This policy shall apply to all judicial officers and employees using the State Data Communications Network (SDCN), the Nebraska Supreme Court Network (NSCN), Removable Media, and Social Media. It is intended to provide minimum standards for acceptable use, including clarification of uses which are consistent or inconsistent with this policy.

   All use of the State Data Communications Network and/or the Nebraska Supreme Court Network (such as Internet logs and e-mail) by judicial officers and employees is the property of the State of Nebraska and is subject to applicable Nebraska Supreme Court rules and policies, and State and Federal laws, such as public record laws of the State of Nebraska as applicable. End users should not have any expectations of privacy regarding personal business conducted on the State Data Communications Network and/or the Nebraska Supreme Court Network unless protected by State or Federal law.

   Use of the SDCN and/or the NSCN shall be consistent with the goals of:

· Simplifying and disseminating information;

· Encouraging collaborative projects and sharing of resources;

· Aiding technology transfer within and outside the State of Nebraska;

· Fostering innovation and competitiveness within Nebraska;

· Building broader infrastructure in support of the performance of professional work-related activities.

   1. To provide and simplify communications with other state agencies, units of government, and citizens.

   2. To communicate and exchange professional development information, including online discussion or debate of issues in a field of knowledge.

   3. To exchange communications in conjunction with professional associations, advisory committees, standards activities, or other purposes related to the user’s professional capacity.

   4. To apply for or administer grants or contracts for work-related applications.

   5. To carry out regular administrative communications in direct support of work-related functions.

   6. To announce new products or services within the scope of work-related applications.

   7. To access databases or files for purposes of work-related reference or research material.

   8. To post work-related questions or to share work-related information.

   9. To communicate to children, teachers, doctors, day care centers, babysitters, or other family members to inform them of unexpected schedule changes, and for other minimal personal business. The use of the State’s telecommunications systems for personal business shall be kept to a minimum and shall not interfere with the conduct of state business.

   Unacceptable uses of the SDCN and/or the NSCN subject to remedial action (see Section 1.6), include, but are not limited to the following:

   1. Violation of the privacy of other users and their data. For example, users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user.

   2. Violation of the legal protection provided by copyright and licensing laws applied to programs and data. It is assumed that information and resources available via the SDCN and/or the NSCN are private to those individuals and organizations owning or holding rights to such information and resources, unless specifically stated otherwise by the owners or holders, or unless such information and resources clearly fall within the statutory definition of a public record. It is unacceptable for an individual to use the SDCN and/or the NSCN to gain access to information or resources not considered a public record without the granting of permission to do so by the owners or holders of rights to such information or resources.

   3. Downloading or installation of unauthorized software or hardware in violation of license agreements.

   4. Violation of the integrity of computing systems. For example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.

   5. Use of the SDCN and/or the NSCN for fund-raising or public relations activities unrelated to an individual’s employment with the Nebraska Supreme Court.

   6. Use inconsistent with laws, Nebraska Supreme Court rules and policies, regulations, or accepted community standards. Transmission of material in violation of any local, state, or federal law or regulation is prohibited. It is not acceptable to transmit or knowingly receive threatening, obscene, or harassing material.

   7. Malicious or disruptive use, including use of the SDCN and/or the NSCN or any attached network in a manner that precludes or significantly hampers its use by others. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer worms or viruses, and use of the SDCN and/or the NSCN to make unauthorized entry to any other machine accessible via the network.

   8. Unsolicited advertising, except for announcement of new products or services as described in item No. 6 under “Acceptable Uses.”

   9. Use of the SDCN and/or the NSCN for recreational games.

   10. Use in conjunction with for-profit activities, unless such activities are stated as a specific acceptable use.

   11. Use for private or personal business ventures such as second sources of income, other family member personal business interests, et cetera.

   12. Misrepresentation of one’s self, the Nebraska Supreme Court, or the State of Nebraska when using the SDCN and/or the NSCN.

   13. Contacting senators, lobbyists, and coworkers regarding legislative matters, unless requested as part of a unified strategy to do so. Communication via SDCN and/or NSCN to contact senators or lobbyists regarding personal issues or the advancement of legislation for the sole benefit of a specific employee group (e.g., salary bills, retirement benefits) and not the court as a whole.

   In order to prevent damage, compromise, or loss of data, the following mandatory restrictions will apply to the use of all removable media:

   1. Only Nebraska Supreme Court owned or leased and managed removable media shall be used within the NSCN. No personal, non-Nebraska Supreme Court, or other unauthorized removable media may be used within the NSCN system.

   2. It is not permissible to use Nebraska Supreme Court owned or leased media on personal computers or other devices that do not have an official connection to the NSCN unless authorized by the Nebraska Supreme Court's Information Technology Services.

