Nebraska State Constitution Article IX-4

Article IX-4

IX-4.

County and township officers.

The Legislature shall provide by law for the election of such county and township officers as may be necessary and for the consolidation of county offices for two or more counties; Provided, that each of the counties affected may disapprove such consolidation by a majority vote in each of such counties.

Source

  • Neb. Const. art. X, sec. 4 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 4;
  • Amended 1968, Laws 1967, c. 308, sec. 1, p. 834.

Annotations

The members of the commission provided for in L.B. 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612), are not county officers and the act does not violate this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

County manager is an officer of the county within the meaning of this section. State ex rel. O'Connor v. Tusa, 130 Neb. 528, 265 N.W. 524 (1936).

Division of county into commissioner districts must give equal power in local government of the county. State ex rel. Harte v. Moorhead, 99 Neb. 527, 156 N.W. 1067 (1916).

County judges are not considered as classed with "county officers." Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

The number and character of county officers that may be created rests in the discretion of the Legislature. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).