Job postings must be filed with the State Department of Personnel Jobs Website. Hiring Personnel may also post job openings in other local publications with the same language used in the State Posting. Notices placed in newspapers or publications that involve costs to the Supreme Court require prior approval from the Administrative Office. Positions shall be advertised for a minimum of 6 workdays.

   Applications shall only be accepted when a vacancy occurs.

   With prior approval, the Supreme Court may reimburse up to three applicants per position/vacancy for travel, meals, and lodging expenses incurred in traveling to and from the prospective job site/interview site.  The same policies as established for employee travel shall apply when determining the amounts to be reimbursed, and requests for reimbursement shall require the same documentation.

Amended 9-27-05; amended 7-9-15

   Veterans and spouses of veterans determined eligible in accordance with Sec. 48-227(4) of the Nebraska Revised Statutes shall be given preference in hiring (Veteran's Preference).

   Veterans who obtain passing scores on all parts or phases of a hiring examination or numerical scoring tool shall have five percent added to their passing score if a claim for such preference is made on the application. An additional five percent shall be added to the passing score or numerical scoring of any disabled veteran. When no examination or numerical scoring is used, the preference shall be given to the qualifying veteran if two or more equally qualified candidates are being considered for the position. A veteran desiring to use a veterans preference shall provide the hiring authority with a copy of the veteran's Department of Defense Form 214, also known as the DD Form 214. A spouse of a veteran desiring to use a veterans preference shall provide the hiring authority with a copy of the veteran's Department of Defense Form 214, a copy of the veteran's disability verification from the United States Department of Veterans Affairs demonstrating a one hundred percent permanent disability rating, and proof of marriage to the veteran. Any marriage claimed for a veterans preference must be valid under Nebraska law. Within thirty days after filling a position, veterans who have applied and are not hired shall be notified that they have not been hired. Such notice also shall advise the veteran of any administrative appeal available.

Adopted 7-16-03; amended 7-9-15.

   In accordance with procedures approved by the Nebraska Supreme Court, a criminal background check will be conducted after a conditional offer of employment is extended, with continued employment contingent upon a satisfactory result of the background check. The employee shall be required to sign a statement of understanding regarding the criminal background check and conditional job offer.

Adopted 7-16-03; amended 7-9-15.

   Full-time employees shall work, at a minimum, 40 hours per week on an ongoing, continuous basis. Employees who do not log 40 hours each week, either in time-worked or authorized leave, are not full-time employees. Full-time employees earn all benefits.

Amended 7-9-15.

   Part-time employees work fewer hours than full-time employees on an ongoing, continuous basis. Work schedules may fluctuate by week, month, or season. FTE status will be computed based on average hours-worked over a six-month period. Only part-time employees working 50 percent or more of the FTE are eligible for insurance benefits.

Amended 7-9-15.

   Temporary employment may be full-time or part-time. Temporary employees shall be hired for a period of time not to exceed 1 year.

   Temporary employment shall not count toward service date or original provisional period.

   Temporary employees may be separated at any time without 2 weeks' notice. The notice of separation must be in writing and shall specify the date of separation.

   Temporary employees shall not receive benefits except the following types of paid leave: civil leave and military training or emergency duty leave.

   Temporary employees have no grievance rights. 

   Employment of persons on a temporary basis can be undertaken upon the recommendation of the appropriate supervisor and the approval of the Administrative Office. The recommendation shall contain the reasons for employment and the expected duration of employment. If offices have temporary help who are paid on an hourly basis, time cards shall be submitted in compliance with the schedule that has been set by the Administrative Office.

Amended 7-9-15.

   For the purpose of training, and with the approval of the Administrative Office, supervisors may hire a qualified applicant for a period not to exceed 30 calendar days to understudy an incumbent vacating a position. Service in a replacement status shall be included as a part of the original provisional period for the position occupied.

   When a position's duties have significantly changed, the Administrative Office, an employee's supervisor, or a manager who is higher in the reporting chain, may initiate a reclassification request to be submitted for administrative review. The employee's supervisor shall complete a position description questionnaire (PDQ) to be reviewed and commented upon by local management, submitted to Personnel for review and necessary investigation, and then to the Court or Probation Administrator for approval. Reclassifications may not be requested more frequently than once a year. It is a supervisor's responsibility to monitor changes in duties and/or responsibilities to maintain appropriate classification assignments.

   Any reclassification to a higher salary grade shall result in a salary increase to the minimum permanent rate of the new job classification or 5% above the employee's current salary, whichever is greater. Any reclassification to a lower salary grade may result in a salary decrease of 5% for each salary grade, with no greater than a 20% decrease, unless the rate is more than the maximum rate of the new classification.

Amended 7-16-03; amended 7-9-15; amended 10-12-16; amended 5-10-17.

    When a proposed new position does not fit within existing job classifications, a supervisor may submit a request for a new job classification, accompanied by a Position Description Questionnaire (PDQ), to Personnel. New classifications will be created and submitted for review by the Court Administrator and Probation Administrator, followed by Supreme Court approval.

Amended 7-9-15.

   New employees will usually begin at the Hiring Rate of the salary grade for their job classification. If the individual possesses outstanding qualifications in terms of education, related experience, or bilingual skills, that individual may be started at an increased rate not to exceed the Mid-point of the salary grade. If the starting salary is above the Hiring Rate, the employee will not be eligible for a provisional salary increase and shall be so informed in writing. Any starting salary other than the Hiring Rate of the applicable grade requires the approval of the State Court Administrator or State Probation Administrator based upon the written recommendation of the supervisor. Written recommendations for an increased hiring rate must include the reasons why the applicant should be paid more than the Hiring Rate.

Amended 3-28-07; amended 7-2-14; amended 7-9-15.

(1) Increased Hire Rate for New Employee:

   The State Court Administrator or the State Probation Administrator, upon written justification from the hiring supervisor, may approve an increased hiring rate of 2-5% for a bilingual employee who will use bilingual skills, on average, at least five hours per week, and who has demonstrated bilingual skills of at least an "adequate" level through the Judicial Branch testing process. The need for a bilingual employee and the language skill level demonstrated by testing will be factors in determining the amount of the increased hiring rate. A bilingual employee is expected to perform all duties of the job for which he or she is hired. The supervisor should, as needed, adjust the bilingual employee's workload based on the time the employee may be taken away from his or her duties to assist non-English speaking customers.

(2) Increased Pay Rate for Existing Employee:

   The State Court Administrator or the State Probation Administrator, upon written justification from a supervisor, may approve a pay increase of 2-5% for an existing employee who was not offered a premium bilingual hiring rate upon original hire, and who will use bilingual skills, on average, at least five hours per week, and has demonstrated bilingual skills of at least an "adequate" level through the Judicial Branch testing process. The need for a bilingual employee and the language skill level demonstrated by testing will be factors in determining the amount of the pay increase. The bilingual employee is expected to perform all duties of the job for which he or she is hired. The supervisor should, as needed, adjust the bilingual employee's workload based on the time the employee may be taken away from his or her duties to assist non-English speaking customers.

    Bilingual employees shall not serve as courtroom interpreters.

                                                                                                                        Approved 3-28-07; amended 7-9-15.

   If separated in good standing, a former employee returning to work in the same position within the Supreme Court Personnel System may be rehired at the same rate the employee was receiving when he/she left employment with the Court, except that the rate must not be less than the hiring rate or higher than the Maximum Rate of the current salary grade.

Approved 7-16-03; amended 7-9-15.

   Unless notifed of an extension or separation in writing due to unsatisfactory performance, upon completion of the original provisional period, new employees paid less than the Minimum Permanent Rate of their salary grade will be given a salary increase to the Minimum Permanent Rate of that grade. Employees hired at a salary greater than the Minimum Permanent Rate of their salary grade will not receive a salary increase upon completion of the provisional period. Employees shall be informed of this information in writing when they are hired.

Amended 7-2-14; amended 7-9-15.

   The Supreme Court may authorize a general alteration in the salary schedule based upon appropriations made available. When such an "across the board" adjustment is authorized, all employees subject to the salary schedule shall receive an alteration in salary in the amount authorized.

   The Supreme Court may authorize specific alterations of job classifications to reflect labor market conditions, based upon salary survey information. When any such alteration is authorized, all employees subject to that job classification shall receive an alteration in salary of the amount authorized on the effective date of the alteration.

   Employees shall not receive a longevity increase unless they were already receiving such an increase at the time of this rule amendment.

Amended 7-9-15.

(1) Promotions

   Employees who are promoted to a higher salary grade shall be placed at the minimum permanent salary rate of the new job classification or shall receive a 5% increase, whichever is greater. If the employee being promoted possesses outstanding qualifications in terms of education or related experience, the hiring authority may request additional compensation, not to exceed 20% total, to be approved by the Court Administrator or Probation Administrator. Employees who are promoted shall not be paid above the maximum rate of the new salary grade.

(2) Demotions

   Employees requesting voluntary transfers downward shall have their salaries reduced by 5% per salary grade demoted, not to exceed 20% unless the salary is more than the maximum rate of the new salary grade.

   Disciplinary demotions require at least a 5% reduction per salary grade or the employee's salary may be reduced to the minimum permanent rate at the supervisor's recommendation, with approval by the Court or Probation Administrator. (See Forms of Discipline.)

Amended 6-9-04; amended 7-2-14; amended 7-9-15; amended 2-4-16; amended 5-10-17.

   All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part-time employees (working under 40 hours weekly). Rates of pay for part-time employees, excluding clerk magistrates and temporary employees shall be calculated on an hourly rate of the applicable salary grade monthly rate.

   Part-time clerk magistrates shall be paid a monthly salary proportionate to that which would be paid under full-time employment. Temporary employees shall be paid at the hiring rate of the applicable salary grade.

Amended 7-16-03; amended 7-9-15.

   New employees will usually begin at the Hiring Rate of the salary grade for their job classification. If the individual possesses outstanding qualifications in terms of education, related experience or bilingual skills, the hiring supervisor may request the individual be started at an increased hiring rate not to exceed the Mid-point of the salary range. If the starting salary is above the Hiring Rate, the employee will not be eligible for a provisional salary increase and shall be so informed in writing. Any starting salary other than the Hiring Rate of the applicable grade requires the approval of the State Court Administrator or State Probation Administrator based upon the written recommendation of the supervisor. Written recommendations for an increased hiring rate must include the reasons why the applicant should be paid more than the hiring rate.

Amended 6-27-07; amended 7-9-15.