   3. Removable media should only be used to transport or store data when other more secure means, for example, NSCN e-mail system or network-shared folders, are not available.

   4. Removable media will only be used to store or transport data for such purposes of direct support of work-related functions, work-related reference, and/or research material.

   5. All removable media is to be afforded the same level of physical protection as the most sensitive material stored thereon. All removable media should be stored in a safe, secure environment at all times. Users will ensure that all removable media checked out to them will be secured discretely, carried in a closed container, and not in public view where it can attract attention.

   6. “On-Access” anti-virus and authorization scanner controls will be configured on all servers and workstations attached to the NSCN to check for removable media devices. Rather than scanning whole systems, on-access scanners will scan files and other removable media and their associated drives when they are accessed. Access is not allowed to such objects until the scanner has verified the device is authorized and virus free.

   7. When transferring data from outside of the NSCN, extreme caution must be taken, as the potential impact of malicious software attacks on the NSCN system could be severe. All data is to be scanned by the on-access scanner prior to transfer.

   8. Any loss or theft of any item of removable media must be reported immediately to the Nebraska Supreme Court's Information Technology Services so that the level of compromise can be assessed and necessary efforts can be made for recovery.

   9. If any item of removable media is no longer required, it must be destroyed by approved secure means. This is only to be carried out by the Nebraska Supreme Court's Information Technology Services.

   Unacceptable uses of Nebraska Supreme Court owned or leased removable media to store and/or move data, subject to remedial action (see section 1.6), include, but are not limited to the following:

   1. Violation of the privacy of others and their data. For example, users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user.

   2. Violation of the legal protection provided by copyright and licensing laws applied to programs and data. It is assumed that information and resources available via the NSCN are private to those individuals and organizations owning or holding rights to such information and resources, unless specifically stated otherwise by the owners or holders, or unless such information and resources clearly fall within the statutory definition of public record. It is unacceptable for an individual to use the NSCN to gain access to information or resources not considered a public record without the granting of permission to do so by the owners or holders of rights to such information or resources.

   3. Downloading of software in violation of license agreements.

   4. Violation of the integrity of computing systems. For example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software or hardware components of a computer or computing system.

   5. Storing or moving of data for fund-raising or public relations activities unrelated to an individual’s employment with the Nebraska Supreme Court, unsolicited advertising, for-profit activities, or use in private or personal business ventures such as second sources of income or other family member business interests, etc.

   6. Use inconsistent with laws, regulations, or accepted community standards. Transmission of material in violation of any local, state, or federal law or regulation is prohibited. It is not acceptable to transmit or knowingly receive threatening, obscene, or harassing material.

   7. Malicious or disruptive use in a manner that precludes or significantly hampers its use by others. Disruptions include, but are not limited to, destruction of stored data or physical destruction of the removable media device, propagation of computer worms or viruses, and the use of any removable media device to make unauthorized entry to any other machine owned or leased by the Nebraska Supreme Court or the State of Nebraska.

   8. Use of Nebraska Supreme Court owned or leased removable media devices for recreational games.

   9. Misrepresentation of one’s self, the Nebraska Supreme Court, or the State of Nebraska.

   Routine monitoring of usage will not occur.  In the event of reported or suspected unacceptable use in violation of this policy, the Chief Justice of the Nebraska Supreme Court, the State Court Administrator, the State Probation Administrator, or their designee may authorize the Deputy State Court Administrator for Information Technology to request monitoring of usage by a person subject to this policy, including Internet access and e-mail transmission, to be conducted by State of Nebraska Office of the Chief Information Officer (OCIO) or an applicable service provider.

   Remedial action may include disciplinary proceedings against the individual or individuals responsible for the violation of this policy, including termination of employment or reporting to the appropriate disciplinary authority. If, in the judgment of the Chief Justice, it is believed that criminal activity has taken place within the SDCN and/or the NSCN infrastructure, the Chief Justice will notify the proper authorities and will assist in any investigation of any offense.

   The Nebraska Supreme Court accepts no responsibility for traffic which violates the acceptable use policy of any other networks connected, either directly or indirectly, to the SDCN and/or the NSCN. If the owner of any network connected to the SDCN and/or the NSCN notifies the Nebraska Supreme Court’s Information Technology Services of a violation of its acceptable use policy, the Nebraska Supreme Court’s Information Technology Services shall inform the agency, board, commission, or affiliate organization within which such violation occurred. It shall be the responsibility of the agency, board, commission, or affiliate organization to take appropriate remedial action and notify the owner of the connected network.

   NSCN shall mean any data communications facility or equipment contracted for or provided by the Nebraska Supreme Court, Nebraska Court of Appeals, or the Administrative Offices of the Courts/Probation, including State provided Internet access and network connections to Nebraska Supreme Court owned or leased equipment.

