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7529 (79). Confirmation of appointments.

It shall require a majority of all the members of the council to confirm each of said appointments. Upon the failure or refusal of the council to confirm any of said appointments it shall be the duty of the mayor on every regular council meeting thereafter to submit other appointments for such offices, if the appointee thereto be not confirmed, and to so continue until approved by the council. No name shall be submitted successively more than twice for the same office. 7530 (80). Officer responsible for deputies.

Each officer elected under the provisions of this act shall be responsible for the service rendered by all deputies, employes, and agents, under his direction and control. He shall have the power to appoint and remove such deputies, employes and agents from time to time for the good of the service. All appointive officers shall also have power to appoint and remove their employes in the same manner unless otherwise provided in this act.

7531 (81). Duties of officers defined by ordinance.

The duties, powers and privileges of all officers of every character, in any way connected with the city government not herein defined, shall be defined by ordinance, and the defining by this act of the duties of any city officer, shali not preclude the mayor and council from defining by ordinance further and additional duties to be performed by any such officer.

7532 (82). Special offices and officers.

The mayor and council shall have power to create any office, or employ any officer or employ any agent they may deem necessary for the government and best interests of the city, and to prescribe and regulate the duties, powers and compensation of all officers, agents, and servants of the city not herein provided for. But all such agents, officers and servants employed or appointed under this act, so far as practicable, must be qualified voters of said city.

7533 (83). Creation of new offices.

The mayor and city council may create other offices than those enumerated in this act and such offices shall be created in the following manner. The necessity of such new office shall be declared by resolution proposing the salary and duties of such office. After such resolution has been published once each week for three successive weeks, the council may by ordinance create such office and fix a reasonable salary not exceeding the amount fixed in such resolution. Such offices shall not hereafter be created unless by consent of the mayor and two-thirds vote by the city council.

7534 (84). Officers take oath.

All elective and appointive officers of the city shall before entering upon their respective duties, take and subscribe the oath required by the laws of the state. Said oath shall be endorsed upon their respective bonds. Where no bond is required the oath shall be subscribed before the city clerk and filed in his office. 7535 (85). Official bonds by surety company.

All official bonds of said officers must be in form joint and several and payable to the city. The conditions of such bond must be for the faithful discharge of the duties of the office and for the prompt payment or delivery of all monies or property received by him as such officer and in such penalty and with such other conditions as are required by law or ordinance creating or regulating the duties of the office. Unless otherwise specified by this act all official bonds shall be executed by one or more surety or guarantee companies of recognized or es

$ 75411

REMOVAL OF OFFICERS.

tablished responsibility and the cost thereof shall be paid from the general fund of the city.

7536 (86). Official bonds-Approving and filing.

Unless otherwise provided in this act, such bonds must be endorsed thereon by the officer or officers approving the same, before the same is filed and recorded with the city clerk. The bonds of all councilmen and the city clerk shall be approved by the mayor or a judge of the District Court. The bonds of the mayor and all other elective officers shall be approved by the city council or a judge of the district court. All official bonds of city officers elected under the provisions of this act must be approved and filed with the city clerk on or before the day fixed for assuming the duties of the offices. All bonds of officers appointed under the provisions of this act must be approved and filed with the city clerk within thirty days after the date of their appointment and before assuming the duties of their respective offices.

7537 (87). Failure to file bond-Vacate office.

If any person elected or appointed to any city office shall neglect, fail, or refuse, to have his official bond executed and approved as required by law, and filed for record within the time limited by this act, his office shall thereupon ipso facto become vacant and such vacancy shall thereupon be filled by election or appointment as the law may direct in other cases of vacancy in the same office. 7538 (88). Official bond-General law of state applicable to.

The general laws of the state governing public officers, so far as applicable, shall govern and fix the qualifications and the liability of sureties, the penalties for failure to give bonds, the bonds of persons appointed to fill vacancies or the bonds to be given by officers reappointed, re-elected, or holding over.

1. For neglect of a ministerial duty the officers of the city and the sureties are liable, but the city is not liable. Gordon v. Neb. ; 99 N. W. R. City of Omaha, 242.

2. For liability of officers and sureties see 9003 to 9017.

7539 (89). Removal of officers-Filling vacancies.

The Mayor and City Council shall have power to provide for the filling of such vacancies as may occur in the office of councilman or other office of the city, and to provide for the removal of all officers of the city for misconduct, incompetency or malfeasance in office, when not otherwise provided in this act. 7540 (90). Grounds for removing officer.