   Upon completion of the original provisional period, unless notified of an extension or separation in writing, employees paid less than Minimum Permanent of their salary grade must be given a salary increase to Minimum Permanent of that grade. Employees hired at a salary equal to or greater than Minimum Permanent of their salary grade will not receive a salary increase upon completion of the provisional period. Employees shall be informed of this information in writing when they are hired.

Amended 6-27-07; amended 7-9-15.

   The Supreme Court may authorize a general alteration in the salary schedule based upon appropriations made available. When such an "across the board" adjustment is authorized, all employees subject to the salary schedule shall receive an alteration in salary in the amount authorized.

   The Supreme Court may authorize specific alterations of salary grades to reflect labor market conditions, based upon salary survey information. When any such alteration is authorized, all employees subject to that salary grade shall receive an alteration in salary of the amount authorized on the effective date of the alteration.

Amended 7-9-15.

   A supervisor may request an in-grade salary adjustment for an employee in exceptional circumstances. Requests shall be reviewed by Personnel Management before being submitted for approval by both the Court Administrator and Probation Administrator.

   In-grade adjustments shall not be treated like merit increases. Reasons for such requests may include the following:

   1. Internal pay equity within the Judicial Branch for similar jobs with disparity in pay.

   2. If hiring above minimum permanent due to superior qualifications causes inequity for current, equally qualified staff.

   3. If a single position within a class has unique responsibilities/skill requirements which significantly distinguish it from others in the class but are not sufficient to warrant reclassification.

   The reasons for and anticipated consequences of such requests shall be explained in detail and documented. The decision of the Court Administrator and Probation Administrator is final and is not appealable by the supervisor or the employee.

Amended 7-9-15.

(1) Promotions

   Employees who are promoted to a higher salary grade shall be placed at the minimum permanent salary rate of the new job classification or shall receive a 5% increase, whichever is greater. If the employee being promoted possesses outstanding qualifications in terms of education or related experience, the hiring authority may request additional compensation, not to exceed 20% total, to be approved by the Court Administrator or Probation Administrator. Employees who are promoted shall not be paid above the maximum rate of the new salary grade.

(2) Demotions

   Employees requesting voluntary transfers downward shall have their salaries reduced by 5% per salary grade demoted, not to exceed 20% unless the salary is more than the maximum rate of the new salary grade.

   Disciplinary demotions require at least a 5 percent reduction per salary grade or the employee's salary may be reduced to the minimum permanent rate at the supervisor's recommendation, with approval by the Court or Probation Administrator. (See Forms of Discipline.)

Amended 6-27-07; amended 7-9-15; amended 2-4-16; amended 5-10-17.

   All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part-time employees (working under 40 hours weekly). Rates of pay for part-time employees and temporary employees shall be calculated on an hourly rate of the applicable salary grade monthly rate. Temporary employees shall be paid at the hiring rate of the applicable salary grade.

Amended 7-9-15.

   The Administrative Office shall determine, in compliance with Fair Labor Standards Act (FLSA) requirements, the exempt or nonexempt status of all employees for overtime purposes. The status will be indicated on each job classification description.

   (1) Exempt--Employees exempt from overtime include those who meet the FLSA definitions of professional, administrative, computer professional, supervisory, or executive.

   (2) Nonexempt--All nonexempt employees must be compensated with compensatory time equal to one and one-half times the hours worked above 40 in a workweek, unless approved for overtime pay by the Administrative Office.

Amended 7-9-15.

   Overtime is considered time in excess of the 40-hour workweek. Leave time (vacation, sick, etc.) shall not be considered as hours worked. Holidays shall be considered as hours worked. Overtime in the Nebraska Judicial Branch shall be held to a minimum, to the extent practicable. A nonexempt employee's schedule should be flexed within the Friday to Friday workweek in order to avoid working over 40 hours. For example, an employee working 2 extra hours on Wednesday may be directed to take 2 hours off on Thursday.

   Requests for overtime must have approval from the supervisor prior to the work, unless it is not possible or practical to obtain prior approval, in which case the local manager or his/her designee may approve the overtime in writing as soon as possible subsequent to the time the work was performed.

   Nonexempt employees (including part-time employees) working more than 40 hours in one workweek shall receive overtime compensation in the form of compensatory time, granted at one and one-half hours for time worked above 40 hours. Accumulated compensatory time shall be used within 6 months.

   In certain situations, Judicial Branch employees may be required to serve on-call after normal business hours off-premise. This is not considered work time if the employee is not engaged in work. Work required to be performed (answering a phone call, responding to an email, reporting to a work site, etc.) during on-call time is considered hours worked and eligible for overtime. For Judicial Branch employees required to be on-call with a workload that prevents flexing of one's schedule (juvenile probation intake or public guardian/conservator statutory responsibilities), overtime compensation may be in the form of overtime pay or compensatory time. The employee must indicate his/her choice of overtime compensation on the timesheet or on a required overtime approval form for the pay period during which the overtime was worked; the first overtime designation made during a pay period applies to the entire pay period. During times of budgetary constraint, overtime pay may be suspended and revert to compensatory time. If this occurs, employees shall be provided a 2-week notice, at a minimum.

   It is the responsibility of the supervisor to monitor overtime for an employee. A record of all overtime shall be included on time sheets required by the Administrative Office. Overtime shall be counted in 15-minute increments, with a 7-minute rule applied to rounding. The cutoff point for rounding down is 7 full minutes. If the employee works for 7 full minutes, but less than 8 minutes, time is rounded down. If the employee works at least 8 full minutes, time is rounded up.

   Upon proper authorization, an employee may accumulate up to 240 hours of compensatory time, although Judicial Branch management shall require employees to utilize compensatory time well before reaching this threshold, as directed by either the Court Administrator or the Probation Administrator. Compensatory time earned above 240 hours shall be paid.

   Payment for accrued compensatory time upon termination of employment or upon the direction of the Administrative Office shall be calculated at the average regular rate of pay for the final 3 years of employment, or the final regular rate received by the employee, whichever is greater.

   Any exception to this policy requires a written request from the supervisor to either the Court Administrator or the Probation Administrator.

Amended 7-16-03; amended 7-9-15; amended 6-20-2018.

   Travel time of non-exempt employees required to attend a meeting, conference, seminar, training course, etc., is considered compensable time. A non-exempt employee traveling for one day (not overnight) shall be paid for all travel time.  This travel time is counted when computing hours worked for overtime purposes. 

Adopted 7-16-03; amended 7-9-15.

   Telecommuting is a mechanism for facilitating the fulfillment of Judicial Branch organizational goals. Telecommuting allows an employee to work from his or her residence or other approved location outside of the employee’s regular Judicial Branch office. Telecommuting shall not be used solely as an accommodation for the employee, or a substitute for using official leave.

   Telecommuting may be permitted under the following circumstances: (1) occasional/situational circumstances at the discretion of the supervisor with guidance from the Administrative Office of the Courts and Probation; (2) emergency situations where there is a national, state, or locally declared state of emergency or dangerous weather conditions exist prompting an office closure; (3) on a regularly scheduled basis with guidance and approval from the Administrative Office of the Courts and Probation.

   For regularly scheduled telecommuting, or an emergency situation that is expected to last for more than 1 week, the supervisor and the employee shall submit a request to telecommute to the Administrative Office of the Courts and Probation for approval and execute a telecommuting or emergency telecommuting agreement. All telecommuting requests and agreements submitted must be prepared and approved by local management, in collaboration with the employee and with final approval by the Administrative Office of the Courts and Probation.

   Telecommuting is not a right for any employee, is not available to all employees or positions, may be time-limited, is reviewed at least annually, and may be withdrawn at any time by the supervisor and/or the Administrative Office of the Courts and Probation. Failure to follow the telecommuting agreement may be grounds for discipline and/or revocation of the agreement. Decisions withdrawing telecommuting agreements or denying requests to telecommute are nongrievable.

Approved June 24, 2020.

   The following is a list of court holidays as stated in Neb. Rev. Stat. § 25-2221:

       •    New Year's Day (January 1)

       •    Martin Luther King, Jr. Day (Third Monday in January)

       •    President's Day (Third Monday in February)

       •    Arbor Day (Last Friday in April)

       •    Memorial Day (Last Monday in May)

       •    Independence Day (July 4)

       •    Labor Day (First Monday in September)

       •    Columbus Day (Second Monday in October)

       •    Veterans Day (November 11)

       •    Thanksgiving Day (Fourth Thursday in November)

       •    Day After Thanksgiving (Friday following Thanksgiving)

       •    Christmas Day (December 25)

   If such holiday falls on a Sunday, the following Monday shall be a holiday. If such holiday falls on a Saturday, the preceding Friday shall be a holiday. Other holidays declared by law or proclamation of the Governor are considered court holidays.

   Many courthouses will be closed on occasional local holidays as well as court holidays. When the courthouse is closed for local holidays, the court and probation office must remain open and adequately staffed for emergency services and to meet filing deadlines.

   Permanent part-time employees shall be eligible for paid holidays on a pro rata basis, if the holiday falls on a day the employee would normally have been scheduled to work, and the pay the employee receives shall be for the number of hours the employee would have been scheduled to work. Full-time employees shall receive holiday leave equal to one-fifth of their normally scheduled workweek for each paid holiday.

   Temporary employees, whether full time or part time, shall not be eligible for paid holidays, and, if required to work on a holiday, shall be paid for the time worked at their normal rate of pay.

   If a holiday occurs while an employee is on workers' compensation or other disability compensation, no credit for the holiday shall be allowed.

   In order to receive pay for an observed holiday, an employee must be in a paid status on the workday immediately preceding and immediately following the holiday.

   If an employee combines vacation leave with an observed holiday, no deduction from the vacation leave shall be made for that holiday. Likewise, if a holiday falls within a period of an approved sick leave, no deduction shall be made from the employee's accumulated sick leave.

Amended 5-23-07; amended 7-9-15; amended 2-4-16.

   Full-time employees shall earn vacation leave with pay at the following rates:

   Permanent part-time employees shall be entitled to vacation leave proportionate to that which would be granted under full-time employment. Temporary employees shall not be eligible for vacation time.

   The amount of leave earned by each employee is based on the employee's years of continuous employment. For example, during the ninth year of continuous employment, vacation leave is earned at the rate of 1.5 days per month and an employee is eligible to use the earned vacation time in addition to any accumulated time based on the previous year's service. Vacation leave is earned during each pay period and credited to the employee at the end of that pay period. For example, leave earned in October is available to use on the first of November.