   The purpose of the NSCN is to provide a vehicle that allows data communications to occur among officers and employees of the appellate courts and administrative employees. Use of the NSCN is subject to the policies and standards contained in this document.

   State Data Communications Network (SDCN) shall mean any data communications facility or equipment contracted for or provided by the State of Nebraska, including State provided Internet access and network connections to Nebraska Supreme Court owned or leased equipment.

   The purpose of the SDCN is to provide a vehicle that allows data communications to occur between agencies and across interstate and intrastate boundaries. Use of the SDCN is subject to the policies and standards contained in this document.

   Removable media is defined as but not limited to the following: floppy disks, compact disks (CD’s), Digital Video Disks (DVD’s), jump drives, flash drives, portable hard drives, Firewire connected devices, Personal Digital Assistants (PDA’s), and Universal Serial Bus (USB) connected devices.

   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.

   The purpose of these guidelines is to ensure that the legal and best interests of juveniles in dependency and abuse/neglect proceedings initiated under the Nebraska Juvenile Code are effectively represented by their court-appointed guardians ad litem. These guidelines are also intended to ensure that such interests of juveniles involved in delinquency, status offense, or other proceedings initiated under the Nebraska Juvenile Code are effectively protected when a guardian ad litem has been appointed. The provisions of these guidelines, unless otherwise noted herein, set forth “best practice” recommendations only and are not intended as Supreme Court rules.

   A. In accordance with the Nebraska Juvenile Code, specifically Neb. Rev. Stat. § 43-272(3), only a lawyer duly licensed by the Supreme Court of Nebraska may be appointed to serve as a guardian ad litem for a juvenile.

   B. When feasible, the duties of a guardian ad litem should be personal to the appointed lawyer and should not normally be delegated to another person or lawyer.

   C. Any lawyer who serves as a guardian ad litem should fulfill the training requirements described in the Nebraska Supreme Court Rule Regarding Guardian Ad Litem Training for Attorneys.

   A. Neb. Rev. Stat. § 43-272(3) authorizes a guardian ad litem in juvenile proceedings to fulfill a “dual role” with respect to the juvenile, that is, to serve as:

   1. An advocate for the juvenile who is deemed as the parent of the juvenile and charged with a duty to investigate facts and circumstances, determine what is in the juvenile’s best interests, report to the court and make recommendations as to the juvenile’s best interests, and take all necessary steps to protect and advance the juvenile’s best interests; and

   2. Legal counsel for the juvenile.

   B. Where a lawyer has already been appointed to represent the legal interests of the juvenile, for example in a delinquency case, another lawyer appointed to serve as a guardian ad litem for such juvenile shall function only in a single role as guardian ad litem for the juvenile concerning the juvenile’s best interests, and shall be bound by all of the duties and shall have all of the authority of a guardian ad litem, with the exception of acting as legal counsel for the juvenile.

   C. Accordingly, the following shall apply:

   1. In serving as advocate for the juvenile to protect his or her best interests, the guardian ad litem shall make an independent determination as to the juvenile’s best interests, by considering all available information and resources. The guardian ad litem’s determination as to best interests is not required to be consistent with any preferences expressed by the juvenile.

   2. Upon making such determination, the guardian ad litem shall make such recommendations to the court and shall take the necessary actions to advocate and protect the best interests of the juvenile.

   3. As legal counsel for the juvenile, the guardian ad litem shall be entitled to exercise and discharge all prerogatives to the same extent as a lawyer for any other party in the proceeding.

   4. Where the juvenile expresses a preference which is inconsistent with the guardian ad litem’s determination of what is in the best interests of the juvenile, the guardian ad litem shall assess whether there is a need to request the appointment of a separate legal counsel to represent the juvenile’s legal interests in the proceeding. In making such assessment, the guardian ad litem shall consider:

   a. The juvenile’s age,

   b. The juvenile’s capacity,

   c. The juvenile’s level of maturity, and

   d. The nature of the inconsistency between the juvenile’s expressed preference and the guardian ad litem’s determination as to the juvenile’s best interests.

   5. After making such assessment, the guardian ad litem shall request the court to make a determination whether special reasons exist for the court to appoint separate legal counsel to represent the legal interests of the juvenile where the guardian ad litem determines all of the following:

   a. That the juvenile’s expressed preference represents a communication that is made by a juvenile of sufficient age, capacity, and maturity;

   b. That the juvenile’s expressed preference is of significance to other matters or issues in the case affecting the juvenile, and is within the bounds of law and reality; and

   c. That the guardian ad litem believes that it would be a conflict of interest for the guardian ad litem to continue to act as legal counsel for the juvenile in light of the preference expressed by the juvenile.

