Nebraska Revised Statute 19-926

Chapter 19

19-926.

Planning commission; members; term; removal; vacancies; alternate members.

(1) The planning commission of a city of the first class, city of the second class, or village shall consist of nine regular members who shall represent, as far as is possible, the different professions or occupations in the city or village and shall be appointed by the mayor by and with the approval of a majority vote of the members of the city council or by the chairperson of the village board of trustees by and with the approval of a majority vote of the members of the village board of trustees. Two of the regular members may be residents of the area designated pursuant to section 16-902 or 17-1001 over which the city or village is exercising extraterritorial zoning jurisdiction. When there is a sufficient number of residents in such area over which the city or village exercises extraterritorial zoning jurisdiction, one regular member of the commission shall be a resident from such area. If it is determined by the city council or village board of trustees that a sufficient number of residents reside in such area, and no such resident is a regular member of the commission, the first available vacancy on the commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number of residents shall mean: (a) For a village, two hundred residents; (b) for a city of the second class, five hundred residents; and (c) for a city of the first class, one thousand residents. A number of commissioners equal to a majority of the number of regular members appointed to the commission shall constitute a quorum for the transaction of any business. All regular members of the commission shall serve without compensation. The term of each regular member shall be three years, except that three regular members of the first commission to be so appointed shall serve for terms of one year, three for terms of two years, and three for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the city council or village board of trustees, be removed by the mayor with the consent of a majority vote of the members of the city council or by the chairperson of the village board of trustees with the consent of a majority vote of the members of the village board of trustees for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by appointment by the mayor or the chairperson of the village board of trustees.

(2) Notwithstanding the provisions of subsection (1) of this section, the planning commission for any city of the second class or village may have either five, seven, or nine regular members as the city council or village board of trustees establishes by ordinance. If a city or village planning commission has either five or seven regular members, approximately one-third of the regular members of the first commission shall serve for terms of one year, one-third for terms of two years, and one-third for terms of three years.

(3) A city of the first class, a city of the second class, or a village may, by ordinance, provide for the appointment of one alternate member to the planning commission who shall be chosen by the mayor with the approval of a majority vote of the members of the city council or by the chairperson of the village board of trustees with the approval of a majority vote of the members of the village board of trustees. The alternate member shall serve without compensation. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the mayor with the approval of a majority vote of the members of the city council or by the chairperson of the village board of trustees with the approval of a majority vote of the members of the village board of trustees. The alternate member may attend any meeting and may serve as a voting and participating member of the commission at any time when less than the full number of regular commission members is present and capable of voting.

(4) A regular or alternate member of the planning commission may hold any other municipal office except (a) mayor, (b) a member of the city council or village board of trustees, (c) a member of any community redevelopment authority or limited community redevelopment authority created under section 18-2102.01, or (d) a member of any citizen advisory review committee created under section 18-2715.

Source

  • Laws 1937, c. 39, § 3, p. 176;
  • C.S.Supp.,1941, § 18-2103;
  • R.S.1943, § 18-1303;
  • Laws 1975, LB 410, § 9;
  • Laws 1978, LB 186, § 3;
  • R.S.1943, (1983), § 18-1303;
  • Laws 1988, LB 934, § 6;
  • Laws 1995, LB 193, § 1;
  • Laws 2017, LB383, § 3;
  • Laws 2019, LB193, § 92.