   Leave that is used is deducted from the employee's accumulated leave one pay period after it is used. It is the responsibility of each employee to monitor the amount of vacation leave available for use. If an employee takes vacation leave before it is earned it will result in the reduction of the employee's wages and possible disciplinary action. Vacation leave must be applied for in advance by the employee and may be used only when approved by the supervisor. However, prior approval is not required when the employee is required to use vacation leave as sick leave or chooses to use vacation leave instead of going on unpaid family/medical leave. Supervisors can only approve vacation leave after it has been earned, unless advanced with the approval of the State Court Administrator or State Probation Administrator, up to a maximum of 40 hours. Vacation leave shall be designated so as not to interfere with the efficient operation of the Nebraska Court System. Vacation leave need not be taken all at one time during the year. All employees must be given the opportunity to take their vacation leave before it expires.

   An employee who has terminated employment with the state for any reason other than disciplinary or retirement and who returns to state employment with the Nebraska Court System within 5 years from the date of termination shall have service for vacation leave entitlement computed by combining prior continuous service with current continuous service, disregarding the period of absence.  An employee who transfers to the Nebraska Court System from another state agency will continue to earn vacation leave at the same rate as the employee did with the former agency. No more than 40 hours of accumulated vacation leave may be transferred to the Nebraska Court System with approval from the administrative office. The employee must arrange payment for accumulated vacation leave above 40 hours with the former agency.

 Each employee, upon retirement, dismissal, or voluntary separation from Nebraska Court System employment, shall be paid for unused accumulated vacation leave. Upon the death of the employee, the employee's beneficiary shall be paid for all unused accumulated vacation leave. 

   Vacation leave shall not be earned during a leave of absence or while the employee is removed from the payroll for any reason.

   Each employee's vacation leave account shall be balanced as of the closing date of the last pay period of each calendar year. Vacation leave in excess of 35 days shall be forfeited.  In special and meritorious cases, when it would cause hardship for any employee to take earned vacation leave before December 31, excess carryover leave may be approved by the Administrative Office. In these cases, the hours carried over shall be used within the next 6 months. In no case shall carryover vacation continue from year to year.

   Some employees of the offices of the Supreme Court (staff of the Clerk and Library who were hired before 1980), some probation employees (who either joined the Nebraska Court System in July 1985 or July 1986), and some county court employees (who joined the Nebraska Court System in July of 1985 as a result of legislation merging the municipal and county courts) shall continue on the same leave schedules they were on prior to their becoming employees of the Nebraska Court System.

Amended 7-9-15.

   Full-time employees earn sick leave at the following rates: 

   Permanent part-time employees shall earn sick leave in an amount proportionate to that which would have been earned under full-time employment. Temporary employees shall not be eligible for sick leave.

   Sick leave is defined to mean a period during which the employee is unable to perform his or her duties because of sickness, disability, or injury not arising from the course of employment; or for medical, psychological, surgical, dental, or optical examination or treatment; or when, by reason of the employee's exposure to a contagious disease, the employee's presence at his or her post would jeopardize the health of others.

   Sick leave for immediate family is defined to mean a period during which the employee's presence is required to provide medically-related care for a member of the employee's immediate family because of sickness, disability, or injury; or for medical, psychological, surgical, dental, or optical examination or treatment. The immediate family shall be considered as spouse, children, and parents. At the State Court Administrator or State Probation Administrator's discretion, the definition of immediate family may be broadened to include other individuals with a like relationship to the employee as that of an immediate family member. Employees must use vacation time for care of family members when their presence is helpful, but not essential, if approved by the supervisor.

   The amount of leave earned by each employee is based on the employee’s years of continuous employment. For example, during the ninth year of continuous employment, sick leave is earned at the rate of 1.67 days per month and an employee is eligible to use the earned sick leave in addition to any accumulated time based on the previous year’s service. Sick leave is earned during each pay period and credited to the employee at the end of that pay period. For example, leave earned in October is available to use on the first of November.

   Leave that is used is deducted from the employee’s accumulated leave one pay period after it is used. For example, any leave used in November will be recorded as leave used on the December 31 paycheck information. It is the responsibility of each employee to monitor the amount of sick leave available for use. Sick leave shall not be used as vacation leave. Sick leave cannot be taken in advance, unless approved by the State Court Administrator or State Probation Administrator, up to a maximum of 40 hours.

   Sick leave shall be requested in advance from the supervisor whenever possible, i.e., dental appointment or physical examination, etc.  In case of sickness, injury, emergencies, or any other absence not approved in advance, the employee shall advise his or her supervisor of the circumstances as soon as possible. If the sickness, injury, or emergency qualifies as family/medical leave the employee should submit a family/medical leave form to Personnel.

   Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from are, for all job-related purposes, temporary disabilities and will be treated as such under the rules and regulations for sick leave.

   Sick leave shall be taken on a working-hour basis. An employee may be required to submit substantiating evidence when the reason for the leave request was a medical or dental appointment or when the supervisor suspects sick leave abuse. Substantiating evidence may also be required by the supervisor if the sick leave absence exceeds 3 workdays but is less than 10 workdays and does not qualify for family/medical leave.

   Substantiating evidence shall be required by the supervisor if the sick leave absence is 10 workdays or longer and the employee is not on family/medical leave. Sick leave may be denied when the employee fails to substantiate the legitimate use of sick leave. When an employee is absent for 3 or more days or when a supervisor receives information that indicates the reason for the sick leave may qualify as family/medical leave, the employee shall be given a family/medical leave form.  Employees shall be required to take family/medical leave concurrently with sick leave if the reason for sick leave qualifies. (See additional information under Family/Medical Leave section.)

   Holidays within a period of sick leave shall not be counted as working hours. If an absence because of illness or injury not arising from the course of employment extends beyond the sick leave earned to the credit of an employee, and if the employee is not on family/medical leave, such additional time shall be charged to vacation leave. Sick leave can be used to supplement workers' compensation up to the employee's current salary level extent.

   If an employee leaves the service of the Nebraska Court System in good standing and is reemployed within 1 year from the date of separation, sick leave earned during the previous period of continuous employment shall be reinstated to the employee's credit.

   An employee who has terminated employment with the state for any reason other than disciplinary or retirement, and who returns to state employment with the Nebraska Court System within 5 years of termination, will have sick leave entitlement computed by combining prior continuous service with current continuous service, disregarding the period of absence. Sick leave is not affected by the transfer of an employee from one state agency to another.

   Upon retirement under the existing Nebraska State Employees Retirement System, or upon reaching the age of retirement and voluntarily resigning in good standing, an employee shall be paid one-fourth of unused, accumulated sick leave, with the rate of payment based upon the employee's regular pay at the time of retirement. Upon the death of an employee, the employee's beneficiaries shall be paid one-fourth of the accumulated unused sick leave with the rate of payment based upon the employee's regular pay at the date of death.

   An employee who is eligible for retirement and who elects to receive payment for one-fourth of accumulated, unused sick leave upon retirement from Nebraska Court System or any other Nebraska State agency employment, and subsequently returns to the system's employment, shall be considered a new employee without any prior service when determining entitlement to and accumulation of sick leave.

   The payment of one-fourth of the accumulated sick leave to an employee is limited to a one-time payment, and no employee, by virtue of reentering state employment, shall become entitled to additional payments for unused sick leave.

   Employees may not be compensated for earned sick leave when they are separated from Nebraska Court System employment unless the separation is due to retirement or death.

   The sick leave account of each employee shall be balanced as of the closing date of the last pay period of each calendar year. Sick leave in excess of 1,440 hours will be forfeited.

Amended 5-23-07; amended 7-9-15.

   Up to 5 days of funeral leave may be granted for funerals in the immediate family. In extraordinary circumstances additional leave may be approved by the Probation or Court Administrator. For funerals of persons not in the immediate family, up to 1 day of funeral leave may be granted at the discretion of the supervisor. Immediate family, for purposes of this leave policy, shall mean wife, husband, children, parents, children-in-law, grandchildren, grandparents, brothers, sisters, or those bearing the same relationship to the spouse. Step-persons bearing these relationships are included. At the Court Administrator or Probation Administrator's discretion, the definition of immediate family may be expanded to include other individuals with a similar personal relationship to the employee as that of an immediate family member.

Amended 7-9-15.

   All employees who are members of the Nebraska National Guard or any other reserve component and who participate for up to 15 workdays in drills, encampments, maneuvers, active  duty or training, and other exercises prescribed by competent authority, will receive their full pay in addition to their military pay.

   Employees who are ordered to active duty by the Governor under emergency conditions will receive the difference between their full state pay and their military pay, provided the military pay is less than their state pay.

   Employees, other than temporary and intermittent, who leave a position to undergo military duty in the active service of the State of Nebraska are entitled to a leave of absence for the period of such training or service not to exceed 4 years, and without loss of pay during the first 15 workdays of the leave of absence. This is not in addition to the 15 days mentioned in the paragraph above. When separated from such training or service under honorable conditions, employees are entitled to reinstatement to their former positions with seniority, status, pay, and vacation as if they had not been absent, if application is made within 30 days after release from training or service. 

   When an employee is called to serve as a juror or is appointed as a clerk or judge on an election or counting board, the employee is entitled to any fees received as a result of this service in addition to receiving paid civil leave. Employees will return to work when not actually serving as a juror on a daily basis.

   If any employee does not have sufficient time before or after regular duty hours to vote, up to 2 hours of civil leave may be granted.

   Time spent by employees appearing in court as a function of their job shall be considered as hours worked.  Any witness fees and reimbursements received as a result of those court appearances shall be returned to the State.

   Employees attending court as a plaintiff, defendant, or witness on non work-related matters may use vacation leave or earned compensatory time, or the Administrative Office may grant a leave of absence. Any witness fees paid to the employee for these court appearances shall be kept by the employee.

   Employees who provide proof of their disaster relief volunteer certification with the American Red Cross may, with appropriate supervisory authorization, be granted paid civil leave not to exceed 15 working days in each calendar year to participate in specialized disaster relief services in Nebraska for the American Red Cross, upon the request of the American Red Cross.

Amended 7-16-03; amended 7-9-15.

   The Family Military Leave Act was passed by the Nebraska Legislature and became effective on April 5, 2007. In accordance with the act, it shall be the policy of the Nebraska Supreme Court to allow an eligible employee who is the spouse or parent of a person called to military service lasting 179 days or longer, with the State or United States pursuant to the orders of the Governor or President of the United States, to take up to 30 days of unpaid leave.

