee must show they were discriminated against with respect to their compensation, terms, conditions, or privileges of employment. In a recent case, Muldrow v. City of St. Louis, Missouri, 144 S. Ct. 967 (2024), the U.S. Supreme Court granted certiorari to resolve a Circuit split over whether an employee challenging a transfer under Title VII must meet a heightened injury standard.

A. General Legal Principles As noted above, Title VII makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such 20

individual’s race, color, religion, sex, or national origin.”i Under this statute, the phrase “discriminate against” refers to “differences in treatment that injure” employees.ii Employees are therefore required to show that some harm occurred with respect to compensation, terms, conditions, or privileges of employment to demonstrate an adverse employment action.

B. Recent Case: Statement of Facts In Muldrow v. City of St. Louis, M i s s o u r i , t h e U . S . Su p r e m e Court considered an employment discrimination claim brought by Sergeant Jatonya Muldrow against her employer, the St. Louis Police Department.

Muldrow was transferred out of the St. Louis Police Department’s specialized Intelligence Division upon the arrival of a new commander. The commander called Muldrow “Mrs.” rather than Sergeant and replaced her with a male police officer. As a result, Muldrow filed a lawsuit against her employer alleging she was transferred because she is a woman.

Although Muldrow’s rank and pay remained the same, her new position did not have the same responsibilities, perks, and schedule. For instance, she lost her FBI status and vehicle because she no longer served in the Intelligence Division. Her new position involved administrative activities for neighborhood patrol officers, whereas her prior position involved investigating critical public corruption and human trafficking cases. Moreover, the new position required her to work weekend shifts.

On appeal, the Eighth Circuit Court of Appeals affirmed the district court’s decision to grant summary judgment to the St. Louis Police Department.

It concluded that Muldrow failed to prove her transfer caused a “materially significant disadvantage.”

In other words, she did not experience diminution to her title, salary, or benefits because of the transfer.

C. The Supreme Court’s Decision The Supreme Court granted certiorari to determine whether transferees must show significant, serious, substantial, or some other heightened injury

NEBRASKA MUNICIPAL REVIEW

standard to prevail under Title VII discrimination claims. The Court held that Title VII’s text does not demand a heightened threshold of harm.

Three arguments were proposed by the City of St. Louis in favor of a heightened standard: (1) statutory interpretation of Title VII’s text required a heightened injury standard; (2) Title VII’s anti-discrimination language should mirror its antiretaliation provisions, which only apply to retaliatory actions that cause “significant” harm; and (3) eliminating the heightened standard will flood courts with employment discrimination litigation. The Court responded to each argument and ultimately held that none justified the use of a heightened standard.

In rejecting the City’s arguments, the Court held, “To make out a Title VII discrimination claim, a transferee must show some harm respecting an identifiable term or condition of employment.” Simply put, Muldrow was only required to show that the transfer “brought about some ‘disadvantageous’ change in an employment term or condition.” Her allegations concerning loss of FBI status and vehicle, less prestigious responsibilities, and work schedule were all changes that, if proved, “left her worse off.” Therefore, Muldrow’s transfer – if ultimately based on sex – was prohibited under Title VII. The case was remanded to the Eighth Circuit for further proceedings consistent with the Supreme Court’s opinion.

D. Muldrow’s Impact on Title VII Litigation & Practical Takeaways Muldrow’s impact on Title VII litigation is yet to be seen. The Supreme Court’s analysis focused on the text of Title VII, which applies Continued on page 26 / See Legal

JULY 2024

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Nebraska ‘exurbs’ outshine suburbs in latest population growth figures Estimates reflect rising statewide population, a climb in Lincoln, a decline in Omaha city limits

Fremont +1.0%

Valley +3.1%

22

-0.4%

+0.7%

La Vista -0.2%

P

aul Lambert has long felt he lived in the sweet spot: not too far a drive from the cultural highlights of the state’s largest city, yet far enough away to savor the smaller town lifestyle.

But this Cass County seat where he serves as Plattsmouth Mayor had not seen population growth during the 2010-2020 decade nearly as swift as bedroom communities situated closer to major cities of Omaha and Lincoln.

