clerks and assistants; county
board; budgetary approval.
(1) The county officers in
all counties shall have the necessary clerks and assistants for such periods
and at such salaries as the county officers may determine, subject to budgetary approval by the
(2) In carrying out its
budget-making duties, a county board shall not eliminate an office or unduly
hinder a county officer in the conduct of his or her statutory duties. If
a county officer challenges the county board's decision in court, the county
officer shall have the burden to prove such elimination or hindrance by clear
and convincing evidence.
Source:Laws 1943, c. 90, § 11, p. 302; R.S.1943, § 23-1111; Laws 2011, LB62, § 1.
Section 23-908 does not control a budget dispute when a more specific statute applies. The controlling statute for a budget dispute over salary and working conditions for an elected county official's employees is this section. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010).
Under this section, unless a county board shows by a preponderance of the evidence that an elected officer's employment determination is arbitrary, capricious, or unreasonable, it lacks authority to disapprove it. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010).
This section does not allow a county board to arbitrarily reduce salaries recommended by an elected officer. State ex rel. Garvey v. County Bd. of Comm. of Sarpy County, 253 Neb. 694, 573 N.W.2d 747 (1998).
Absent the existence of a labor organization as defined by section 48-801, in most instances elected officials are authorized in the first instance to hire their own employees, set their salaries, and prescribe their terms and conditions of employment. Sarpy Co. Pub. Emp. Assn. v. County of Sarpy, 220 Neb. 431, 370 N.W.2d 495 (1985).
This section requiring the approval of salaries by the County Board does not allow the Board to arbitrarily reduce the salaries recommended by the elected officers in their budget. Meyer v. Colin, 204 Neb. 96, 281 N.W.2d 737 (1979).
County judge is authorized to fix the salary of the clerk of the county court. Bass v. County of Saline, 171 Neb. 538, 106 N.W.2d 860 (1960).