   For purposes of the Family Military Leave Act, an eligible employee is an employee who has at least 12 months of service and has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of this leave. An eligible employee is the spouse or parent of a person called to military service lasting 179 calendar days or longer. An eligible employee may request up to 30 days of leave without pay. Employees may choose to use accrued vacation leave for some or all of this requested leave.

   The employee shall give at least 14 calendar days of notice of taking leave if the leave will consist of 5 or more consecutive workdays. Whenever possible, the employee shall consult with the supervisor to schedule the leave so as to not unduly disrupt the work operations. An employee taking less than 5 consecutive days shall give the supervisor notice as is practicable. The supervisor may require certification from the proper military authority to verify the employee's eligibility for the family military leave requested.

   When the leave ends, the employee must be restored to the position previously held or to a position with equivalent seniority status, benefits, pay, et cetera, except when the supervisor proves the employee is not restored due to reasons unrelated to taking leave.

   The employee may continue benefits, during leave, at the employee's expense. The employee's service date will be adjusted after 14 calendar days of unpaid leave.

   The act provides that the employee may negotiate with the employer for the employer to maintain benefits at the employer's expense during the leave period. Taking family military leave shall not result in the loss of benefits accrued before the leave started.

Adopted 11-15-07

   In emergency situations resulting from public health, natural, technological, or manmade disasters and/or emergencies, when the federal or state government creates a form of temporary leave available to employees, the Supreme Court may approve such leave as authorized leave.

   Such temporary emergency leave shall be available only as long as the federal or state act provides, or as provided by the Supreme Court.

Approved 4-8-2020.

   1. The employee must be suffering a life-threatening illness or injury resulting in a prolonged absence lasting at least thirty work days during the past six months. An employee may also qualify if his or her child, parent or spouse is suffering from a life-threatening illness or injury resulting in the employee’s prolonged absence of at least thirty work days during the past six months. (Note: This program is not intended for use to address ongoing chronic illness.)

   2. The employee must produce satisfactory medical verification.

   3. The employee must have completed the original provisional period with the Nebraska Supreme Court.

   4. The employee must have exhausted all earned paid leave time including compensatory time, sick leave, and vacation leave.

   5. The employee must not have offered anything of value in exchange for the donation.

   6.  No more than 6 months of donated leave may be received by an employee during a 12-month period.

   7. At such a time that maximum medical improvement has been reached and the employee remains unable to return to work, the employee will no longer be eligible for catastrophic leave donations.

Amended 7-9-15.

   1. Only vacation and compensatory time in increments of 8 hours may be donated.

   2. The employee must not have solicited nor accepted anything of value in exchange for the donation.

   3. The donating employee must have remaining to his/her credit at least 40 hours of accrued vacation leave, if donating vacation leave.

Amended 11-13-03.

   All employees (including temporary) who are disabled as a result of a job-related injury or disease, which is deemed compensable by Worker's Compensation, may be granted injury leave not to exceed five of the employee's normal working days for any particular injury. Disabled shall mean unable to perform the tasks usually encountered in one's employment due either to any injury or disease or to treatments for any injury or disease. A working day is counted even if an employee is absent for any portion of his or her assigned shift. (For example, if an employee is injured at 3:00 p.m., and misses the final two hours of the work day, the absence will count as one day of the five possible days of injury leave.)

   Any job-related injury or disease shall be reported to the Administrative Office as soon as possible. The employee's supervisor is responsible to complete a First Report of Alleged Occupational Injury or Illness form. When this form is received from the supervisor, the Administrative Office shall have the responsibility of supplying all of the necessary information to the State of Nebraska Worker's Compensation Administrator. 

   No employee shall receive a salary (workers' compensation plus regular pay) in excess of his or her normal wage.

   Health insurance with the appropriate employer contribution will be paid during an absence under workers' compensation after all accrued leave and compensatory time has been depleted.

   If an employee requests or is placed on family/medical leave due to an injury or illness qualifying for workers' compensation, the Administrative Office will contact the State of Nebraska Workers' Compensation Administrator for coordination of workers' compensation and family/medical leave benefits.

Amended 7-9-15.

   Employees being paid workers' compensation for job-related injuries or disease may use sick and/or vacation leave to supplement the payment up to, but not to exceed, their regular rate of pay.

   Employees on workers' compensation shall earn sick and vacation leave at the same rate being earned prior to the injury or disease except as provided in these rules. Example: An employee earning 8 hours of sick leave prior to injury shall earn 8 hours of sick leave subsequent to injury.

   Holidays occurring during this period will be paid at a rate proportionate to the amount of sick and/or vacation leave being used.

   After all sick and vacation leave has been exhausted, employees shall not be entitled to any leave or pay benefits except as authorized under workers' compensation, and shall be carried in a leave-without-pay status while on workers' compensation. This type of leave of absence may exceed 1 calendar year.  No service date adjustment is necessary for this unpaid leave.

   For a period of 1 year after the date of disability and upon termination of workers' compensation, and after the physician has released him/her to return to work, the employee shall be reinstated to his/her former classification with no salary reduction. If his/her former position is not available, the Administrative Office shall place the employee in a similar position and may reduce the employee's salary.

   After 1 year from date of disability, if the employee has not or is not able to return to work, the Nebraska Court System is relieved from any reemployment obligation and the employee may be terminated.

Amended 7-16-03.

   A supervisor shall take appropriate disciplinary action if an employee commits one or more of the following:

*1. Violation of, or failure to comply with, the State's Constitution or statutes; an order of a court; codes of conduct; or published rules, regulations, policies, or procedures of the Nebraska Court System or the State of Nebraska.

 2. Failure or refusal to comply with a lawful order or to accept a reasonable or proper assignment from an authorized supervisor.

 3. Inefficiency, incompetence, or negligence in the performance of duties.

 4. Unlawful manufacture, distribution, dispensation possession or use of a controlled substance or alcoholic beverages in the workplace or reporting for duty under the influence of alcohol and/or unlawful drugs.

 5. Negligent or improper use of public property, equipment, or funds, or conversion of same to one's own use.

 6. Use of undue influence to gain or attempt to gain promotion, leave, favorable assignment, or other individual benefit or advantage.

 7. Falsification, fraud, or omission of required information on the employment application/resume.

 8. Unauthorized or improper use of any type of leave, or abuse of meal and rest periods. 

 9. Repeated tardiness, leave abuse, or unauthorized leave, including unauthorized departure from the work area.

10. Failure to maintain satisfactory and harmonious working relationships with the public or other employees.

11. Failure to obtain and maintain current license or certification required by law or policy as a condition of employment.

12. Conviction of a felony.

13. Repeated failure to make reasonable provision for payment of personal debts which result in more than one garnishment except in cases of court ordered child support payments.

14. Insubordinate acts or language which seriously hampers the Nebraska Court System's ability to control, manage or function.

15. Acts which bring discredit upon oneself, the Nebraska Court System, and the state.

16. Acts or conduct (on or off the job) which adversely affect the employee's performance and/or the Nebraska Court System's performance or function.

17. Workplace harassment based in whole or in part on race, color, sex, religion, age, disability or national origin which manifests itself in the forms of comments, jokes, printed material, and/or unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.

18. Possession of materials and/or utterance of comments in the workplace that are derogatory toward a group or individual based on race, gender, color, religion, disability, age or national origin.

*Note: Although county court clerk magistrates are governed by the Nebraska Revised Code of Judicial Conduct, they are disciplined in accordance with the Nebraska Supreme Court Personnel Policies and Procedures.

   Employees shall not be disciplined more than once for a single specific violation. However, they may be disciplined for each additional violation of the same or similar nature.

Amended 7-9-15.

   Responsibility to impose disciplinary action shall be vested in the employee's supervisor. Disciplinary action shall be taken in response to the employee's failure to meet the standards, objectives, or rules of the Judicial Branch. The objective of discipline is to correct or eliminate inappropriate behavior or conduct.

Amended 7-9-15.

   Supervisors are responsible for ensuring due process for employees being disciplined. Prior to beginning the disciplinary process, a supervisor is encouraged to consult with the Personnel Administrator.

   The following procedures shall be observed:

(1) Investigation

Upon obtaining information about an incident or performance issue which may warrant disciplinary action, the supervisor will conduct a fair investigation, including allowing the employee to respond to the information which may lead to discipline. Based upon the totality of the evidence and the individual circumstances of the case, the supervisor will make an objective decision whether or not to go forward with the disciplinary process.

(2) Notice of Allegations

If, based on the investigation, the supervisor decides a disciplinary action may be appropriate, the employee shall be entitled to written and oral notice of the proposed allegations against him or her, citing the rule or policy violated and an explanation, including any written documentation of evidence against him or her. The explanation should include a description of the incident or performance issues involved and dates of occurrence to the extent the explanation would not impair the function or operation of the Judicial System or expose the System to legal liability. The employee shall acknowledge receipt of the written notice of allegations by signing the document. The employee's signature does not constitute agreement with the content of the document. If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.

(3) Pre-disciplinary Employee Response Meeting (Mitigation Meeting)

Following receipt of the Notice of Allegations, the employee shall be entitled to an opportunity to present mitigating evidence or present reasons why disciplinary action should not be taken. If the opportunity or explanation is in the form of a meeting, the supervisor shall afford the employee adequate notice as to time, place, and purpose of such meeting. A minimum of 24 hours' notice shall be provided and the supervisor shall make a reasonable effort to reschedule where necessary for sufficient preparation. Upon request the employee shall be allowed representation or may bring a witness.

(4) Delivery of the Notice of Discipline or Notice of No Cause to Discipline

Following the employee's opportunity to provide mitigating evidence, if the supervisor determines disciplinary action is warranted, the employee shall be

a. advised in writing of the nature of the violation;

b. advised in writing of the disciplinary action being administered; and

c. if appropriate, notified in writing of the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve.

   The employee shall acknowledge receipt of the written documentation of disciplinary action by signing the document. The employee's signature does not constitute agreement with the content of the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.  A copy of the document shall then be placed in the employee's personnel file and a copy of the document shall be sent to the Administrative Office. 

   If the supervisor determines there is no cause for disciplinary action, the employee shall be advised in writing that no disciplinary action will be administered.

Amended 7-9-15.

   The following types and levels of disciplinary actions are described in a progressive manner. The steps are intended to allow the employee to correct the behavior prior to the next stage. However, the type and extent of disciplinary action shall be governed by the nature, severity, and effect of the violation; the type and frequency of previous violations; the period of time elapsed since a prior offensive act; and consideration of extenuating circumstances. More severe levels of disciplinary action may be imposed when a lesser action is deemed inadequate or has not achieved the desired results. One or a combination of any of the following disciplinary actions may be imposed.  All disciplinary actions shall be in writing, and if more than one action is imposed, they shall be on a single document and imposed at the same time.