Now a newly released U.S. Census report is signaling a shift in where people are moving, said Josie Schafer, who heads the Center for Public Affairs Research at the University of Nebraska at Omaha, which is the State Data Center and liaison to the Census Bureau.

According to the annual estimates for mid-2022 to mid-2023, population counts stalled or backtracked a bit in some key suburban cities that had been among Nebraska’s fastest growing places last decade.

Omaha

Wahoo

BY CINDY GONZALEZ THE NEBRASKA EXAMINER

Gretna -0.2%

Papillion -0.1%

Ashland +3.3%

Plattsmouth +1.6%

Lincoln +0.8%

Graphic shows population change from mid-2022 to mid-2023 in certain suburbs and exurbs of Nebraska cities, according to new census estimates. Recreated using information from UNO Center for Public Affairs Research, similar graphic originally ran by the Nebraska Examiner.

Meanwhile, the pace picked up in other smaller communities, including Plattsmouth, that are located farther out on the fringes of a metro area.

Demographers call those outer-ring areas exurbs — “farther out than a suburb but still in or close to a metropolitan area,” says Schafer.

What’s fueling the exurbs?

She says the recent population bumps in Omaha and Lincoln metro area exurbs such as Plattsmouth, Wahoo, and Ashland likely were fueled by post-

pandemic remote work opportunities and families seeking housing either more affordable or more reclusive than what is available closer to the cores of central cities.

While their gains may be small in actual numbers, Schafer said the shift stands out in contrast to traditional fast-growing suburban towns such as Papillion, Gretna, and Bennington, whose populations declined or stalled according to the census update.

Continued on page 27 / See Exurbs

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LARM

Legal liabilities for employers and supervisors Village board members, city council members, and supervisors in any Nebraska municipality have many responsibilities and roles. One of the most important roles is to understand, identify, and mitigate legal liabilities.

Doing so may protect their community from damage to city property, injury to staff or members of the public, and possibly a costly lawsuit. A common legal liability is negligence in the hiring and retention of city employees.

Negligence with hiring and/or retaining an employee who is unqualified, unethical, or unsafe will produce exposure to legal liabilities for any organization and even more so for a public entity that has the responsibility to safeguard its citizens. A municipality hires workers who have access to all facets of a city or village, including handling municipal accounts and funds, access to parks and swimming pools,

JAMES KELLEY LOSS CONTROL SPECIALIST, LARM

operating large machinery, and maintaining vital utilities.

There are a myriad of problems that can occur in a town that has handed the keys over to someone who is not qualified or, worse, isn’t trustworthy. Hiring or retaining inadequate staff can also create negative consequences such as lower productivity, decreased workplace morale, higher turnover rate, and diminished reputation for the municipality.

Here are some best practices to help mitigate this type of liability in your community: Implement and maintain a comprehensive employee handbook that includes clear and thorough job descriptions for each position and procedures for rewarding, disciplining, and terminating employees. Document that all employees have signed off on the employee handbook including any changes that are made to it. If you are a LARM member, that information is accessible on the LARM website at larmpool. org. A city attorney can also help your village or city develop a comprehensive employee handbook.

Have an extensive hiring process that includes thorough background checks, reference checks, and interviews of candidates. It may be difficult to find qualified employees, especially in the smaller communities in Nebraska, but it’s vitally important to not lower hiring standards just to fill vacant positions.

Hiring an unqualified person may prove much more costly to a municipality than any anticipated savings.

Provide necessary training to new hires and existing employees. Ensure they have the knowledge, skills, and tools to perform their tasks. Communication is vital. Don’t take for granted that a new employee has knowledge about equipment or processes. Document the initial training and any periodic safety and equipment training afterward. Keep and maintain all training records for each employee.

Establish clear and measurable goals and expectations for each employee. Recognize and reward good performance and address poor performance promptly. Provide constructive feedback and guidance for improvement and document employee performance and/or any corrective action needed in a performance evaluation.

If disciplinary action or termination is necessary, follow the organization’s policies and procedures and seek input from your legal team. Provide documentation and evidence to support the decision and communicate it respectfully and professionally to the employee.

