LB169 LB169
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 169
Introduced by Hunt, 8; Fredrickson, 20.
Read first time January 09, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to discrimination; to amend sections 18-1724,
2 23-2525, 23-2531, 23-2541, 29-401, 48-215, 48-628.13, 48-1101,
3 48-1104, 48-1105, 48-1106, 48-1107, 48-1111, 48-1113, 48-1115,
4 48-1117, 48-1119, 48-1122, 48-1124, and 49-801, Reissue Revised
5 Statutes of Nebraska; to prohibit discrimination based upon sexual
6 orientation and gender identity as prescribed; to define terms; to
7 harmonize provisions; and to repeal the original sections.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 18-1724, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 18-1724 Notwithstanding any other provision of law, all cities and
4 villages in this state shall have the power by ordinance to define,
5 regulate, suppress, and prevent discrimination on the basis of race,
6 color, creed, religion, ancestry, sex, marital status, national origin,
7 sexual orientation, gender identity, familial status as defined in
8 section 20-311, disability as defined in section 20-308.01, or age in
9 employment, public accommodation, and housing and may provide for the
10 enforcement of such ordinances by providing appropriate penalties for the
11 violation thereof. It shall not be an unlawful employment practice to
12 refuse employment based on a policy of not employing both spouses if such
13 policy is equally applied to both sexes.
14 Sec. 2. Section 23-2525, Reissue Revised Statutes of Nebraska, is
15 amended to read:
16 23-2525 The county personnel officer shall, with the assistance of
17 two advisory groups, one of classified employees and one of department
18 heads, prepare and submit to the personnel policy board proposed
19 personnel rules and regulations for the classified service. He or she
20 shall give reasonable notice thereof to the heads of all agencies,
21 departments, county employee associations, and institutions affected
22 thereby, and they shall be given an opportunity, upon request, to appear
23 before the board and present their views thereon. The personnel policy
24 board shall submit the rules and regulations for adoption or amendment
25 and adoption by resolution of the board of county commissioners.
26 Amendments thereto shall be made in the same manner. The rules and
27 regulations shall provide:
28 (1) For a single integrated classification plan covering all
29 positions in the county service except those expressly exempt from the
30 County Civil Service Act, which shall group all positions into defined
31 classes containing a descriptive class title and a code identifying each
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1 class, and which shall be based on similarity of duties performed and
2 responsibilities assumed, so that the same qualifications may reasonably
3 be required and the same schedule of pay may be equitably applied to all
4 positions in the same class. After the classification plan has been
5 approved by the personnel policy board, the county personnel officer
6 shall be responsible for the administration and maintenance of the plan
7 and for the allocation of each classified position. Any employee affected
8 by the allocation of a position to a class shall, upon request, be given
9 a reasonable opportunity to be heard thereon by the personnel policy
10 board who shall issue an advisory opinion to the personnel officer;
11 (2) For a compensation plan for all employees in the classified
12 service, comprising salary schedules, hours of work, premium payments,
13 special allowances, and fringe benefits, considering the amount of money
14 available, the prevailing rates of pay in government and private
15 employment, the cost of living, the level of each class of position in
16 the classification plan, and other relevant factors. Initial,
17 intervening, and maximum rates of pay for each class shall be established
18 to provide for steps in salary advancement without change of duty in
19 recognition of demonstrated quality and length of service. The
20 compensation plan and amendments thereto shall be adopted in the manner
21 prescribed for rules and regulations and shall in no way limit the
22 authority of the board of county commissioners relative to appropriations
23 for salary and wage expenditures;
24 (3) For open competitive examinations to test the relative fitness
25 of applicants for the respective positions. Competitive examination shall
26 not be required for transferred employees transferring from positions in
27 the state or a political subdivision to positions in the county pursuant
28 to a merger of services or transferred employees transferring from
29 positions in the state or a political subdivision to positions in the
30 county due to the assumption of functions of the state or a political
31 subdivision by the county. The rules and regulations shall provide for
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1 the public announcement of the holding of examinations and shall
2 authorize the personnel officer to prescribe examination procedures and
3 to place the names of successful candidates on eligible lists in
4 accordance with their respective ratings. Examinations may be assembled
5 or unassembled and may include various job-related examining techniques,
6 such as rating training and experience, written tests, oral interviews,
7 recognition of professional licensing, performance tests, investigations,
8 and any other measures of ability to perform the duties of the position.