   (1) Written Warning

   This is typically the first level of disciplinary action, appropriate for first incidents and lesser violations where efforts to counsel the employee have not been effective. This action consists of a written record providing in detail the reasons for the warning and advising the employee of the action required to correct the unsatisfactory performance or behavior, the time allowed for improvement, and the consequences of future violations or failure to improve. The employee shall be required to acknowledge receipt and understanding of the warning in writing. Such signature does not imply agreement. If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document. A copy of this documentation shall be placed in the employee's personnel file. The employee has the right to file a written explanation or denial.

   An employee shall not have a written warning imposed more than once for a single transgression. However, written warnings for each additional act of the same or similar nature may be imposed.

   (2) Disciplinary Probation

   This level of disciplinary action is appropriate where a written warning was not effective in resolving an issue or for more frequent or serious violations. A disciplinary probation may be imposed for a period of up to six months. This is a designated time period during which the employee must improve. Disciplinary probation may be extended for up to one year with Administrative approval. An extension of disciplinary probation shall be considered as a separate disciplinary action. The imposition of a disciplinary probation is be be accompanied by a written explanation concerning the employee's violation, performance shortcomings, etc., that have caused the action to take place; the action required for improvement if appropriate; the time allowed for improvement and notice that if positive action is not taken to correct the noted deficiencies, dismissal may be imminent. The employee shall be required to acknowledge receipt and understanding of the document by signing the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document. A copy of the document shall then be placed in the employee's personnel file.

   Employees placed on disciplinary probation may not be promoted or granted any salary increase authorized by the Supreme Court other than the "across the board" increase. The termination of an employee on disciplinary probation does not preclude recourse in the form of the filing of a grievance by the employee.

   An employee may be placed on disciplinary probation upon return to work following a suspension without pay providing the employee was so informed when the suspension was imposed. Employees granted leave while serving disciplinary probation, may have their probation extended by the number of days absent on leave. An employee may be removed from disciplinary probation at any time.

   (3) Suspension Without Pay

   This level of disciplinary action is appropriate where previous disciplinary acts were not effective in resolving an issue and/or for more frequent or serious violations. Suspension without pay may be imposed in conjunction with another form of discipline such as a written warning or disciplinary probation.

   Suspension without pay shall not exceed 20 workdays and shall be imposed in writing. The document imposing this form of action shall be dated and shall include the reason for the suspension and the number of days the suspension will last and the effective date(s) of the suspension.

   Employees placed on suspension without pay shall not be granted vacation, sick, or holiday leave or unused compensatory time off while in a suspended without-pay status, nor shall they earn vacation, sick, or holiday leave credit during the period of suspension

   If the same or an additional violation is committed while serving the disciplinary probation period, the employee may be suspended without pay as a result of the new violation. In such instances the period of suspension without pay shall not be credited to the original probation period. Upon completion of the period of suspension without pay, the employee shall complete the probationary period plus any additional period of probation imposed as a result of the violation which caused suspension without pay.

   The notice of a period of suspension is to be accompanied by a written explanation of the reasons for the suspension and the fact that failure to improve may result in further discipline. The employee shall be required to acknowledge in writing receipt and understanding of such information. If the employee refuses to sign this document, the supervisor and a witness shall sign a notation of the employee's refusal to sign the document.  A copy of the document shall then be placed in the employee's personnel file. In cases in which the employee is to be placed on disciplinary probation upon return from suspension without pay, the employee shall be informed of this fact at the time the suspension is imposed.

   (4) Reduction in Salary Within Salary Grade

   This level of disciplinary action is appropriate where previous disciplinary acts were not effective in resolving an issue and/or for more frequent or serious violations. Supervisors may recommend a reduction in an employee's salary within salary grade as a disciplinary action in consultation with the Administrative Office. Supervisors may recommend restoration of an employee to his/her previous salary when circumstances justify. An employee's salary may be reduced to no lower than the minimum permanent rate of the salary grade.

   (5) Demotion

   This level of disciplinary action is appropriate where despite attempts to improve performance, an employee is not successful at doing so, and may be successful in a lower job classification. The employee's duties shall be changed to reflect the new classification. Upon demotion of an employee for disciplinary reasons, the Administrative Office shall reduce the employee's salary a minimum of 5 percent and the salary may not be above the maximum rate of the new salary grade. However, a demoted employee's salary may be reduced no lower than the minimum permanent rate of the new salary grade.

   (6) Dismissal

   This level of disciplinary action is appropriate where previous disciplinary acts were not effective in resolving an issue and for the most serious violations, such as theft, physical altercations, law violations, and participating in harassment based on protected class.

   Employees dismissed shall be provided with written notice of their dismissal 2 weeks prior to dismissal, or, at the discretion of the Administrative Office, granted 2 weeks' pay in lieu of the 2-week notice where the employee's continued presence in the workplace would potentially be disruptive or otherwise adverse to effective operations.

   Employees granted 2 calendar weeks pay in lieu of notice shall not be eligible to accrue sick or vacation leave for the period for which payment in lieu of notice is made.

   An employee who commits a violation or an act which endangers or threatens the safety, health, or well-being of another person or persons, or a violation or act which is of sufficient magnitude that the consequences thereof cause irreparable disruption of work presently performed, or to be performed in the future, may be dismissed forthwith and shall not be entitled to a 2-week notice of dismissal or 2 calendar weeks pay in lieu of notice.  

Amended 9-17-03; Amended 12-22-10; amended 7-9-15.

   The Supreme Court Personnel Board has final authority to determine whether or not an issue is grievable and may elect to hear any issue at its discretion. Issues determined to be nongrievable are subject to summary dismissal by the board.

   The following issues, when done in compliance with established law, rule or policy, are examples of nongrievable matters. The list below is not to be considered all inclusive:

   1. performance evaluations;

   2. appointments and hiring selections, including promotions to positions;

   3. involuntary transfers with no salary reduction or relocation required; 

   4. leave of absence and catastrophic illness donation porgram decisions;                 

   5. position classifications;

   6. salary allocations;

   7. layoffs or reduction in hours due to elimination or reduction of funds, reduction in the workload, and/or reorganization; and

   8. payment of moving expenses.

Amended 7-9-15.

   The filing of a grievance does not delay the effective date of any management action. Filing of a grievance shall not jeopardize the grievant's position, opportunities for advancement, or salary increases. No employee may be coerced by a supervisor or another employee into not proceeding with a grievance or not appearing as a witness at a hearing.

   The members of the Supreme Court Personnel Board shall be appointed by the State Court Administrator and serve 3-year terms. The Board shall be composed of one county or district judge, one chief probation officer, and one clerk magistrate.  The judge member of the Board shall be the chairperson and shall preside over hearings.

   A listing of the current Board members' names and addresses shall be available in the Administrative Office.

   The authority of the Supreme Court Personnel Board is to determine if any decision regarding a grievance made by the State Court Administrator, State Probation Administrator, or an administrative employee delegated to respond to a grievance was made in good faith and for cause and to ensure that the actions were in reasonable compliance with the Nebraska Supreme Court Personnel Policies and Procedures or relevant state statutes. Decisions made by the Board are final and binding on all parties involved.

   A Supreme Court Personnel Board member shall excuse himself or herself in decisions where his or her impartiality might reasonably be questioned, including, but not limited to, instances where the Board member has been a participating party in the grieved action.  In the event that a member is excused, the State Court Administrator or State Probation Administrator shall appoint a temporary Board member to serve until a decision is made regarding the grievance.

   The Supreme Court Personnel Board has final authority to determine whether or not an issue is grievable and may elect to hear any issue at its discretion. Issues determined to be nongrievable are subject to summary dismissal.

   The following are the procedures and time allowances for the official grievance process. If the grievant fails to advance a grievance to any step within these time allowances, the grievance shall be considered discontinued by the grievant and the matter will be considered closed. However, time allowances may be extended by mutual agreement of the parties. 

   (1) Step 1. Presentation of Formal Grievance

  Within 15 workdays of the occurrence of the grieved action (or from the day the employee should have known about the action), the employee shall present a formal written grievance (using the official grievance form) to his/her immediate supervisor. The grievance shall contain a detailed statement of the grievance which indicates the issue involved, the relief sought, the date the incident or violation took place, if known, and the specific rule or policy involved.

   (2) Step 2. Decision-maker's Reply

   If the immediate supervisor is the person who made the decision causing the grievance, that supervisor may discuss it with the grievant. The supervisor shall prepare a written reply on the grievance form to the grievance within 5 workdays of receiving the grievance. If the immediate supervisor did not make the grieved decision, he/she shall note that fact on the grievance form, sign it, and forward it to the person who made the decision within 2 workdays, skipping any levels of intermediate supervision.

   The supervisor who made the original decision causing the grievance may discuss the grievance with the grievant, shall reply in writing (on the grievance form or an attachment) to the grievant within 5 workdays after  receiving the grievance, and shall be responsible for consulting with all necessary levels of  supervision in the preparation of the written response to the grievant.

   If a supervisor in Step 2 of the Grievance Procedure fails to respond to the grievant within the specified time periods, the grievance shall be considered denied, and the grievant may proceed with his/her grievance to the next step.

   (3) Appeal to the Administrative Office

    If dissatisfied with the decision-maker's reply, the grievant has 5 workdays from receipt of the reply to appeal the decision to the Administrative Office. The State Court Administrator, the State Probation Administrator or a delegated person in the Administrative Office shall issue a decision in writing to the grievant as soon as possible.

   (4) Appeal to the Supreme Court Personnel Board

   If the grievant wants to appeal the decision from the Administrative Office to the Supreme Court Personnel Board, that appeal using the grievance form must be filed with the chairperson of the Board within 5 workdays of receipt of the administrative decision. Upon receipt of the appeal, the chairperson shall provide written notification to the involved parties that an appeal has been filed. The written appeal to the Supreme Court Personnel Board must set forth alleged facts in sufficient detail for the Board to decide if a misinterpretation or misapplication of the Nebraska Supreme Court Personnel Policies and Procedures has possibly occurred and whether an evidentiary hearing is necessary. If the Board decides that the appeal does not meet these criteria, an evidentiary hearing may not be granted and the appeal will be dismissed without prejudice. If the appeal is dismissed without prejudice and the grievant wishes to amend the appeal, the amendment must be filed within 10 workdays of receiving notice of dismissal. Amended appeals not filed with the Board within the 10-workday limit will be dismissed.