The Mayor and City Council shall have concurrent Jurisdiction to remove. 1. Conviction of a from office any officer elected or appointed under the provisions of this act, except mayor and councilman, for the following causes:

felony. 2. Corruption or bribery. 3. Drunkenness. 4. Neglect of duty. 5. Any malfeasance in office. 6. Any misconduct or malfeasance in office which is defined or prohibited by the laws of the state governing the conduct of officers of cities and villages. The complaint, summons and procedure shall be the same, so far as applicable, as provided for the removal of county officers.

1. For procedure for removal of county

officers see secs. 9243 to 9251.

7541 (91). When district court remove officer.

Upon complaint of three or more elective officers of such city the district court of the county in which such city is situated shall have jurisdiction to remove irom office any officers including the mayor or any councilman

1. Sec. 103 of the act of 1897 conferring jurisdiction on the district court to remove any officer mentioned in the act is void as to the removal of police magistrates, as it violates sec. 19 of art. VI of the constitution (597) requiring uniformity of jurisdiction. Gordon v. Moores, 61 Neb. 345; 85 N. W. R. 298.

2. The provision of sec. 2, art. XVI, (656) that "Any person who is in default as collector or custodian of public money or

7542 (92). Impeachment of officer.

property shall be ineligible to any office of trust or profit," applies to city officers. State v. Moores, 52 Neb. 770; 56 Neb. 1, and 58 Neb. 285; 73 N. W. R. 299.

3. Under the provisions of the charter as it existed in 1892 an officer appointed by the mayor could be removed by the mayor without proceedings in the district court. State ex rel. Gapen v. Somers, 35 Neb. 322; 53 N. W. R. 146.

Any city officer may be impeached or removed for any of the causes mentioned in the preceding sections or for any cause provided in this act. The complaint shall specify such charges and shall conform to the requirements of the Code of Civil Procedure and the complainants shall give a bond in the sum of $1000.00 in favor of the officer complained against, conditioned for the payment of all damages and costs if such impeachment is not sustained.

7543 (93). Trial of impeachment.

The judges, or one of them, may issue the proper writ, requiring such officer to appear before him, on a day therein named, not more than ten days after the service of such writ, together with a copy of such charges and specifications, and requiring such officer to show cause why he should not be removed from his office. The proceedings in such case shall take precedence of all civil causes and be conducted according to the rules of such court in such cases made and provided, and such officer may be suspended from the duties of his office during the pendency of such proceedings by the order of said court. During the time any appointive officer is suspended the Mayor and council may appoint any competent person to perform the duties of such officer suspended and provide for his compensation, and require him to execute a sufficient bond for the faithful performance of the duties of the office. If it should appear to the court upon the trial that such officer has been guilty of malfeasance in office, the court shall enter a judgment removing such officer from his office.

7544 (94). Penalty for receiving pay from city contractor.

The Mayor, councilmen and all other officers, agents and employes of the city are especially prohibited from soliciting or receiving, directly or indirectly, any contribution of money or supplies of whatsoever kind, or any valuable or special privilege at the hands of any city contractor, his or their agents, or from any franchised municipal corporation for any purpose whatsoever, and such conduct shall constitute malfeasance in office. No officer, appointee, agent or employe shall directly or indirectly solicit or receive any gift or contribution of money or supplies, or any valuable service, from any appointee, agent or employe of such city, for the benefit of the person asking for such gift or contribution or for the benefit of another. Any violation of this provision shall constitute a misdemeanor and shall subject the offender to a fine of not exceeding fifty (50) dollars or to imprisonment for a term not exceeding thirty days.

7545 (95). Penalty for officers soliciting political support.

No officer or agent of the city shall solicit, directly or indirectly, the political support of any contractor, municipal franchised corporation or railway company, or the officials or agents of such companies, for any municipal election or for any other election or primary election held in the city in pursuance of law. Nor shall any franchised corporation or railway company through its agents or officials, or by any other means, furnish or appropriate any money, directly or

indirectly, to promote the success or defeat of any person whomsoever, in any election or primary election held in such city, or to promote or prevent the appointment or confirmation of any appointive officer of such city. A violation of any of these provisions on the part of any officer or agent of the city shall be deemed malfeasance in office, and on conviction thereof such officer shall be removed from office by order of the court, and fined in any sum not to exceed five hundred dollars. A violation of any of these provisions, on the part of any franchised corporation through its officials or agents, upon conviction by any court of competent jurisdiction, shall subject such corporation to forfeiture of its franchise and the imposition of a fine of not exceeding five hundred dollars upon each and every officer or agent of such companies who shall have been proven guilty of such violation. If any officer or agent of the city shall make a demand for money or other consideration of a franchised corporation, or public contractor, or their agents, with a threat to introduce or support a measure or vote for any specific, or propose a resolution or ordinance, adverse to their interests, if such demand be not complied with, or if such officer or agent shall offer to prepare or introduce or support a resolution or ordinance favorable to such company or contractor for a valuable consideration such action shall be deemed a malfeasance in office and upon conviction thereof, such offender shall be fined in any sum not exceeding five inundred dollars, and such officer shall be removed from office by direction of the court.

