Nebraska State Constitution Article IV-10

Article IV-10

IV-10.

Governor to appoint officers; removal.

The Governor shall appoint with the approval of a majority of the Legislature, all persons whose offices are established by the Constitution, or which may be created by law, and whose appointment or election is not otherwise by law or herein provided for; and no such person shall be appointed or elected by the Legislature. The Governor shall have power to remove, for cause and after a public hearing, any person whom he may appoint for a term except officers provided for in Article V of the Constitution, and he may declare his office vacant, and fill the same as herein provided as in other cases of vacancy. The Governor shall have power to remove any other person whom he appoints at any time and for any reason.

Source

  • Neb. Const. art. V, sec. 10 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 10;
  • Amended 1972, Laws 1972, LB 302, sec. 1.

Annotations


1. Power of appointment


2. Power of removal


3. Procedure


4. Miscellaneous


1. Power of appointment

Designation by Legislature of University of Nebraska officers as members of Natural Resources Commission was a legislative appointment in violation of Constitution; but designation of Director of Water Resources was valid as simply adding to the duties of a state officer. Neeman v. Nebraska Nat. Resources Commission, 191 Neb. 672, 217 N.W.2d 166 (1974).

Power of appointment and removal of officers is in the Governor except as limited by this section. Wittler v. Baumgartner, 180 Neb. 446, 144 N.W.2d 62 (1966).

Governor has power to appoint heads of executive departments. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Legislature after it has created an office cannot itself fill it. State ex rel. Hensley v. Plasters, 74 Neb. 652, 105 N.W. 1092 (1905).

Constitution prohibits appointment or election of officers by Legislature. State ex rel. Horne v. Holcomb, 46 Neb. 88, 64 N.W. 437 (1895).


2. Power of removal

The Governor is empowered to remove any officer appointed by him for incompetency, neglect of duty, or malfeasance in office. State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).

Power to remove member of Liquor Control Commission is derived from this section. State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 (1951).

In addition to the power of appointment, the Governor has the power of removal in case of incompetency, neglect of duty, or malfeasance in office. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Lieutenant Governor cannot, during mere temporary absence of Governor from the state, remove from office appointees of the Governor. Johnson v. Johnson, 141 Neb. 239, 3 N.W.2d 414 (1942).


3. Procedure

In a hearing for removal of an officer, the charge must be reasonably definite, notice of hearing must be given, and an opportunity to defend afforded. State ex rel. Meyer v. Sorrell, 174 Neb. 340, 117 N.W.2d 872 (1962).

Three steps are contemplated, namely: Nomination, confirmation, and appointment. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).


4. Miscellaneous

This section does not apply to county treasurer whom the Legislature designates as ex officio city treasurer. Cathers v. Hennings, 76 Neb. 295, 107 N.W. 586 (1906).

This section applies only to officers mentioned in Constitution. It has no application to municipal officers. State ex rel. Hastings v. Smith, 35 Neb. 13, 52 N.W. 700 (1892).

This section does not apply to police commissioner of municipality as created by Legislature. State ex rel. Hastings v. Smith, 35 Neb. 13, 52 N.W. 700 (1892).