   When a grievance appeal is properly submitted and the Supreme Court Personnel Board determines that the issue includes a possible misinterpretation or misapplication of the Nebraska Supreme Court Personnel Policies and Procedures, an appeal hearing will be scheduled. The chairperson of the Board shall notify all parties of the time and place of any appeal hearing. A copy of the appeal shall be provided to the affected staff member in the Administrative Office.

   The Supreme Court Personnel Board shall hold a hearing on as early a date as is possible or inform all parties that the issue is not grievable.

   The Supreme Court Personnel Board may order a pre-hearing conference prior to the grievance hearing to clarify the issues to be heard, the number of witnesses, the evidence to be  presented, and other procedural details determined by the Board; or the Board may issue a pre-hearing order requiring the parties to mutually resolve such matters prior to the hearing. Failure by either party to appear at a pre-hearing conference or to respond timely to a pre-hearing order may bind that party to the issues, witnesses, and evidence submitted by the opposing party, or to those established by the Board, which shall control the presentation of issues, witnesses, exhibits, etc., during the hearing. The Board shall designate which party shall go first in the presentation of evidence.

   The Supreme Court Personnel Board shall conduct the grievance hearing and rules of evidence shall not apply unless requested by either party.  Such request shall be made in writing at least 3 workdays prior to the holding of the hearing. The hearing shall be recorded on four-track audio recording equipment.

   Either party may present witnesses and/or written data. If either party wishes to use any employee of the Nebraska Court System as a witness in the presentation of his/her case, he/she shall request the Board, through the State Court Administrator or the State Probation Administrator, to require the attendance of the witness. The request for an employee's appearance must be submitted to the chairperson of the Board at least 8 workdays prior to the hearing. Notice of less than 8 workdays shall not guarantee employee attendance. A written requirement of attendance of an employee shall be prepared by the Administrative Office and sent to the employee whose attendance is required at least 4 workdays before the scheduled hearing. The Board may limit the number of witnesses either party may call to testify by considering relevancy of proposed testimony and whether or not it would be repetitious.

   Employees of the Nebraska Supreme Court who are required to attend an appeal hearing shall be granted time off from their assigned duties to appear. All hours of attendance, including travel time, shall be considered work time. Reimbursement will be made for allowable expenses. 

   The Supreme Court Personnel Board may request opening and/or closing statements from both parties in the grievance hearing. The parties may be requested to submit summary briefs at a mutually agreed upon date subsequent to the hearing.

   All parties involved with a grievance appeal hearing may present their cases either personally or through their authorized representative. Each party is responsible for any attorney costs incurred in presenting his/her case.

   In the event that one party fails to appear at the grievance hearing scheduled by the Supreme Court Personnel Board, a default judgment shall be entered unless the party who failed to appear shows good cause for having failed to appear within 5 workdays after the hearing date. The chairperson of the Board will provide written notification of a default judgment to all parties.

   At any time during the grievance procedure, the parties may reach a settlement and thereby terminate the process. The settlement must be in writing and is binding on both parties. The settlement must be signed by both parties and shall include a statement that neither party will pursue the matter further as long as settlement agreements are followed. At this point the grievance will be considered to be resolved. If either party fails to abide by the settlement, the violation may be grieved beginning at the local level. 

Amended 7-9-15.

Employee Formal Grievance Form

   At any time after a formal grievance has been properly filed, the employee and/or the Administrative Office may obtain discovery regarding any matter not privileged that is relevant to the subject matter involved in the pending appeal by utilization of one or more of the following methods: requests for depositions, requests for interrogatories, requests for production  of documents or things, requests for permission to enter appropriate offices for the purpose of inspection and/or requests for admissions. Unless the Supreme Court Personnel Board rules otherwise, the frequency of use of these methods is not limited. All discovery requests are subject to the following provisions:

   1. Requests for discovery shall be addressed to the party from whom the discovery is sought, with a copy addressed to the Supreme Court Personnel Board through the Administrative Office.  such requests shall be sufficiently in advance of the scheduled hearing to allow for the accommodation of the time lines established below.

   2.  Responses to discovery requests must be provided within 10 workdays of receipt of request, unless objections are entered. Objections to such requests may be made only to the chairperson of the Supreme Court Personnel Board and must be made within 5 workdays of receipt of the request. The chairperson shall affirm or deny such objections within 10 workdays of receipt of the objections and shall establish time limits for response when objections are denied.

   3. Within 5 workdays of the receipt of the discovery requested, the requesting party shall notify the answering party of any failure on the part of the answering party to properly respond to the request.

   4. Except where objections to discovery requests are sustained, the failure to respond to any discovery requests may result in the answering party being denied the right to introduce the requested evidence or such other remedy as is deemed appropriate by the chairperson.  

   A copy of the Supreme Court Personnel Board's decision shall be forwarded to the parties involved. The original decision and all documents relating to the grievance shall be filed in the Administrative Office.

Amended 9-17-03.

   The purpose of this policy is to establish basic guidelines for appropriate work dress for employees of the Nebraska Judicial Branch. In an effort to maintain a professional appearance as an employee of the Nebraska Judicial Branch, staff shall be well groomed and shall present an appropriate image commensurate with the status and dignity of the office. Attire shall be in good taste and reflect the requirements of the job and the working conditions. Employees have frequent public contact, and their appearance and demeanor convey an impression of the court system. The purpose of this policy is to promote a positive image of the Nebraska Judicial Branch, but also to allow for considerations of safety, job requirements, and the work environment. Personal neatness, cleanliness, and appropriate attire provide an atmosphere of professionalism and inspire confidence in an employee's ability to deliver services.

Amended 11-10-21.

   This policy applies to all employees of the Nebraska Judicial Branch operating in court, probation, public guardian, and administrative offices and includes interns, volunteers, contract employees, temporary employees, and grant-funded positions. The various offices may have unique operating needs such as public contact and court appearances, and thus, local offices may establish more stringent requirements based on those needs. At no time may an office establish lower standards than those set forth herein, except as needed in individual cases of safety or work needs.

Amended 11-10-21.

   (1) Definitions

   Professional Attire: Professional attire means employees shall dress in a conventional businesslike manner; appropriate professional attire includes dresses, skirts, dress slacks, pantsuits, collared shirts, ties, suits, or sport coats. Dress shoes are required.

   Business Casual Attire: Business casual attire means employees may dress in khakis or similarly styled pants, shirt, and dress shoes. Shirts should have a collar or finished edge. Capri or “Gaucho” pants may be worn if they are no shorter than mid-calf length and are worn in the same manner as dress slacks, i.e., with a jacket or dress shirt.

   Casual Attire: Casual attire shall consist of jeans, a collared shirt with a Nebraska Judicial Branch approved logo or similar shirt, and casual shoes, which may include tennis shoes. Shorts or hats are not permitted unless specifically authorized by the Administrative Office of the Courts and Probation to be worn in conjunction with community activities occurring outside, on weekends, or as other conditions warrant.

   Field Work is defined as visitations to homes, other places of residence, hospitals, treatment facilities, schools, places of employment, community service sites, nursing homes, or similar locations.

   (2) Courtroom and Other Professional Activities

   Professional attire is required in court and when participating in or attending other professional activities in which an employee is representing the Nebraska Judicial Branch.

   (3) Office Staff not Required to Attend Court

     Business casual attire is acceptable when not required to attend court. Business casual attire is required while conducting business during the course of the day and for field work unless otherwise specified per subsection (5) of this policy.

   (4) Specific Designations for Casual

   Casual “jeans” or “denim” days are permitted not more than one day per month at the discretion of the presiding judge, chief probation officer or the division head within the Administrative Office of the Courts and Probation. Additional days may be granted at the discretion of the State Court Administrator or the State Probation Administrator.

   (5) Field Work

   Business casual attire is required during field work unless the location or purpose of the visit warrants a more casual attire. Such more casual attire shall be pre-approved and appropriate for the type of field work being performed. No sandals or open-toed shoes may be worn for field work.

   Unless otherwise prevented from doing so, body armor shall be worn under clothing or concealed from public view. At all times, probation officers shall present themselves in appearance as officers of the Court, not as law enforcement officers. Battle dress uniforms (BDUs), “raid-type” jackets, or similar clothing with law enforcement identifiers may be worn only in conjunction with conducting a search or field visits in conjunction with law enforcement.

   (6) Training Events

   Trainers/presenters/trainees are expected to present themselves in professional or business casual attire while attending or conducting training and providing education. Casual attire is permissible while attending a training or educational event only when specifically designated and as approved by the Administrative Office of the Courts and Probation.

   (7) Unacceptable Attire

   The following is a list of unacceptable attire, not to be considered inclusive, although it is subject to modification by a supervisor or management and the limited exceptions detailed elsewhere in this policy.

· Tank tops, spaghetti-strap tops, strapless tops, or any top that does not completely cover the midriff area.

· Clothing with noticeable wear, including ripped, frayed, dirty, or wrinkled clothing.

· Stretch pants or leggings worn without skirts, dresses, cardigans, and/or long tops.

· Sweat pants, warm-ups, or other athletic clothing.

· Flip-flop sandals, slippers, or Crocs.

· Clothing which is excessively tight, short, low-cut, revealing, or sheer.

   (8) Other Considerations

   Drug technicians, substance use monitors, or others serving a majority of their time in similar roles are permitted to wear scrubs or other suitable attire while performing assigned duties while in the lab/office.

   Tattoos which by slogan and/or design imply negative connotation shall be concealed at all times during working hours.

   Jewelry and other accessories shall not present a safety hazard nor be offensive to clients and co-workers.

1. Jewelry shall not be functionally restrictive or excessive.

2. Jewelry which, by its slogan, and/or design, implies a negative connotation is prohibited.

   Body Piercings: Excessive body piercing in nontraditional areas of the body may distract from the normal course of business, and therefore, such piercings shall not be visible.

1. The normal wearing of earrings in the earlobe and/or a small, single "stud" in a nostril is acceptable. Although an employee may have parts of his or her body pierced, all other piercings shall be covered by clothing. The wearing of ear gauges is not permitted.

2. All staff is advised to consider safety precautions in their choice of clothing, jewelry, and shoes.

2. An employee may request an exemption to parts of these standards based on legitimate medical, religious, or cultural practice.