7546 (96). Penalty for officer being interested in contracts.

Any officer of the city, or member of the city council or any employe, who shall by himself or agent, or as the agent or representative of any other person or corporation, become a party to, or in any way interested in any contract, or who shali in any manner be pecuniarily interested in, or receive any portion of the wages or pay, of any person or team, or furnish any material to be used in such work or under such contract, or who shall accept or receive any valuable consideration or promise for his influence or vote, shall be guilty of malfeasance in office and shall be fined in any sum not exceeding three hundred dollars or imprisonment in the county jail not exceeding six months, or both, in the discretion of the court.

7547 (97). City records open to the public.

All citizens of this state and other persons interested in the examination of the records kept by any officer of the city, are hereby fully empowered and authorized to examine the same free of charge during the hours the respective offices may be kept open for the ordinary transaction of business. The mayor and city council shall have power to require from any officer of the city at any time, a report in detail of the transactions in his office, or any matter connected therewith.

7548 (98). Officers report all receipts and expenditures.

It shall be the duty of the city treasurer, city clerk, comptroller, city engineer, city attorney, city prosecutor, police judge, board of fire and police commissioners, commissioners of health, board of park commissioners, and each and every other official, board or department of the city, and whether or not the same be herein specified, not including the members of the city council, to report to the mayor. and city council in writing annually on or before the first day of February, a full and detailed statement of all receipts and expenditures, funds, property, and of all acts, doings, transactions, employments and proceedings of theirs and each of said boards, departments, position or office for and during the preceding fiscal year. A monthly statement of all moneys and fees received by officers of

the city must be reported on the first day of each subsequent month to the comptroller in addition to the statement said officials are required to furnish the

treasurer.

7549 (99). Treasurer make annual report-Warrant register.

The treasurer shall report to the mayor and council annually, on the first Tuesday of February, a full and detailed account of all receipts and expenditures during the preceding fiscal year, and the state of the treasury, and a statement in detail of the indebtedness and financial condition of the city. He shall also keep a registry of all warrants redeemed and paid during the year, describing such warrants, their date, amount, the number, the fund from which paid and the persons to whom paid, specifying also the time of payment; and all warrants shall be examined by the finance committee of the city council at the time of making such annual report.

7550 (100). Comptroller publish financial statement.

The Comptroller shall prepare and cause to be published in pamphlet form, a statement of the receipts and expenditures of the City during the fiscal year commencing January first and terminating December thirty-first, annually. Such statement shall disclose the expenditures of each department and each board as compared with at least two prior years. The City Council shall order payment of the cost of such printing. Such statement must contain the names of each officer, agent, attorney or other employe of each department, and exhibit the salary or fees paid to each person and the total amount paid to each person during the year.

7551 (101). Bids for supplies.

During the month of December of each year, the mayor and city council shall prepare, or cause to be prepared, a list of all supplies required for each office and department or board for the ensuing year. Such list shall designate clearly the quantity and quality of the articles required, but shall not specify the particular product of any manufacturer. The city clerk shall advertise for bids on the articles in such list for at least three successive days, in the official newspaper. Such advertisement shall state, in substance, that at a certain stated regular meeting of the city council, bids will be received and opened for all such supplies, and it shall be sufficient in such advertisement to describe the articles in a general way and refer to such list as being on file in the office of the city clerk. Such bids shall be received at the first regular meeting of the city council held after such advertisement has been completed, and awards shall be made at the next regular meeting thereafter. Bidders shall not be required to bid on all items included in such estimate, nor upon all items in one class. The Council may accept the lowest and best bid on any item or items and may reject any and all bids. Provided. that other or additional supplies not exceeding the value of fifty dollars for any officer or board may be purchased on the request of the mayor and comptroller.

7552 (102). Advertise for supplies.

The foregoing list shall not include supplies for public improvements, street cleaning or repairs, or horses, hose, engines, vehicles or implements used by the Park Board, Fire Department or Police Department. A list of such supplies may be made and advertised for at any time upon request of the proper board or officer, but subject to all the foregoing provisions and restrictions as to the bids and bidders and the advertisements for bids. The foregoing list shall not include the books, documents or other papers or materials purchased by the library board.

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