There are communities in Nebraska that have paid enormous sums in legal fees and settlements for incidents that happen because of an unqualified, unethical, or unsafe employee. Don’t take a shortcut when hiring, training, and monitoring employees. The safety of your city and its financial stability depends on it.  24

NEBRASKA MUNICIPAL REVIEW

JULY 2024

25

Legal Continued from page 21

beyond the context of transfer cases.

Therefore, lower courts will likely apply Muldrow’s lightened standard to adverse employment actions generally under Title VII. State laws that use Title VII as their standard may be equally impacted by Muldrow. For example, Section 481104(1) of Nebraska’s Fair Employment Practice Act (FEPA) is identical to Title VII. Consequently, the lightened standard of harm articulated by the Supreme Court may be applied by courts reviewing FEPA claims.

In sum, the lightened burden of showing some harm, rather than a materially significant disadvantage, may make it easier for employees to avoid dismissal of their claims on summary judgment.

As a result, employers should pay close attention to changes impacting employees in the workplace, including transfers, schedule changes, and other employment conditions. Careful documentation of the justification for changes, including changes in schedule, location, and job responsibilities, will help employers defend against discrimination lawsuits. Editor’s Note: This article is not intended to provide legal advice to its readers. Rather, this article is intended to alert readers to new and developing issues. Readers are urged to consult their own legal counsel or the author of this article if they wish to obtain a specific legal opinion regarding their particular circumstances. The author of this article, Tara A. Stingley, can be contacted at Cline Williams Wright Johnson & Oldfather, L.L.P., 12910 Pierce Street, Suite 200, Omaha, NE 68144, (402) 397-1700, tstingley@clinewilliams. com or www.clinewilliams.com.

Nebraska DED invites applications for funding through the Municipality Infrastructure Aid Program

T

he Nebraska Department of Economic Development (DED) is now accepting applications through the Municipality Infrastructure Aid Program. The program finances infrastructure improvements in cities of the first class, cities of the second class, and villages. The new program was authorized by the Municipality Infrastructure Aid Act (LB 600), passed by the Nebraska Legislature earlier this year and signed into law

by Governor Jim Pillen.

Through grants of state aid, the Municipality Infrastructure Aid Program is intended to: • Facilitate approved redevelopment plans under the Community Development Law • Attract and support new business or business expansion • Create additional high-quality jobs • Increase business investment • Revitalize rural or other distressed areas of the state Infrastructure improvement projects must be part of an applicant’s approved redevelopment plan under the Community Development Law, and applications must include a cost-benefit analysis of the redevelopment plan. Infrastructure improvement projects include water systems, sewer systems, roads, bridges, and other site development activities. Applicants must contribute matching funds of at least 25% of the amount of the grant award.

Through the Municipality Infrastructure Aid Program, DED can award up to $4.4 million in competitive grants to one or more applicants. The application period is open now and will close on November 1, 2024.

Additional information, including program guidelines and the link to apply, can be found on the Department’s Municipality Infrastructure Aid Program webpage.  Source – Nebraska Department of Economic Development

*Special thanks to Milla Bevens for her assistance in the preparation of this article.

End notes 42 U.S.C. § 2000e-2(a)(1). ii Bostock v. Clayton Cnty., Georgia, 590 U.S. 644, 681 (2020). i

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NEBRASKA MUNICIPAL REVIEW

Exurbs Continued from page 22

“Those suburbs have been growing fast, and that’s put pressure on house prices to go up,” said Schafer. “Now when folks are looking for somewhere to go, moving father out might mean a little bit cheaper housing.”

A pattern of quicker exurban growth appears to be playing out nationally as well, according to an analysis on the official Census Bureau website. Fewer of the fastestgrowing places between 2022 and 2023 reportedly were inner suburbs than in 2019, before the pandemic, and more were on the outskirts of metro areas, up to and sometimes farther than 60 miles from the largest city’s downtown.

Census demographers Lindsay Spell and Marc Perry said it was too soon to know whether “exurban boomtowns” in such areas as the Phoenix metro will be temporary or enduring.

In Nebraska, the new census data show that as a whole, the Husker state expanded its population by about 0.5% from mid-2022 to mid-2023, a stride greater in that year than in either of the two previous years. With the addition of roughly 10,000 residents, Nebraska moved closer to the 2 million population mark, with the latest estimated count of 1,978,379.