   6. In any situation where the guardian ad litem has been appointed to represent more than one juvenile within the same case, the guardian ad litem shall ascertain throughout the case whether the guardian ad litem’s advocacy of the legal and best interests of any one juvenile would be adverse to or conflict with the legal and best interests of any other juvenile represented by the same guardian ad litem. Where the guardian ad litem reasonably believes that to continue as guardian ad litem for all of the juveniles would be problematic in this specific regard, the guardian ad litem shall apply to the court for the appointment of a separate guardian ad litem and/or legal counsel for the juvenile(s). Where any juvenile has expressed a preference or position regarding a certain matter or issue, the guardian ad litem shall utilize the standards set forth in guideline III.C.5 above.

   7. If the court exercises its statutory authority to appoint separate legal counsel, such counsel shall represent the juvenile’s legal interests. The guardian ad litem shall continue to advocate and protect the juvenile’s social and best interests as defined under the Nebraska Juvenile Code.

   A.  Access to Information and Juvenile

   1. The guardian ad litem is entitled to receive all pleadings; notices, to include timely notices of change of placement; and orders of the court filed in the proceeding, and should make reasonable efforts to obtain complete copies of the same.

   2. The guardian ad litem is entitled to receive copies of all case plans and court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Board, and any Court Appointed Special Advocate (CASA), as well as reports, summaries, evaluations, records, letters, and documents prepared by any other provider which the guardian ad litem deems relevant to the best interests or legal rights of any juvenile represented by the guardian ad litem. Where these documents are not provided as a matter of course to the guardian ad litem, they shall be provided upon the request of the guardian ad litem.

   3. The guardian ad litem, standing in lieu of the parent for a protected juvenile who is the subject of a juvenile court petition[1] shall also have the same right as the juvenile’s legal guardian to (1) obtain information from all professionals and service providers, including but not limited to verbal communications and written reports, summaries, opinions, and evaluations, and information regarding the juvenile’s placement; and (2) to receive notice of and participate in all conferences, staffings or team meetings, and hearings relating to the juvenile’s health, education, placement, or any other matter which in the opinion of the guardian ad litem is relevant to, or which affects, the best interests or legal rights of the juvenile.

   4. The guardian ad litem is authorized to communicate with and respond to inquiries for information regarding the juvenile made by the Nebraska Foster Care Review Board, the Department of Health and Human Services case manager, or CASA.

   5. The guardian ad litem is authorized to make announced or unannounced visits to the juvenile at his or her home or placement or at any location at which the juvenile may be present.

   6. The court should facilitate the guardian ad litem’s authority to obtain information regarding the juvenile by including the following language, or language substantially similar thereto, in its initial order of appointment of the guardian ad litem:

“The guardian ad litem appointed herein by this Court shall have full legal authority to obtain all information which relates to the above-named juvenile.

“To that end, the guardian ad litem is hereby authorized by this Court to communicate verbally or in writing with any agency, organization, person, or institution, including but not limited to any school personnel, counselor, or drug or alcohol treatment provider; or police department or other law enforcement agency; any probation, parole, or corrections officer; any physician, psychiatrist, psychologist, therapist, nurse, or mental health care provider; or any hospital, clinic, group home, treatment group home, residential or mental health treatment facility, or youth rehabilitation treatment center; any social worker, case manager, or social welfare agency, including the Nebraska Department of Health and Human Services and its employees and administrators; any person or agency or institution charged with supervising visitation; or any family member, guardian, foster parent, or any other person.

“The guardian ad litem is further hereby authorized to obtain from all persons, organizations, or entities, including but not limited to those described in the paragraph above, all information, including but not limited to the inspection of, and obtaining of complete copies of records, reports, summaries, evaluations, correspondence, written documents, or other information, orally or in any media form, which relate to the above-named juvenile even if such information concerns his or her parents, or any other person or any situation that the guardian ad litem deems necessary in order to properly represent the juvenile’s interests.”

   A. Consultation With Juvenile

   1. The phrase “consultation with the juvenile,” as used in the Nebraska Juvenile Code, generally means meeting in person with the juvenile, unless prohibited or made impracticable by exceptional circumstances, as set forth in guideline V.A.4 below.

   2. The guardian ad litem should consult with the juvenile when reasonably possible and at those times and intervals as required by the Nebraska Juvenile Code.^[1]

   3. In addition to the statutorily required intervals for consulting with the juvenile, when possible, the guardian ad litem should consult with the juvenile when:

   a. The juvenile requests that the guardian ad litem meet with him or her;

   b. The guardian ad litem has received notification of any emergency, or other significant event or change in circumstances affecting the juvenile, including a change in the juvenile’s placement; and

   c. Prior to any hearing at which substantive issues affecting the juvenile’s legal or best interests are anticipated to be addressed by the court.

   d. The guardian ad litem should make every effort to see the juvenile in his or her placement at least once, with respect to each such placement.

