Nebraska § 23-412 - Employee; discharged, suspended, demoted; appeal; hearing; order; effect.

§ 23-412. Employee; discharged, suspended, demoted; appeal; hearing; order; effect.

The commission shall, within two weeks after receipt of the notice of appeal, hold a public hearing thereon at which the employee shall be entitled to appear personally, be represented by counsel, cross-examine witnesses, and produce evidence. The commission shall have the authority to affirm, modify, or revoke the order appealed from, and the finding and the decision of the commission shall be certified to the department head who issued the order, and the finding and decision of the commission shall be binding on all parties concerned. In the event of an appeal to the commission, no order affecting an employee shall become permanent until the finding and decision of the commission shall be certified as provided in this section. Notwithstanding any other provision of the County Civil Service Commission Act, an employee affected by an order may request transfer to another department governed by the County Civil Service Commission Act with the consent of the commission and the department head of such other department.

A civil service commission acts in a judicial manner when deciding county employee appeals. Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (2017).

A civil service commission deciding county employee appeals under this section acts in an adjudicatory fashion akin to a trial court, holding an appeal hearing at which the employee shall be entitled to appear personally, be represented by counsel, cross-examine witnesses, and produce evidence. Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (2017).

A plain reading of the statutes which govern the appeal process from a county commission does not reveal an express or implied legislative intent to limit objections on appeal to those claims presented to the administrative tribunal. Although appeals through administrative channels are preferred and encouraged, procedural due process defenses should not be waived if timely raised in the first judicial tribunal to review the administrative action. Ashby v. Civil Serv. Comm. of Douglas County, 241 Neb. 988, 492 N.W.2d 849 (1992).