An ordinance of the City of Alliance, Nebraska adding Alliance municipal code section 2-53 requiring that City Council members use their city issued email addresses when communicating with one another; adding Alliance municipal code Section 2-54 defining City Council misconduct and providing for a process for investigating and determining whether misconduct has occurred and the consequences of such misconduct; repealing existing provisions of the City Code not consistent with this ordinance; and providing for an effective date.
Be it ordained by the mayor and city council of the city of Alliance, Nebraska:
SECTION 1. Section 2-53 of the Alliance Municipal Code is added as follows:
2-53-Use of Email by Council Members and City Employees.
City council members will be issued an email address with the City of Alliance domain name. City council members shall use their city issued email addresses when communicating with one another via email or when otherwise conducting city business via email, unless exceptional circumstances make such use impractical.
SECTION 2. Section 2-54 of the Alliance Municipal Code is added as follows:
2-54-City Council Member Official Misconduct.
Purpose. The citizens of the City of Alliance are entitled to have a fair, ethical, and accountable local government. The purpose of this ordinance is to ensure that council members act appropriately and to establish a process to determine whether a council member has committed official misconduct.
Official Misconduct. Council members shall not commit official misconduct which includes:
(1) Personal attacks or verbal abuse against a City official or employee.
(2) Improper use or disclosure of (i) confidential information, (ii) information that is not intended to be publicly disclosed and not subject to public disclosure by law, or (iii) information discussed or disseminated in a properly called closed session of the City Council.
(3) Making false statements on which the City Council may rely on when establishing an ordinance, passing a resolution, setting the budget, or otherwise establishing policy.
(4) Publicly or privately giving orders to subordinates of the City Manager.
(5) Violation of the Nebraska Political Accountability and Disclosure Act.
(6) Any other violation of City Ordinance, Nebraska law, or Federal law.
Complaints. Any council member may make a complaint to the City Attorney if such council member believes another council member has engaged in official misconduct. The complaint must be in writing, dated, and include:
The name of the complaining council member;
The name of the council member alleged to have engaged in official misconduct;
The specific facts and circumstances alleged to constitute official misconduct, including any documentation or evidence;
A statement that the complaining council member swears and affirms, under penalty of perjury, that to the best of the complaining council member’s knowledge, all statements in the complaint are true; and
The notarized signature of the complaining council member.
Investigation. Upon receipt of the complaint, the City Attorney shall forward the complaint to the City Council. At the next possible City Council meeting, the City Council may (1) direct the City Attorney to investigate the allegations in the complaint and provide their findings to the City Council;(2) if the City Attorney does not feel it is appropriate for the City Attorney to be involved in the investigation, appoint, at the expense of the City, special counsel to investigate the allegations in the complaint and provide their findings to the City Attorney and City Council; or (3) dismiss the complaint without an investigation.
Initial Action. If an investigation is ordered, then, within 30 days after receiving the findings, any council member may request that the matter be placed on the agenda at the next possible City Council meeting. At such City Council meeting, the City Council may:
Dismiss the complaint or
Set the complaint for an evidentiary hearing within 30 days.
Evidentiary Hearing. Notice of the evidentiary hearing must be given to all council members at least 10 days prior to the hearing. At the evidentiary hearing, the City Attorney or special counsel appointed to investigate shall present the evidence obtained during the investigation to the City Council. At least 7 days prior to the hearing, the City Attorney or special counsel appointed to investigate shall disclose to the accused council member (1) the names and anticipated testimony of each person the City Attorney or special counsel may call to testify at the hearing and (2) a copy of all documents that the City Attorney or special counsel may use at the hearing, except for witnesses and documents solely used for rebuttal purposes. The accused council member may cross examine any witnesses and provide any of its own evidence at the hearing. The accused City Council member may be represented by an attorney at the hearing. If the City Attorney has investigated the complaint according to subsection (d) above, then special counsel shall be hired to represent the City Council at the hearing. The strict rules of evidence shall not apply to the hearing.
Final Action. Within 30 days after the evidentiary hearing, the City Council may either dismiss the complaint or find that the accused council member has engaged in official misconduct. If the City Council finds that the accused council member has engaged in official misconduct then the City Council may:
Take no further action;
Provide a written warning to the council member;
Censure the council member; or
Remove the council member from office.
The City Council may only remove a council member from office if the official misconduct was found to be repeated, habitual, or persistent and either willful or a result of gross negligence. Any action to remove a council member from office shall require the unanimous vote of the other council members.
Any action according to subsections 2 through 4 above must be made within 30 day after the hearing. An accused council member may resign from office at any time prior to the City Council taking action according to this subsection, in which case the complaint shall be deemed moot and the City Council shall take no further action on the complaint.
SECTION 3. All ordinances, parts of ordinances, resolutions, and policies of the City of Alliance in conflict with this ordinance are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and after its approval, passage, and publication according to law.
PASSED and APPROVED on June 17th day of June, 2025.
/s/: John McGhehey, Mayor
Attest: Shelbi C. Pitt, City Clerk
Publish 06/25/2025
ZNEZ