    4. Where an unreasonable geographical distance is involved between the location of the juvenile and the guardian ad litem, the guardian ad litem should explore the possibility of obtaining from the court an advance determination that the court will arrange for the payment or reimbursement of the guardian ad litem’s reasonable expenses incurred in connection with the travel to meet with the juvenile.

   5. “Exceptional circumstances” generally include, but are not limited to, those situations where an unreasonable geographical distance is involved between the location of the guardian ad litem and the juvenile. Where such exceptional circumstances exist, the guardian ad litem should attempt consultation with the juvenile by other reasonable means, including but not limited to telephonic means, assuming that the juvenile is of sufficient age and capacity to participate in such means of communication and there are no other barriers preventing such communication. Where consultation by telephonic means is also not feasible, the guardian ad litem should seek direction from the court as to any other acceptable method by which to accomplish such consultation with the juvenile.

   B. Inquiry and Consultation With Others

   1. The guardian ad litem is required to make inquiry of the juvenile’s caseworker, foster parent, or legal custodian and any other person directly involved with the juvenile who may have knowledge about the case or the development of the juvenile. The guardian ad litem should also make inquiry of any other persons who have knowledge or information relevant to the juvenile’s best interests.^[2] The guardian ad litem may obtain such information through the means of direct inquiry, interview, or the discovery process.

   2. The guardian ad litem has a duty to read and comprehend the court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Board, the CASA volunteer, and from all other persons or providers assigned to the case who prepare and present such reports to the court.^[3]

   C. Report and Recommendations to Court

   1. The guardian ad litem has a duty to make written recommendations to the court in the form of a report regarding the temporary and permanent placement of the protected juvenile.^[4] Because the guardian ad litem is also required by statute to consider any other information “as is warranted by the nature and the circumstances of the particular case,”^[5] the guardian ad litem’s report should include written recommendations to the court regarding any other matter that affects or would affect the legal and best interests of the protected juvenile.

   2. The guardian ad litem is required to submit a written report to the court at every dispositional hearing and review hearing.^[6] The information contained in the report of the guardian ad litem should include, but is not limited to, the following information:

   a. Dates of, and description of, the type of contact and communication with the juvenile;

   b. Listing of documents reviewed;

   c. The guardian ad litem’s concerns regarding any specific matters or problems which, in the opinion of the guardian ad litem, need special, further, or other attention in order to protect or facilitate the juvenile’s legal and best interests; and

   d. The guardian ad litem’s assessment of and recommendations regarding the juvenile’s placement in light of his or her needs and legal and best interests.

   3. To assist the guardian ad litem in preparing the written report, the guardian ad litem may use the “Report of Guardian Ad Litem” form found at Appendix 1.

   D. Participation in Court Proceedings

   1. The guardian ad litem shall attend all hearings unless expressly excused by the court.

   2. The guardian ad litem may testify only to the extent allowed by the Nebraska Rules of Professional Conduct.

   3. Where the guardian ad litem is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such guardian ad litem may make proper arrangements for another attorney to attend the hearing as long as no other party objects and as long as the hearing is not anticipated to be a contested evidentiary hearing. In such a situation, the guardian ad litem does not need to be excused from attendance at the hearing.

   4. The guardian ad litem should advocate for the juvenile to be present at all court hearings as appropriate and take steps where necessary to ensure such attendance on the part of the juvenile.

   E. Duty to Provide Quality Representation

   1. Any attorney appointed by the court to serve as a guardian ad litem for a juvenile, or to provide guardian ad litem services for juveniles, is expected to provide quality representation and advocacy for the juveniles whom he or she is appointed to represent, throughout the entirety of the case.

   2. To that end, a guardian ad litem should not accept workloads or caseloads that by reason of their excessive size or demands, including but not limited to factors such as the number of children represented at any given time, interfere with or lead to the breach of the professional obligations or standards required to be met by a guardian ad litem by statute or by court rules.

   3. Attorneys should not accept caseloads or appointments to serve as a guardian ad litem or to provide guardian ad litem services that are likely to, in the best professional judgment of the appointed attorney, lead to the provision of representation or service that is ineffective to protect and further the interests of the juvenile, or likely to lead to the breach of professional obligations of the guardian ad litem.

   A. The authority of the guardian ad litem shall commence upon appointment by the court and shall continue in that case until such time as the court terminates its jurisdiction.

   B. The guardian ad litem may voluntarily withdraw from representation in any case where the guardian ad litem files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal.

   C. A guardian ad litem may be removed from a case by the court for cause, where the court finds that the guardian ad litem’s performance is inadequate, that the guardian ad litem has substantially failed to discharge duties or act to protect the best interests of the juvenile(s) for whom the guardian ad litem was appointed, or that any other factor or circumstance prevents or substantially impairs the guardian ad litem’s ability to fairly and fully discharge his or her duties. In determining whether removal of the guardian ad litem is warranted in a particular case, the court should assess the guardian ad litem’s performance under the requirements and standards of practice imposed upon a guardian ad litem by both the Nebraska Juvenile Code as well as by these guidelines.

