Schaffer v. Cass County

Appellant, a deputy sheriff at the Cass County sheriff’s office, was suspended for ten days. Appellant filed a grievance on his suspension. The Cass County Merit Commission affirmed the actions of the sheriff’s office. Forty-two days from the date the Commission orally announced its decision, Appellant filed a petition in error with the Cass County District Court. The notice of appeal was filed seventeen days after the date the Commission’s decision was faxed and mailed to Appellant’s counsel. The district court dismissed the appeal for lack of jurisdiction, concluding that the appeal was not filed within the thirty-day time period. The Supreme Court reversed, holding (1) although decisions rendered by an inferior tribunal, board or commission are typically final when they are announced on the record, Neb. Rev. Stat. 23-1734 - which requires that the order must be in writing, certified to the sheriff, and delivered - overrides that general rule; and (2) pursuant to section 23-1734, the appeal was timely. Remanded. View "Schaffer v. Cass County" on Justia Law