   (9) Special Occasion Exceptions

   Costumes, holiday specific outfits, or other special event outfits are acceptable for predetermined special occasions/holidays upon preapproval from the presiding judge, chief probation officer, the State Court Administrator, or the State Probation Administrator.

   (10) Action to be Taken or Sanctions for Inappropriate Dress

   A supervisor may require an individual employee to change clothes in the event that an employee’s attire does not fit the above criteria. The time required to change such clothes may be considered an official leave of absence without pay for the employee. Subsequent violations may be cause for disciplinary action.

Amended 11- 23-11; amended 11-10-21.

   Reports shall be prepared (1) upon completion of the original provisional period, (2) at least on an annual basis with the date to be determined by the local office, (3) as a subsequent report after the issuance of a report of performance less than satisfactory (such subsequent report may not be done less than 90 days after the previous report), and (4) on occasions when the supervisor desires to record performance worthy of recognition, either favorable or unfavorable. Reasons for submission of this type of report shall be explained in the report.

   After completion of the written report, it is recommended that the report be reviewed by the evaluator's supervisor(s) prior to discussion with the employee. 

   Performance reports shall then be discussed with the employee, who shall have the right to add his/her comments. These comments shall be submitted within 30 calendar days of the date of the report. The signing of the performance report form of the employee does not signify the employee's agreement with the content, but only that he/she has seen the performance report, that it has been discussed with the employee, and that the employee has been given an opportunity to comment. The evaluator should sign and date the performance report.  If the employee refuses to sign, the supervisor and a witness shall document the employee's refusal on the employee's performance report.    

   Each employee shall receive a copy of his/her performance report. A copy of each performance report shall be included in the employee's personnel file and a copy sent to the Administrative Office.

Amended 9-17-03.

   Information concerning an employee's or former employee's name, position, gross salary, date of hire, date of separation, and location where employed shall be considered public information. Any other information contained in an employee's personnel file shall not be released to any requesting party unless the employee has signed a release authorization, or if a legal warrant has been served requesting such information. 

   Each supervisor shall maintain the following personnel records:

1. Individual employees' monthly records of vacation, sick, and other leave taken and overtime hours earned on a time sheet for all full-time employees or a time card for part-time and temporary employees;

2. Job description/classification for each employee;

3. Record of salary;

4. Copies of all personnel transactions pertaining to individual employee; and

5. Employee performance report(s).

   Former employees' personnel files may be destroyed five years after the employees' separation date. A brief file or information card shall be retained containing former employees' dates of employment and rate of pay.

   Employees shall have the right to review their personnel file maintained at the employees' place of employment during regular office hours. Review may be done in the presence of a supervisor.

   Documentation (including performance reports) which reflects unfavorably on an employee or former employee shall not be placed in their personnel file without their knowledge.

   Employees or former employees have the right to file a written rebuttal within 30 calendar days from date of notice to any item placed in their personnel file with the exception of grievances settled in accordance with Supreme Court Grievance Procedures. This written rebuttal shall be placed in their personnel file.

   No negative documentation shall be placed in an employee's file after the dismissal, resignation or retirement of the employee unless the former employee is notified. Exceptions are reports, letters or documents originated and signed by the employee.

Amended 9-17-03.

   Reimbursements will be made only for travel expenses essential to the transaction of official business and all expenses claimed should reflect only those amounts actually expended.  Expense vouchers should be fully itemized, including when, where, and why the travel expenses were incurred with expenditures listed by the day the expenses were incurred.  Expense vouchers must be submitted at least on a monthly basis to the Administrative Office of the Courts/Probation. Expense voucher forms are available online at: http://www.supremecourt.ne.gov/forms/supreme-court-travel-report.shtml. If the reimbursement is for an expense related to education, the voucher should be submitted directly to the Judicial Branch Education Director.

   Before an officer or employee attends a function, conference, or meeting requiring travel, approval should be obtained from the State Court Administrator, State Probation Administrator, or Judicial Branch Education Director. This does not include normal day-to-day travel required for regular job responsibilities or activities required or sponsored by the Administrative Office of the Courts/Probation including Judicial Branch Education. However, a judge exercising his or her authority to request assistance from another judge to cover cases on a temporary basis, shall request approval from the Administrative Office of the Courts only if the replacement judge must travel more than 60 miles (one way) to perform those duties. In all cases, prior approval must be obtained if the travel method chosen is not the most economical method of transportation.

   Every effort shall be made to submit requests for approval for travel not later than 30 days prior to the event.

General Policies

   Judicial officers and employees may choose any mode of transportation. However, reimbursement of expenses and travel time determinations will be limited to the most reasonable, least-cost mode of transport as determined by the Finance Office. Reimbursement of transportation expenses is also subject to the following limitations:

Air Travel

   Air travel shall only be authorized by the State Court Administrator, State Probation Administrator, or Judicial Branch Education Director when it is more economical than surface transportation or will result in a substantial savings of expense or productive time.  Reimbursement for commercial air travel will be limited to "coach" fare if such seating is available at the time of ticket purchase.  Travel by privately-owned, state-owned, or personally rented airplanes must have the prior approval of the State Court Administrator, State Probation Administrator, or Judicial Branch Education Director.  Employees and officers should coordinate with the State Court Administrator, State Probation Administrator, or Judicial Branch Education Director in booking air travel. The submission of a receipt showing booking terms is required for reimbursement.

Personal Automobiles

   A judicial officer or an employee will be reimbursed for use of a personal vehicle while on work-related business (this does not include commuting miles). When reimbursement is claimed for mileage by personal automobile, the employee's number (which can be found on the employee's paystub), the points between which said mileage occurred, the times of arrival and departure, and the necessity and purpose of such travel should be shown on such claim. Total mileage will be reimbursed at the current mileage rate per mile per vehicle as determined by the Nebraska Supreme Court regardless of the fact that one or more persons may have been transported in the same vehicle.  Funds expended for parking may be claimed in addition to mileage.

   Mileage reimbursement will be based on the following definitions:

   A primary work site is a judicial officer’s or an employee’s principal place of business or assigned headquarter office.

   A secondary work site is any other place a judicial officer or an employee is required to report to work.

   A temporary work site is a short-term assigned work site in addition to a judicial officer’s or an employee’s primary work site.

   An employee’s supervisor determines which site is the primary work site. All other sites are considered secondary work sites for mileage reimbursement purpose. The Nebraska Supreme Court or the Judicial Resources Commission determines the primary work site of judicial officers.

   Mileage from a judicial officer or an employee’s residence to a primary work site and return is considered commuting by the IRS and not reimbursable. (See State Vehicle section below for more information regarding commuting.)

   Mileage from a judicial officer or an employee’s residence to a secondary or temporary work site and return, when the distance from home to the secondary or temporary work site is longer than from home to the primary work site, is reimbursable with the following limitation. Reimbursement is limited to the DIFFERENCE of mileage from home to the primary work site as compared to the mileage from home to the secondary or temporary work site.

   Mileage from a primary work site to a secondary or temporary work site is reimbursable with the following limitation: Work must be conducted at both locations.

   When a judicial officer or an employee is called to work duty during non-work hours, such as juvenile intake, OPG intake, or other on-call responsibilities, the entire actual mileage is reimbursable.

   If a judicial officer or an employee chooses an alternative mode of transportation in lieu of air travel, even though air travel is a more economical method of transportation, the judicial officer or employee will be reimbursed only the amount equal to the cost of air travel.  Other expenses such as lodging and meals that may be incurred because of traveling by the alternative mode of transportation will not be reimbursed. Extra days spent for personal travel outside of the scheduled training, conference, or business meeting dates will not be considered work time and are not reimbursable. Employees electing to utilize modes of transportation resulting in additional days of travel may also be required to claim leave for the extra days of travel incurred.

   It is recommended that if a state vehicle is available, it be used in lieu of a personal vehicle when traveling in excess of 50 miles. When an employee is required, by a supervisor, to use a state vehicle and the employee chooses to use a personal vehicle, the personal vehicle mileage will not be reimbursed.                       

State Vehicles

   No reimbursement for mileage will be allowed when such mileage accrues while using an automobile owned by the State of Nebraska.

   Permanent state vehicle assignment will be considered when a vehicle is required for a period of 30 days or longer, will travel a minimum of 1,000 miles, and will be utilized 17 working days monthly.

   Requests for permanently assigned vehicles should be submitted to the Administrative Office of the Courts/Probation at least 20 working days in advance of the required date. Requests should include the date the vehicle is desired; the type of vehicle desired, i.e., compact, intermediate, or regular sedan, et cetera; the estimated monthly mileage; the name of the principal driver; and the office location.

   Personal use of any state-owned vehicle is prohibited by statute and is a Class V misdemeanor.  See Neb. Rev. Stat. § 81-1024.

   Whenever a state vehicle is permanently assigned to an officer or employee of the court, additional policies regarding the use of a state vehicle should be requested from the Administrative Office of the Courts/Probation.

   Officers and employees are encouraged to carpool for travel to events, and the Administrative Office of the Courts/Probation reserves the right to require carpooling with state vehicles for specified functions.

Travel Policies amended April 10, 2019.

   Commuting expenses are defined by the Internal Revenue Service as those expenses incurred in traveling from one's residence to one's place of work and return to residence no matter how often this occurs during a day.  These expenses are considered personal expenses and are not considered reimbursable expenses. When using a state car for commuting, IRS rules require that $1.50 each way be added to the employee's income reported on a W-2.

   The approval to attend a conference, workshop, or meeting that is not considered a normal job responsibility, or that is not sponsored by the Administrative Office of the Courts/Probation including Judicial Branch Education, shall be obtained from the State Court Administrator, State Probation Administrator or Judicial Branch Education Director prior to the individual's attendance at such function. If funding is being requested for an education event that is not sponsored by Judicial Branch Education, prior approval shall be requested by using the forms prescribed by the Judicial Branch Education Director. The forms are available at: https://supremecourt.nebraska.gov/sites/default/files/HR-2-15.pdf for the courts and https://supremecourt.nebraska.gov/sites/default/files/HR-2-12.pdf for probation.  

   Only conference/meeting expenses incurred on the days necessary to travel to and from the conference/meeting and those incurred on the actual days of the conference/meeting may be reimbursed.  Prior approval from the State Court Administrator, State Probation Administrator, or Judicial Branch Education Director must be obtained for reimbursement of expenses that result from arriving early or result from extending departure.  The following includes additional specific limitations in expense reimbursements.