   A. The Supreme Court may establish a statewide uniform minimum hourly rate of compensation for guardians ad litem.

   B. Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her obligations as the guardian ad litem.

   C. Guardians ad litem shall be compensated for all hours reasonably necessary to provide quality legal representation as documented in fee applications submitted by the guardian ad litem.

   When permission is granted to fill a vacancy, a notice of such vacancy shall first be posted internally for at least five (5) workdays. Posting shall be on bulletin boards or electronic bulletin boards where used, stating the job title, description, work area, qualifications, pay range and closing date for applications.

                                                                                                                        Amended 4-23-08

   Notices must be filed with either the local Nebraska Workforce Development office, the State Department of Personnel for inclusion in the Job Mart publication, or with other local publications. 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/resumes must be received by the close of business on the specifically announced closing dates for applicants to be considered as viable candidates for a vacancy.

   Applications/resumes shall only be accepted when a vacancy occurs.  Application/ resumes that are received when a vacancy does not exist shall be returned to the sender.

   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

   Veterans determined eligible in accordance with Sec. 80-401.01 of the Nebraska Revised Statutes shall be given preference (Veteran’s Preference) as specified in Sec. 48-226 of the Statues.  The preference will be granted in the following manner: When two or more equally qualified candidates are being considered for a vacant position the qualifying veteran will be given preference for that position.

Adopted 7-16-03

   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

   Full‑time employees work, at a minimum, 40 hours per week on an ongoing, continuous basis. Full‑time employees earn all benefits. Full‑time employees work, at a minimum, 40 hours per week on an ongoing, continuous basis. Full‑time employees earn all benefits.

   Part‑time employees work fewer hours than full‑time employees on an ongoing, continuous basis. Work schedules may fluctuate by week, month, or season. Part‑time employees earn benefits on a prorated basis equal to the total yearly full‑time equivalent for their positions. However, only part‑time employees working 50 percent or more of the FTE are eligible for insurance benefits.

   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 part‑time or 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, the expected duration of employment, and the wage or salary to be paid. If offices have temporary help or other part‑time employees 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.

   When clerical help is secured through project agencies, no guarantee can be made concerning employment at the termination of their project entitlement.

   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.

   It may be necessary to reclassify specific jobs. Such action can be taken by the Supreme Court upon written recommendation of any supervisor. It is a supervisor’s responsibility to monitor changes in duties and/or responsibilities to maintain appropriate classification assignments. Any reclassification which lowers a salary grade will not result in a salary reduction for an incumbent.

Amended 7-16-03

   New employees will usually begin at Step 1 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 Step 6 of the salary grade. If the starting salary is above Step 1, the employee will not be eligible for a provisional salary increase. Any starting salary other than Step 1 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

   The State Court Administrator or the State Probation Administrator, in consultation with the hiring supervisor, may approve an increased hiring rate for a bilingual employee. The need for a bilingual employee and the language skill level demonstrated by testing approved by the Administrative Office will be factors in the process to approve an 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.

   Court employees who were hired prior to this policy who are or become bilingual may request testing to determine their language skill level. Based on the results of the test, the supervisor may recommend a salary adjustment to the State Court Administrator or State Probation Administrator.

   Bilingual employees shall not serve as courtroom interpreters unless approved by the Administrative Office of the Courts.

                                                                                                                        Approved 3-28-07

   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 Step16 of the current salary grade.

Adopted 7-16-03

   Upon completion of the provisional period, and with a performance report of satisfactory or better, employees paid less than Step 2 of their salary grade will be given a salary increase to Step 2 of that grade. Employees hired at a salary greater than Step 2 of their salary grade will not receive a salary increase upon completion of the provisional period. Employees shall be informed of this information when they are hired.

   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 other salary increases to employees, subject to the following conditions:

   1. Funds are available;

   2. Employees at or above the maximum rate, employees on disciplinary probation, employees who are serving their original provisional period, and temporary employees are not eligible; except, beginning January 1, 2001, an employee at or above the maximum rate may be eligible for a longevity increase if during the previous year (prior to the first of January) the employee has experienced an anniversary with the court system of 20 or more total service years that is divisible by 5, as established by his/her service anniversary date. For each of those anniversaries, an additional $50 a month will be added to the base salary of those eligible employees who are at the maximum rate. For eligible employees over the maximum rate the longevity increase will be reduced by the amount their salary exceeds the maximum rate and added to the base salary. Eligible part-time employees will receive increases on a prorated basis. In no event will salaries be reduced. No additional amount will be given to those employees with salaries over the maximum rate already receiving the amount equal to or greater than the longevity increase.