Likewise, population increased in each of the state’s three largest counties during the same time frame: Douglas was up about 0.6%, Lancaster, 0.7% and Sarpy, about 1.8%.

The City of Lincoln grew 0.8% to nearly 295,000 people.

But the City of Omaha continued a three-year population decline, according to the estimates, with a 0.4% dip last year to 483,335 residents.

Said Schafer: “We can conclude that folks are moving out of the city limits of Omaha but are still staying and growing the region.”

Small-town living Lambert, the Plattsmouth mayor who is also a former city councilman and state lawmaker, has witnessed an influx of people into the “old railroad town” founded in 1854 during the heyday of steamboating on the Missouri River.

Plattsmouth’s population (now at 6,808) had been essentially stagnant in the last decade before rising an estimated 3.2% between mid-2020 and mid-2023 — 1.6% in the last of those years.

That doesn’t count growth of unincorporated residential neighborhoods just outside the official city limits (called sanitary improvement districts) that also have been filling up in the past few years, Lambert said.

JULY 2024

“...I think it’s the lifestyle. People can have a career in Omaha and get small-town living here. It’s a wonderful place to raise a family and have a relaxed place to live away from work.”

- Paul Lambert, Plattsmouth Mayor, on what he thinks is causing the population growth in his municipality.

“I think it’s the lifestyle,” he said of the draw. “People can have a career in Omaha and get small-town living here.

It’s a wonderful place to raise a family and have a relaxed place to live away from work.”

When Lambert moved to town some 40 years ago, he came from a small farm in Murray, Nebraska. He said he worked in Omaha at the time but found he could get more value from a house in Plattsmouth. He figures that’s still the case today.

A 192-unit apartment complex called the Brink is among projects under construction to help accommodate newcomers attracted to area businesses that plan to expand or have done so in recent years, Lambert said.

Twenty-five dwellings in a newly renovated historic schoolhouse leased up within a month of opening this year. The 18 newly built units next door also are full, Lambert said.

Vacation-like settings beckon In the far western Douglas County city of Valley — which features newer lakefront neighborhoods — the latest population gain likely is due more to newcomers wanting an escape than affordable housing, said Mayor Cindy Grove.  Source – The Nebraska Examiner. Read more at www.nebraskaexaminer.com

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Hands-on training Rubber Gloving School held in Norfolk; another to be held in Sidney in late August Th e E a s ter n Ne b ra s k a Rubber Gloving School was held May 21-23 in Norfolk.

Five municipal systems participated this year with linemen from Grand Island, Hastings, Nebraska City, Superior, and West Point.

The next Rubber Gloving School is scheduled for Aug. 27-29 in Sidney. Participants may be limited so be sure to register in advance. For more information, reach out to Jackson Sash at jacksons@ lonm.org.  Photos by Jackson Sash/LONM

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Financial & Single Audits Budget Consulting & Preparation Retirement Plans Benchmarking & Rate Studies

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Marcy Luth, Michael Hoback Joe Stump, Kyle Overturf or Tracy Cannon 1203 W. 2nd Street Grand Island, NE 68801 Ph 308.381.1810 Fax 308.381.4824 www.gicpas.com

NEBRASKA MUNICIPAL REVIEW

Ten things every municipality should know about the

Open Meetings Act

BY LNM LEGAL STAFF

The Nebraska Open Meetings Act changes nearly every year and it is important for municipal officials to stay up-to-date on the latest requirements. This article breaks down 10 of the key takeaways from the law.

1. Why have open meetings?

The Nebraska Open Meetings Act states “It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret.

“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.”

2. What are the public’s rights at meetings?

A recent change to the Open Meetings Act states that except for closed sessions, a city council or village board must allow members of the public an opportunity to speak at each meeting. Members of the public may also videotape, televise, photograph, broadcast, or record the meeting.

A city council or village board cannot require members of the public to identify themselves just to attend a meeting. Also, a member of the public is not required to have their name placed on the agenda prior to the meeting in order to speak about items on the agenda.

Members of the public wanting to address the city council or village board must identify themselves, including providing their address and the name of any organization they represent, unless the address requirement is waived to protect the security of the individual.

