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Lang v. Howard County

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Date: 
Friday, November 8, 2013

S-13-0010, Catherine D. Lang, Commissioner of Labor (Appellant) v. Howard County, Nebraska and Robert J. Sivick

Howard County, Judge Mark Kozisek

Attorneys: John H. Albin, Thomas A. Ukinski (for Commissioner of Labor, Appellant) --- Robert J. Sivick (Appellee)

Civil: Claim for unemployment benefits

Proceedings below: The court found Appellee was not an elected official and did not hold a major nontenured policymaking or advisory position. As such, he was eligible for unemployment benefits. The decision of the Appeal Tribunal was affirmed.

Issues: Whether the district court erred in (1) not properly construing Neb. Rev. Stat. § 48-604(6)(f)(i) and 48-604(6)(f)(i)(v); (2) failing to take into account Neb. Rev. Stat. § 49-1417 which defines “elective office”; (3) failing to take into account Neb. Rev. Stat. § 23-2535 which defines “official” in a county with less than 100,000 persons; (4) not properly interpreting the statutes according to the plain language; (5) determining Neb. Rev. Stat. § 23-1201 did not designate the county attorney’s position as a major nontenured policymaking or advisory position; (6) not applying the proper burden of proof upon Appellee; (7) finding he was not monetarily eligible for unemployment insurance benefits under Neb. Rev. Stat. § 48-627 on the basis of its determinations that Appellee was not excluded from benefits under Neb. Rev. Stat. § 48-604; (8) affirming the decision of the Appeal Tribunal.

 

 

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