Neb. Rev. Stat. §§ 84-1103

Current with changes through the 2024 First Special Legislative Session

Section 84-1103 - Terms, defined

As used in sections 84-1101 to 84-1116, and unless otherwise clearly required by the context, the following terms, and the customary derivatives thereof, have the respective meanings and connotations shown:

(1) An attack means any action or series of actions by an enemy of the United States, causing, or which may cause, substantial injury or damage to civilian persons and property in the United States in any manner, whether by sabotage, or by the use of bombs, missiles or shellfire, or by atomic, radiological, chemical, bacteriological or biological means, or by other weapons or processes;

(2) The terms office and officer include all public offices and officers in the state government and in the governments of all local political subdivisions in the state, whose powers and duties are defined by the Constitution of Nebraska or statutes of the state, or by the charters, orders, resolutions, or other legal enactments of the political subdivisions concerned; and without regard to whether the functions and duties of any such office or officer are primarily of an executive, legislative, or judicial nature, or a combination thereof. If otherwise within the scope of the foregoing definition, an office may belong to a governmental body or group, such as a board, a commission, a council, a court or quasi-judicial tribunal, etc., in which event each member thereof is an officer;

(3) The terms state office and state officer include all offices and officers of the central state government, and district and sectional offices and officers not within the immediate jurisdiction or control of any political subdivision of the state; except as pertains to the Governor and to members of the Legislature;

(4) A deputy means any deputy, assistant, or subordinate to an officer, normally serving with and under him;

(5) A successor means a person who, in event of a legal vacancy in any office, and in pursuance to law, has been regularly elected or appointed to fill such vacancy, and has duly qualified therefor;

(6) An alternate or alternate officer means a person who is or has been duly appointed, as provided in sections 84-1101 to 84-1116, as a possible emergency interim successor to the powers and duties, but not to the office, of an officer;

(7) An acting officer means a person who actually is serving as an emergency interim successor to the powers and duties, but not to the office, or an officer, as provided by sections 84-1101 to 84-1116. In other words, an alternate officer becomes and is an acting officer when he assumes, and while he is exercising and performing, the powers and duties of an officer, as provided by sections 84-1101 to 84-1116;

(8) The term available, when applied to an officer, a successor, a deputy, or an alternate or acting officer, means that the individual referred to is legally, physically, and mentally qualified and able to exercise the powers and perform the duties of such office. Conversely, the term unavailable means that he is unable to exercise the powers and discharge the duties of the office concerned, either by virtue of circumstances which by general law would create a legal vacancy in the office, or by virtue of transitory causes, whether or not such circumstances would create a legal vacancy in the office concerned under any other provision of law;

(9) The term political subdivisions includes counties, townships, cities, villages, districts, authorities, and other public corporations and entities, whether organized and existing under direct provisions of the Constitution of Nebraska or laws of the State of Nebraska, or by virtue of charters, corporate articles, or other legal instruments executed under authority of such constitution or laws;

(10) The term obligated subdivision means a political subdivision wherein the provisions of sections 84-1101 to 84-1116 shall be invoked as provided in section 84-1105. The term obligated officers includes all state officers and all officers of obligated subdivisions; and

(11) A resolve means an ordinance, resolution, resolve, or other proper proceedings, duly enacted by the governing body of a political subdivision in accordance with the Constitution of Nebraska or general laws of this state, the charter or corporate articles of such political subdivision, the usual and customary practices of such governing body, or any combination thereof.

Neb. Rev. Stat. §§ 84-1103

Laws 1959, c. 457, § 3, p. 1515.