   Expense vouchers should be submitted at least once a month but may be submitted more often if desired. Expense voucher forms are available online at: https://supremecourt.nebraska.gov/sites/default/files/HR-2-05.pdf. All expenses should be listed for conferences separately from other monthly travel expenses.  Employees and officers must include their NIS number on the expense voucher.  The NIS number is shown on paycheck stub information available online.

   Expenses should be itemized so that the nature, purpose, and necessity of each item are apparent.  Expense vouchers should include the time and place of departure and the time of return to the headquarter city in each instance.  All items claimed for reimbursement for any one trip should be included on the same expense voucher.

   One officer or employee may be reimbursed for actual expenses incurred on behalf of another officer or employee, such as when two employees sharing a motel room are billed jointly and one officer or employee pays the bill.  The officer or employee to be reimbursed should provide the same detailed information on the expense voucher that would have been required if each officer or employee had been billed individually.  In all cases, when one officer or employee is requesting reimbursement for expenses of more than one officer or employee, original receipts should be provided, and the officers or employees' names listed and documents cross-referenced, when applicable.  If two officers or employees are billed jointly, but each pays half and each requests reimbursement separately, the documents should be cross-referenced, since one officer or employee usually will not have an original receipt.

   Expenses will be paid for officers and employees of the courts and probation only.  In cases in which a spouse or other individual accompanies the officer or employee on official business, only the expenses of the officer or employee will be paid.  In such cases, lodging and other receipts should indicate the appropriate single person charge.

   Original signatures on all expense vouchers are required from both the officer or employee and appropriate supervisor (Division Approval).  No stamped signatures will be accepted.

   This rule is promulgated under the authority of Neb. Rev. Stat. § 60-6,211.09 (Cum. Supp. 2006).

   The purpose of this rule is to establish standards for continuous alcohol monitoring and for the approval, installation and use of such devices by individuals sentenced to probation.

   a. Continuous alcohol monitoring device means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting such information and tamper attempts regarding such device, regardless of the location of the person being tested. Neb. Rev. Stat. § 60-614.01 (Cum. Supp. 2006).

   b. "BAC" shall mean the blood alcohol concentration expressed in percent weight by volume (% w/v) based upon grams of alcohol per 100 milliliters of blood.

   c. "BAC FAIL" shall mean the condition in which the continuous alcohol monitoring device registers a BAC value in excess of the alcohol setpoint limit.

   d. Setpoint shall mean the minimum confirmation level of .020 BAC.

   e. Tamper shall mean an overt conscious attempt to defeat the technology, prevent an alcohol test and/or to remove the device.

   f. Court shall mean the judge who sentences a person and as a condition of probation imposes the use of a continuous alcohol monitoring device.

   g. Administration shall mean the Office of Nebraska Probation Administration.

   h. Administrator shall mean the Administrator of the Office of Nebraska Probation Administration or his or her designee.

   i. An individual sentenced to probation shall mean a defendant who has been convicted of a second or subsequent violation of Neb. Rev. Stat. § 60-6,196 or § 60-6,197 and given a sentence of probation which includes the use of a continuous alcohol monitoring device as provided within Neb. Rev. Stat. § 60-6,197.01(2).

   In order to obtain approval of the Administration as an approved continuous alcohol monitoring device, a manufacturer shall confirm in writing to the Administrator that the unit(s) comply, or substantially comply, with the following specifications and requirements.

   a. The continuous alcohol monitoring device shall contain a bracelet, a modem and a secure web-based network application.

   b. The bracelet shall be worn 24 hours per day, 7 days per week by an individual sentenced to probation and the bracelet shall contain a sensor pack that measures ethanol vapor as it mitigates through the skin to determine BAC.  The bracelet shall be tamper-resistant, water-resistant and wear-resistant.  The bracelet shall collect, store and transfer data via an RF link to the modem.  The bracelet shall sample the individual sentenced to probation at least once per hour and every reading shall be date-stamped, time-stamped and stored in a memory chip.  If the bracelet detects alcohol or a tamper attempt, the bracelet shall automatically begin sampling every 30 minutes until alcohol is no longer present.  The bracelet shall make an attempt to communicate with the modem after each test.

   c. A modem is placed in the home (or another approved telephone-enabled location) of the individual sentenced to probation.  At a scheduled time each day, the individual sentenced to probation shall be required to be within 30 feet of the modem so as the bracelet can communicate with the modem.  Using a proprietary 9000 MHz frequency, the modem shall retrieve all available data from the bracelet.  In the event of a positive reading or a tamper alarm, the bracelet shall immediately begin looking for the modem and the data shall upload as soon as the individual sentenced to probation is within range.  When a data transmission occurs, the modem shall send all data to a secure web-based network application via a standard telephone line.  Alcohol reading, tamper alerts and diagnostic data are all communicated to the aforesaid secure web-based network application.  In turn, the secure web-based network application uses the modem to download monitoring and reporting schedules to the bracelet.

   d. The secure web-based network application shall be accessed via the Internet using a standard web browser so that monitoring personnel control the testing, synchronization and reporting schedules for each individual sentenced to probation.  Within one working day, the manufacturer or their representative shall notify the court of all positive alcohol readings, tamper alerts or equipment malfunctions.   The secure web-based network application additionally shall offer around the clock access to all test results from any location.

   e. The manufacturer and/or representative shall supply for each continuous alcohol monitoring device a warning label which shall carry the following language, "WARNING! ANY ACTUAL OR ATTEMPTED TAMPERING OF THIS DEVICE CAN SUBJECT YOU TO ADDITIONAL PENALTIES."

   f. Upon the demonstration by the manufacturer of a continuous alcohol monitoring device that said device complies, or substantially complies, with the criteria outlined by the aforesaid standards, the Administrator may issue a certificate of approval.  The Administrator shall maintain a list of approved continuous alcohol monitoring devices and their manufacturers or representative.

   In addition to the aforesaid standards, use of continuous alcohol monitoring devices installed pursuant to a court probation order shall also be subject to the following requirements:

   a. Installation:  Continuous alcohol monitoring devices shall be installed by the manufacturer or by private sector providers in conformance with the directions of the manufacturer.   A continuous alcohol monitoring device shall be used in accordance with the prescribed procedures and maintenance of the manufacturer.

   b. Phone Line:  To the extent required for proper operation of the device, individuals sentenced to probation are required to maintain a phone line unless the court approves another telephone-enabled location.   All phone bills associated with the program are paid by the individual sentenced to probation.  Individuals sentenced to probation will be responsible for limiting the use of the phone or internet use via the phone line during the hours when the individuals sentenced to probation is scheduled for downloads.

   c. Payment:  Individuals sentenced to probation are required to pay a per-day fee as set by the manufacturer, in conjunction with the Office of Probation Administration. Additionally, a one-time fee is assessed for initial installation and activation of the equipment. Fees are to be paid monthly in advance to the manufacturer or their representative.

   d. Employment:  Individuals sentenced to probation are not required to be employed to be eligible for the continuous alcohol monitoring device, however, they will be held financially responsible for the costs associated with the program.

   e. Copy:  The manufacturer or their designated representative shall furnish the Office of Probation Administration or designated probation office a written copy of verification that a continuous alcohol monitoring device has been installed.

   f. Reporting Requirements:  The manufacturer or their designated representative shall report to the Office of Probation Administration or designated probation office at the end of the monitoring period or upon a written request, a complete record of installation and usage records of a continuous alcohol monitoring device placed in service by the court.

   g. Reporting Requirements to the Administration:  The manufacturer or their designated representative shall report to the Administration when requested, a complete record of installation and usage records of any continuous alcohol monitoring devices placed in service in Nebraska.

   h. Independent Checks on Continuous Alcohol Monitoring Devices:  The Administration may conduct or have conducted independent checks on any of the approved continuous alcohol monitoring devices to determine if the devices are operating within this rule.   If the check indicates that this rule is not being followed, the Administration shall require the manufacturer or their designated representative installer to correct any abnormality found in the installation or usage records of the device. The manufacturer or their designated representative installer shall report in writing to the Administration within 30 days after receiving notification of the abnormality.   The Administration shall have the authority to remove from the list of approved continuous alcohol monitoring devices, any device, any manufacturer of a device or any representative of a manufacturer not found to be in compliance with this rule.

   Nothing in this rule shall prohibit an individual from raising any valid defense in a court proceeding involving the device referred to herein.

1. Motion for Enforcement of Directed Healthcare Measure
2. Notice of Hearing and Notice of Rights
3. Order of Enforcement of Quarantine, Isolation, Decontaminations, or Other
4. Order of Enforcement of Isolation
5. Order of Enforcement of Quarantine
6. Order to Procure Biological Evidence

   1. When electronic evidence is used during trial, the submitting party/counsel should provide the court with

   (a) the original evidence, as amended through trial, on its submitted storage device with data preserved in its native format; and

   (b) a duplicate copy of the evidence, that shall be

   (i) formatted as an Adobe Acrobat PDF file (in read only format), a comma delimited data file, an XML file, a JPEG, an MPEG, or an MP3 audio file;

   (ii) provided on a secure and protected media storage device; and

   (iii) identified with an adhesive label that shall be affixed to each storage device legibly identifying the case caption, docket and page or case numbers, disk number (1 of 2, etc.), and the format(s) used.

   2. Such storage devices shall be for the exclusive use of the courts and authorized court personnel, unless otherwise ordered.

   1. The Clerk of the Court shall preserve electronic evidence in the following manners:

   (a) the native form of the evidence shall be preserved as submitted with the bill of exceptions, pursuant to the existing rules of evidence;

   (b) the duplicate media storage device shall be preserved as submitted with the original form of the evidence with the bill of exceptions; and

   (c) the data stored on the accompanying storage device shall be transferred to the court's server and stored with any electronic oral evidence. The server shall

   (i) possess an architecture structure to provide easy access to files and allow for easy determination of files eligible for purging;

   (ii) have adequate backup and disaster recovery procedures in place to protect the data; and

   (iii) convert documents on file as necessary to current forms of software so that any future data extracted from the server shall not be provided in an antiquated format.

   2. Upon request of a party or counsel, the court may provide, at such party's or counsel's expense, a copy of any electronic evidence, as well as any electronic oral evidence. Such evidence shall be provided in the format as preserved or on a storage device that is not antiquated by current technology standards.

   The Guidelines for Electronic Evidence shall be reviewed on a biannual basis by the Administrative Office of the Courts, which shall recommend any necessary updates to the formats, storage devices, and processes in the guidelines. The Administrative Office of the Courts shall also recommend any necessary file conversion of existing files to avoid obsolescence.