Nebraska Statutes 14-509. Funds; obligation and expenditure; violations; liability of officers; actions to recover; duty of city attorney
(1) It shall be malfeasance in office for any officer of a city of the metropolitan class to:
Terms Used In Nebraska Statutes 14-509
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(a) Attempt to incur, to incur, to attempt to pay, or to pay any obligation prohibited by sections 14-501 to 14-508 ; or
(b) Attempt to transfer, to transfer, or to use any of the money or credits appropriated to a fund, to another fund or to other and different purposes and uses than for which such money or credits were appropriated.
(2) The creation or attempted creation of obligations not authorized by sections 14-101 to 14-2004 or prohibited by such sections shall render the members of the city council voting for such obligations liable to the city for the amount of the obligation so created or the amount of money or credits unlawfully diverted or used, and voting for such obligations shall be prima facie evidence of malfeasance in office.
(3) The city attorney shall enforce by suit in the courts of the state such liability against the delinquent officers and the sureties on their bonds. In the event of the refusal or failure of the city attorney to proceed as provided in this section, any taxpayer may demand in writing that the city attorney proceed as provided in this section, and on the city attorney’s failure so to do within thirty days of such demand, such taxpayer may commence the action provided for in this section on the part of the city attorney in the name of the taxpayer and prosecute such action to final judgment. The taxpayer shall, however, as a condition of the right to commence and prosecute such suit, give such security for costs as may be directed by the court.
Source
- Laws 1921, c. 116, art. IV, § 8, p. 472;
- C.S.1922, § 3632;
- C.S.1929, § 14-509;
- R.S.1943, § 14-509;
- Laws 2022, LB800, § 160.