Neb. Sup. Ct. R. 3-804

As amended through October 23, 2024
Section 3-804 - Officers
(A) Titles. The officers of this Association shall consist of the following:
(1) President,
(2) President-Elect,
(3) Chair of the House of Delegates,
(4) Chair-Elect of the House of Delegates,
(5) Secretary,
(6) Treasurer,
(7) Executive Director, and
(8) Such other officer or officers as may be designated by the bylaws.
(B) Eligibility. Any Active member in good standing shall be eligible to hold any office for which he or she is elected or appointed in this Association. An appointive officer need not be a member of this Association.
(C) Nomination and Election. The following officers shall be nominated and elected in the manner provided by the bylaws:
(1) President, by succession to that office by the President-Elect;
(2) President-Elect;
(3) Chair of the House of Delegates, by succession to that office by Chair-Elect of the House of Delegates;
(4) Chair-Elect of the House of Delegates; and
(5) Any other officer hereafter provided by the rules or the bylaws of the Association.
(D) Appointive Officers. The following officers shall be appointed by the Executive Council: Secretary, Treasurer, Executive Director, and any other officer provided for by the bylaws of this Association other than those required to be elected under the preceding section hereof.
(E) Combining of Offices. The offices of Secretary, Treasurer, Executive Director, and any other appointive offices provided for in the bylaws may be combined, in any combination, by the Executive Council.
(F) Removal of Appointive Officers. Any appointive officer may be removed from office at any time by the Executive Council.
(G) Duties and Powers.
(1) The President shall be the Chief Executive Officer of this Association, shall preside at all meetings of this Association and of the Executive Council and shall perform the duties usually pertaining to that office, shall appoint the members and chairs of all committees, and shall perform such other duties and responsibilities as may be provided by the bylaws.
(2) The President-Elect shall perform such duties as are assigned to him or her by the President, shall have and perform the duties and responsibilities of the President in case of the absence or incapacity of the President, and shall perform such other duties and responsibilities as may be provided by the bylaws.
(3) The Chair of the House of Delegates shall preside at all meetings of the House of Delegates, shall be the Executive Officer thereof, and shall perform such other duties and responsibilities as may be specifically determined by the House of Delegates or as may be provided by the bylaws.
(4) The Chair-Elect of the House of Delegates shall have the duties and responsibilities of the Chair in the absence or incapacity of the Chair and shall perform such other duties and responsibilities as may be specifically determined by the House of Delegates or as may be provided by the bylaws.
(5) The Secretary shall be the custodian of the records and archives of this Association; shall report the minutes of all meetings of this Association, the Executive Council, and the House of Delegates; and shall perform such other duties and responsibilities as may be provided by the bylaws and these rules.
(6) The Treasurer shall be the custodian of and shall supervise the collection and disbursement of all funds and properties of this Association, shall disburse the funds of this Association as provided in §§ 3-803(D) and 3-809, and shall have such other duties and responsibilities as may be provided by the bylaws and these rules.
(7) The Executive Director shall have such responsibilities and perform such duties as shall be delegated to him or her by the Nebraska Supreme Court, the Executive Council, and the House of Delegates and shall perform such other duties and responsibilities as may be provided by the bylaws.
(8) The death, resignation, incapacity to act, or other termination or suspension of active membership in this Association of any officer as may be determined by any procedure provided therefor by the bylaws shall create an immediate vacancy in the office of any such officer of this Association.
(9) A vacancy occurring in an elective office of this Association shall be filled as follows: The President-Elect shall assume the office of the President if such office becomes vacant. The Chair of the House of Delegates shall assume the office of President if both the offices of President and President-Elect are vacant. The Chair-Elect of the House of Delegates shall assume the office of Chair of the House if such office becomes vacant or if the Chair of the House of Delegates has assumed the office of President. A vacancy in the office of Chair-Elect of the House of Delegates shall be filled by special election to be conducted by the House of Delegates. If a President-Elect Designate shall have been designated, he or she shall assume the office of President-Elect if it becomes vacant and a new President-Elect Designate shall be nominated and elected as soon as practical in the manner provided in § 3-804(H)(2).
(10) Any officer succeeding to the office of President through the filling of a vacancy occurring therein shall serve until the end of the second Annual Meeting following such succession. Any officer filling a vacancy in the office of the Chair of the House of Delegates or Chair-Elect of the House of Delegates shall have such term of office as may be provided by the bylaws.
(11) In the event of a vacancy in any appointive office, such vacancy shall be promptly filled by the Executive Council.
(H) Term of Office.
(1) The President and President-Elect shall hold office beginning with the close of this Association's Annual Meeting and shall serve until the close of the next succeeding Annual Meeting subject to the provisions for holding-over in the event of the filling of a vacancy therein as hereinbefore set forth. The Chair of the House of Delegates and the Chair-Elect of the House of Delegates shall hold office for such term or terms as may be provided in the bylaws. Members of the Executive Council shall hold office for the terms provided in § 3-806. All other officers shall hold office for the terms specified by the appointing authorities or as may be fixed by the bylaws.
(2) At least 90 days prior to this Association's Annual Meeting, the District members of the Executive Council, by a majority vote thereof, shall make nomination for the office of President-Elect of this Association for the following year. Such nomination shall be filed with the Secretary of this Association, who shall within 10 days thereafter mail notice of such nomination to the Active members of this Association setting forth the time and place fixed for the filing of additional nominations. Such notice shall further advise that additional nominations may be made by written petition. Within 30 days after the mailing of such notice, any 25 or more Active members of this Association may make additional nominations by signing a nominating petition which shall, in each instance, be accompanied by the nominee's written consent to serve if elected. In the event the Secretary shall receive such additional nominations, the time, manner, and method of conducting an election and canvassing the same shall be provided by the bylaws. The nominee so elected or, if no nominations shall be made, other than by the Executive Council, the nominee of the Executive Council shall be President-Elect Designate.
(3) The nomination and election of the Chair-Elect of the House of Delegates shall be made by the House of Delegates in such manner as such House may provide.
(4) Provisions shall be made by the bylaws for the method of conducting and canvassing the election for any elective office in this Association in any case where there is more than one nominee for such office.

Neb. Sup. Ct. R. 3-804

Rule 4(H)(2) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-804, effective July 18, 2008. § 3-804(G)(5)-(7) amended December 3, 2013, effective January 1, 2014.