   3. Such salary increases require the acceptable performance (Satisfactory or better on a performance report) of the employee and approval of the supervisor. Acceptable performance of the employee must be documented in a current annual performance evaluation on file in the Administrative Office at least 30 days prior to the salary increase. If an employee receives an unacceptable performance evaluation, the employee, after 90 days or more, may request another evaluation. If that evaluation indicates acceptable performance, the salary increase may then be given to the employee with the approval of the supervisor.

   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.

   All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part‑time employees. 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 (Step 1) of the applicable salary grade.

Amended 7-16-03

   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. All starting salaries require the approval of the State Court Administrator or State Probation Administration based upon a written recommendation of the supervisor.

Amended 6-27-07

   Upon completion of the provisional period, 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 when they are hired.

Amended 6-27-07

   The Supreme Court may authorize a general alteration in the salary schedule based upon appropriations made available. When such an 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 salary increases to employees, subject to the following conditions:

   1. Funds are available;

   2. Employees at or above the maximum rate, temporary employees, and employees who are serving their provisional period or are on disciplinary probation are not eligible except an employee at or above the maximum rate may be eligible for a longevity increase if during the previous year (prior to the first of January) the employee has experienced an anniversary with the court system of 20 or more total service years that is divisible by 5, as established by his/her service anniversary date. For each of those anniversaries, an additional $50 a month will be added to the base salary of those eligible employees who are at the maximum rate. For eligible employees over the maximum rate the longevity increase will be reduced by the amount their salary exceeds the maximum rate and added to the base salary. Eligible part-time employees will receive increases on a prorated basis. In no event will salaries be reduced. No additional amount will be given to those employees with salaries over the maximum rate already receiving the amount equal to or greater than the longevity increase.

   3. Such salary increases require the acceptable performance (Satisfactory or better on a performance report) of the employee and approval of the supervisor. Acceptable performance of the employee must be documented in a current annual performance evaluation on file in the Administrative Office at least 30 days prior to the salary increase. If an employee receives an unacceptable performance evaluation, the employee, after 90 days or more, may request another evaluation. If that evaluation indicates acceptable performance, the salary increase may then be given to the employee with the approval of the supervisor.

   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.

   With approval of the Supreme Court, merit pay increases may be granted to employees to recognize outstanding job performance, subject to the following conditions:

   1. Funds are available;

   2. The employee must have outstanding job performance and that performance must be documented in a current annual performance evaluation on file in the Administrative Office;

   3. The employee’s base salary shall not exceed the maximum rate of his/her salary grade as a result of a merit increase; and

   4. Merit pay increases shall not be automatic and may only be retroactive to the beginning of the current pay period.

   All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part‑time employees. 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.

   The designated workweek shall be from 8 a.m. on Friday to 8 a.m. the following Friday. All employees shall be informed of the designated workweek. Full-time employees shall account for at least 40 hours of work or leave time per week.  Management sets each employee’s work schedule. The work week and work schedule of each employee shall be documented by each office. 

Amended 7-12-06

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

Exempt‑‑Employees exempt from overtime include those designated as professional, administrative, supervisory, or executive.

Nonexempt‑‑All nonexempt employees must be compensated at one and one-half times their hourly rate in the form of either pay or compensatory time off, at the administrative office’s discretion, for hours worked over 40 in a workweek

   Upon proper authorization, employees may accumulate the maximum of 240 hours of compensatory time (160 hours of overtime worked). Accumulated compensatory time shall be used within 6 months. Cash must be paid at a time‑and‑one‑half rate for overtime beyond those limits.  A nonexempt employee's schedule may be altered within the workweek so that his or her work hours do not exceed 40. (For example, an employee working 2 extra hours on Monday may be directed to take 2 hours off on Tuesday.) When it is not possible to obtain prior approval for required overtime work and when that time cannot be compensated either through an adjusted workweek or with compensatory time, then a written request from the supervisor to the Administrative Office is required for payment of overtime.

   When possible, approved overtime shall be offered on a rotating basis beginning with the employee with the most seniority, although overtime may be assigned to an employee based on immediate availability or special job qualifications, however, the assignment of overtime will not be done in a discriminatory manner. If there are no volunteers, employees will be required to work overtime on a rotating basis beginning with the employee with the least seniority. Also, with the exception of probation officers and official court reporters, whenever possible when overtime is required, the employee shall be notified in advance that overtime work is, or may be, needed.  Any employee not given such notice may decline to work the requested overtime hours with no penalty attached.

   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. At times, a supervisor may direct an employee to take some accumulated compensatory time. The employee in such case must be notified at least 24 hours in advance of the compensatory time to be taken.