9 Examinations shall be scored objectively and employment registers shall
10 be established in the order of final score. Certification of eligibility
11 for appointment to vacancies shall be in accordance with a formula which
12 limits selection by the hiring department from among the highest ranking
13 available and eligible candidates, but which also permits selective
14 certification under appropriate conditions as prescribed in the rules and
15 regulations;
16 (4) For promotions which shall give appropriate consideration to
17 examinations and to record of performance, seniority, and conduct.
18 Vacancies shall be filled by promotion whenever practicable and in the
19 best interest of the service, and preference may be given to employees
20 within the department in which the vacancy occurs;
21 (5) For the rejection of candidates who fail to comply with
22 reasonable requirements of the personnel officer in regard to such
23 factors as physical conditions, training, and experience or who have been
24 guilty of infamous or disgraceful conduct, who are addicted to alcohol or
25 narcotics, or who have attempted any deception or fraud in connection
26 with an examination;
27 (6) For prohibiting Prohibiting disqualification of any person from
28 taking an examination, from promotion, or from holding a position because
29 of race; , sex, unless it constitutes a bona fide occupational
30 qualification; , or national origin; , physical disabilities; , age; ,
31 sexual orientation; gender identity; political or religious opinions or
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1 affiliations; , or other factors which have no bearing upon the
2 individual's fitness to hold the position;
3 (7) For a period of probation not to exceed one year before
4 appointment or promotion may be made complete, and during which period a
5 probationer may be separated from his or her position without the right
6 of appeal or hearing except as provided in section 23-2531. After a
7 probationer has been separated, he or she may again be placed on the
8 eligible list at the discretion of the personnel officer. The rules shall
9 provide that a probationer shall be dropped from the payroll at the
10 expiration of his or her probationary period if, within ten days prior
11 thereto, the appointing authority has notified the personnel officer in
12 writing that the services of the employee have been unsatisfactory;
13 (8) When an employee has been promoted but fails to satisfactorily
14 perform the duties of the new position during the probationary period, he
15 or she shall be returned to a position comparable to that held
16 immediately prior to promotion at the current salary of such position;
17 (9) For temporary or seasonal appointments of limited terms of not
18 to exceed one year;
19 (10) For part-time appointment where the employee accrues benefits
20 of full-time employment on a basis proportional to the time worked;
21 (11) For emergency employment for not more than thirty days with or
22 without examination, with the consent of the county personnel officer and
23 department head;
24 (12) For provisional employment without competitive examination when
25 there is no appropriate eligible list available. No such provisional
26 employment shall continue longer than six months, nor shall successive
27 provisional appointments be allowed;
28 (13) For transfer from a position in one department to a similar
29 position in another department involving similar qualifications, duties,
30 responsibilities, and salary ranges;
31 (14) For the transfer of employees of the state or a political
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1 subdivision to the county pursuant to a merger of services or due to the
2 assumption of functions of the state or a political subdivision by the
3 county;
4 (15) For layoff by reason of lack of funds or work or abolition of
5 the position, or material change in duties or organization, for the
6 layoff of nontenured employees first, and for reemployment of permanent
7 employees so laid off, giving consideration in both layoff and
8 reemployment to performance record and seniority in service;
9 (16) For establishment of a plan for resolving employee grievances
10 and complaints;
11 (17) For hours of work, holidays, and attendance regulations in the
12 various classes of positions in the classified service, and for annual,
13 sick, and special leaves of absence, with or without pay, or at reduced
14 pay;
15 (18) For the development of employee morale, safety, and training
16 programs;
17 (19) For a procedure whereby an appointing authority may suspend,
18 reduce, demote, or dismiss an employee for misconduct, inefficiency,
19 incompetence, insubordination, malfeasance, or other unfitness to render
20 effective service and for the investigation and public hearing of appeals
21 of such suspended, reduced, demoted, or dismissed employee;
22 (20) For granting of leave without pay to a permanent employee to
23 accept a position in the unclassified service, and for his or her return
24 to a position comparable to that formerly held in the classified service
25 at the conclusion of such service;
