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Rights of Nebraska sheriffs (elected officials)

What rights do Nebraska sheriffs...

What rights do Nebraska sheriffs, as elected officials, have? What power do County Boards of Supervisors have over a Sheriff? Is it possible for one elected official (Sheriff) to file a grievance against another elected official (County Clerk) for interfering with his/her job? Please point me in the right direction to find the answers to my questions.

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Answered in 4 hours by:
5/24/2013
N Cal Atty
N Cal Atty, Lawyer
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Thank you for your question.

The statutes on Sheriffs start at 23-1701, see
http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=23

23-1301 is the first of the series of statutes on the County Clerk. See above link.

Supposedly, ultimately the County Board of Supervisors runs the County. If a County Clerk is interfering with a Sheriff in the performance of the Sheriff's duties, the Sheriff could raise the matter with the County Board. If the County Board fails to resolve the issue, the next logical move would be for the Sheriff to go to Court and file a petition for a writ of prohibition that would prohibit the Clerk from interfering with the Sheriff.

I hope this information is helpful.

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Customer reply replied 4 years ago

It's a little more complicated, in that the Board is playing into the Clerk's hands by allowing itself to be hyped up by the Clerk. The Board has done things it is not legally allowed to do, such as place the emergency center in the hands of a non-certified jailer, and the County Attorney fails to correct or set the problem straight. The County Attorney should be the Sheriff's legal representative, but he is not acting it.

If there is a conflict of interest like this, the Sheriff usually retains outside counsel to get a writ against the Clerk.
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