   Payment for accrued compensatory time upon termination of employment 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.

Amended 7-16-03

   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

   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

   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 December 31 paycheck information. 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. 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 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. Unless other agreements between the employee and the agencies involved have been made, no accumulated vacation leave may be transferred to the Nebraska Court System. The employee must arrange payment for that accumulated vacation leave 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.

   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 in 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; or when a member of the employee's immediate family demands his or her presence for any of the same purposes. The immediate family shall be considered as spouse, children, and parents.  At the supervisor's discretion, the definition of immediate family may be broadened. Employees may 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, nor can it be taken in advance.

   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 request a family/medical leave form from his or her supervisor.

   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 may 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.  If all earned sick and vacation leave is used, the employee may be granted continued sick leave without pay whether or not the employee is on family/medical 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, 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 termination or retirement from Nebraska Court System 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

   Up to 5 days of funeral leave may be granted for funerals in the immediate family. 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. Funeral leave shall not be charged to sick leave or vacation leave.  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 supervisor'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.

   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 will 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

   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

   1. The employee must be suffering a serious illness or injury resulting in a prolonged absence lasting at least thirty work days during the past six months. Note: As a general rule, illnesses which qualify as a “serious health condition” under the Family and Medical Leave Act could be considered eligible for catastrophic illness donation. (This would also include an immediate member of the employee’s family who would have a serious health condition that would require the employee’s presence.)

   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 9 months of donated leave may be received by an employee during a 12-month period.

   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 shifts 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 shift is counted even if an employee is absent for any portion of his or her assigned shift.

   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 (NWCC form 1). When this form is received from the supervisor, the Administrative Office shall have the responsibility of supplying all of the necessary information to the Office of Risk Management. 

   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 Office of Risk Management for coordination of workers’ compensation and family/medical leave benefits.

   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 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.

   Disciplinary actions are those actions taken by management in response to an employee's failure to meet the standards, objectives, or rules of the organization. The actions may affect pay, status, or tenure, and are taken in the best interests of the state, the Nebraska Supreme Court, and/or the employee work force.

   The decision to impose a disciplinary action and which type of action to impose shall be governed by the nature, severity, and effect of the offense; the type and frequency of previous offenses; the period of time elapsed since prior offensive acts; and consideration of extenuating circumstances.

   Responsibility to impose disciplinary action shall be vested in the employee's supervisor. 

   Supervisors are responsible for the administration of discipline which ensures due process provisions for employees being disciplined.

   The following procedures shall be observed:

1. The supervisor, upon obtaining information which would indicate the possibility of administering disciplinary action, shall inform the employee of the allegations orally and in writing.

2. The supervisor shall meet with the employee to verify the information and afford the employee an opportunity to refute the information or present mitigating evidence.

3. Based upon the information and evidence presented and the individual circumstances of the case, the supervisor shall determine the appropriate action to be taken.

4. If the supervisor decides to impose a disciplinary action, the employee shall be entitled to written notice of the proposed charges against him or her, citing the rule or policy violated and an explanation, including any written documentation of an agency's evidence against him or her. (Oral notice may be sufficient only when written notice is not expedient.)  The explanation should include a description of the incident involved and/or dates of occurrence to the extent the explanation would not impair the function or operation of the agency or expose the agency to legal liability.

5. Prior to imposing discipline the employee shall again 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.

6. When a supervisor meets with the employee to impose the disciplinary action, 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 (other than Written Warnings) shall be sent to the Administrative Office. 

   The following types and levels of disciplinary actions are to be prescribed in a progressive manner. 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.

   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, including promotions to positions;

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

   4. leave of absence 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.

   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. 

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 Supreme Court. In an effort to maintain a professional appearance as an employee of the Nebraska Supreme Court, 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 often 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 Supreme Court, but also to allow for flexibility and 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.

   This policy applies to all employees of the Nebraska Supreme Court operating in court and probation 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 such as remodeling or moving of offices or equipment. However, employees working in offices that are not accessible to the public shall follow their supervisor’s requirements for appearance.

   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.

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

   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 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.  The license number, the employee’s NIS number (the NIS number is shown on paycheck stub information available online), the owner of the automobile used, and the rate per mile being claimed should also be shown.  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.

   If an officer or employee chooses to use his or her personal automobile in lieu of air travel even though air travel is a more economical method of transportation, the officer or employee will be reimbursed only the amount equal to the cost of the airfare.  Other expenses such as lodging and meals that may be incurred because of traveling by personal automobile will not be reimbursed.

   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.                       

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 (Reissue 1999).

   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.

   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: http://www.supremecourt.ne.gov/jbe/pdf/jbe-request-commitment-of-funds.pdf.  

   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: http://www.supremecourt.ne.gov/forms/supreme-court-travel-report.shtml. 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.