26 (21) For regulation covering political activity of employees in the
27 classified service; and
28 (22) For other regulations not inconsistent with the County Civil
29 Service Act and which may be necessary for its effective implementation.
30 Sec. 3. Section 23-2531, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 23-2531 (1) Discrimination against any person in recruitment,
2 examination, appointment, training, promotion, retention, discipline, or
3 any other aspect of personnel administration because of political or
4 religious opinions or affiliations or because of race, national origin,
5 sexual orientation, gender identity, or other nonmerit factors shall be
6 prohibited. Discrimination on the basis of age or sex or physical
7 disability shall be prohibited unless specific age, sex, or physical
8 requirements constitute a bona fide occupational qualification necessary
9 to proper and efficient administration. The rules and regulations shall
10 provide for appeals in cases of alleged discrimination to the personnel
11 policy board whose determination shall be binding upon a finding of
12 discrimination.
13 (2) No person shall make any false statement, certificate, mark,
14 rating, or report with regard to any test, certification, or appointment
15 made under the County Civil Service Act or in any manner commit or
16 attempt to commit any fraud preventing the impartial execution of the act
17 and the rules and regulations promulgated pursuant to the act.
18 (3) No person shall, directly or indirectly, give, render, pay,
19 offer, solicit, or accept any money, service, or other valuable
20 consideration for or on account of any appointment, proposed appointment,
21 promotion, or proposed promotion to, or any advantage in, a position in
22 the classified service.
23 (4) No employee of the personnel office, examiner, or other person
24 shall defeat, deceive, or obstruct any person in his or her right to
25 examination, eligibility, certification, or appointment under the act, or
26 furnish to any person any special or secret information for the purpose
27 of affecting the rights or prospects of any persons with respect to
28 employment in the classified service.
29 Sec. 4. Section 23-2541, Reissue Revised Statutes of Nebraska, is
30 amended to read:
31 23-2541 The personnel policy board, if created, shall, with the
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1 assistance of two advisory groups, one of classified employees and one of
2 department heads, adopt proposed personnel rules and regulations for the
3 classified service and provide reasonable notice of proposed rules and
4 regulations to the heads of all agencies, departments, county employee
5 associations, and institutions affected thereby. Any person affected by
6 such rules and regulations shall be given an opportunity, upon request,
7 to appear before the personnel policy board and present his or her views
8 on the rules and regulations. The personnel policy board shall submit
9 proposed rules and regulations or amendments for adoption by the county
10 board. The county board may consider and adopt only personnel rules and
11 regulations or amendments proposed by the personnel policy board and may
12 not repeal or revoke a rule or regulation except upon the recommendation
13 of the personnel policy board.
14 The rules and regulations or amendments may provide:
15 (1) For a single integrated classification plan covering all
16 positions in the county service except those expressly exempt from
17 sections 23-2534 to 23-2544, which shall (a) group all positions into
18 defined classes containing a descriptive class title and a code
19 identifying each class and (b) be based on similarity of duties performed
20 and responsibilities assumed, so that the same qualifications may
21 reasonably be required and the same schedule of pay may be equitably
22 applied to all positions in the same class. After the classification plan
23 has been approved by the personnel poli