Nebraska § 14-704 - Fire department; officers; removal; causes; procedure.

§ 14-704. Fire department; officers; removal; causes; procedure.

(1) All members or appointees of the fire department of a city of the metropolitan class shall be subject to removal by the city council under such rules and regulations as may be adopted, and whenever the city council shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of the fire department.

(2) No member or officer of the fire department shall be discharged for political reasons, nor shall a person be employed by such department for political reasons.

(3) Before a firefighter can be discharged, charges must be filed against such firefighter before the city council and a hearing had on such charges, and an opportunity given such firefighter to defend against such charges, but this provision shall not be construed to prevent peremptory suspension of such member by such member's superiors in case of misconduct or neglect of duty or disobedience to orders. Whenever any such suspension is made, charges shall be at once filed before the city council by the person ordering such suspension, and a trial had on such charges.

(4) The city council shall have the power to enforce the attendance of witnesses and the production of books and papers, and to administer oaths to such witnesses in the same manner and with like effect and under the same penalties as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the State of Nebraska. The city council shall have such other powers and perform such other duties as may be authorized or defined by ordinance.

Dismissal is necessary when the employee lacks the qualifications of the position, fails in the performance of his duties, or has been shown to be an unfit or improper person to hold the position. Lewis v. City of Omaha, 153 Neb. 11, 43 N.W.2d 419 (1950).

This section makes members of fire department subject to removal by city council under conditions specified herein. State ex rel. Sutton v. Towl, 127 Neb. 848, 257 N.W. 263 (1934).

Members of police or fire department may be discharged on economic grounds without notice of hearing. State ex rel. Gieseke v. Moores, 63 Neb. 301, 88 N.W. 490 (1901); Moores v. State ex rel. Shoop, 54 Neb. 486, 74 N.W. 823 (1898).

Passage of resolution abolishing office and notification of incumbent that his services were no longer needed is sufficient to constitute discharge of officer. Moores v. State ex rel. Cox, 4 Neb. Unof. 235, 93 N.W. 986 (1903).