3. Can municipalities enact rules and regulations on people speaking at meetings?

Yes. The Open Meetings Act allows a city council or 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, including meetings held by virtual conferencing.

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4. Which public entities must comply with the Open Meetings Act? Public bodies include governing bodies of all political subdivisions of the State of Nebraska, which includes municipalities. Other public entities that must comply with the Open Meetings Act include agencies of the executive department of the State of Nebraska, all independent boards and commissions created by the Nebraska Constitution or statute, and study or advisory committees of both the state and political subdivisions.

A public body does not include subcommittees unless a quorum of the public body attends or the subcommittee is holding hearings, making policy, or taking formal action on behalf of its parent body.

Entities conducting judicial proceedings are also not considered public bodies.

5. What is a public body?

A public meeting includes all regular, special, or called meetings, formal or informal, of any public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action of the public body.

The Open Meetings Act does not apply to chance meetings or to attendance at or travel to conventions or workshops where there is no meeting of the body intentionally convened, if there is no vote or other action taken on any matter over which the public body has control.

6. How does a municipality provide notice of its meetings to the public?

Each municipality is required to give reasonable advance publicized notice of the time and place of each meeting to all members of the city council or village board and to the public. For larger cities, notice must be published in a newspaper of general circulation within their jurisdiction and, if available, on the newspaper’s website. For a city of the second class or village, notice can be published in a newspaper like the larger cities or by posting in three conspicuous public places.

In case of refusal, neglect, or inability of the newspaper to timely publish the notice, the municipality must post notice on its own website, if available, and post the notice in a conspicuous public place in the municipality’s jurisdiction.

Beginning January 1, 2025, notice requirements will change, including requiring that the newspaper publish the notice on a statewide website established by Nebraska newspapers, adding options for notice if the newspaper is finalized for printing prior to the time and date of the meeting, and adding publication to the statewide website established by Nebraska newspapers when a newspaper refuses, neglects, or is unable to publish the notice.

7. Are municipalities allowed to hold their meetings by virtual conference, like Zoom or by telephone?

No, except in very limited circumstances. The Open Meetings Act outlines which public entities are allowed to hold their meetings by virtual conference and municipalities are not listed. The Open Meetings Act provides very limited circumstances for a municipality to hold a public meeting by virtual conferencing. These limited exceptions include: 1. an emergency meeting; 2. the Governor declaring an emergency pursuant to the Emergency Management Act and your municipality is included in the territorial jurisdiction of the declared emergency; or 3. a discussion of items scheduled to be discussed at future in-person meetings under certain situations.

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NEBRASKA MUNICIPAL REVIEW

8. When are closed sessions permitted?

There are only two reasons a municipality may hold a closed session: 1. It is clearly necessary for the protection of the public interest; or 2. For the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting.

State law goes on to list examples of reasons to hold closed sessions, such as: strategy sessions with respect to collective bargaining, real estate purchases, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation; 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.

9. Are meeting minutes required?

Yes. Every municipality is required to keep minutes of all public meetings showing the time, place, members present and absent, and the substance of all matters discussed. Any action taken on any question or motion needs to be by roll call vote in open session. The record must state how each city council or village board member voted or if the member was absent or not voting.

Minutes must be written or kept as an electronic record and available for inspection within 10 working days or prior to the next convened meeting, whichever occurs earlier. Cities of the second class and villages may have an additional 10 working days if the employee responsible for writing or keeping the minutes is absent due to a serious illness or emergency.

For Omaha, Lincoln, and cities of the first class, their websites need to include the agenda and minutes of any meeting of the city council. This information must be available on their website for at least six months.

10. Does the Open Meetings Act need to be posted at every public meeting?

Yes. State law requires each municipality to have at least one current copy of the Open Meetings Act posted in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public must be informed about the location of your poster. The League is pleased to provide your municipality with an updated copy of the Open Meetings Act poster each time the Open Meetings Act is amended.

WATCH FOR IT!

It is important to keep up to date with the Open Meetings Act, especially because there are changes made to the Act almost every year by the Legislature. If you have further questions about the Open Meetings Act, please contact your municipal attorney.

The League and LARM are in the process of updating the Open Meetings Act posters to include changes from the 2024 Legislative Session. Watch for your posters in the mail!

JULY 2024

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