Beyer, 100182 NEAGO, AGO 82279

Docket Nº:AGO 82279
Case Date:October 01, 1982
Court:Nebraska
 
FREE EXCERPT
Senator Emil E. Beyer
AGO 82279
No. 82279
Nebraska Attorney General Opinions
State of Nebraska Office of the Attorney General
October 1, 1982
          September 24, 1982           GERALD S. VITAMVAS, Deputy Attorney General.           ASSISTANT ATTORNEYS GENERAL GARY R. WELCH JOHN P. REGAN DALE L. BABCOCK, JR. ROBERT G. AVEY RANDALL E. SIMS JOHN E. BROWN WILLIAM J. ORESTER SHARON M. LINDGREN.          Senator Emil E. Beyer, Jr.          Nebraska State Legislature          State Capitol          Lincoln, NE 68509           WARREN D. LICHTY, JR. Assistant Attorney General Chief Counsel Department of Roads.          Dear Senator Beyer:          You have asked for a definition of the term "full time surveyor" as that term is used in Neb.Rev.Stat. §32-308 (1982 Supp.), in order to determine if corrective legislation is necessary, to allow county surveyors to retain fees for work done after normal courthouse hours. Although that term has not been defined by statute, "full time" has been defined by the Nebraska Supreme Court in litigation involving "full time" deputy sheriffs. In Grace v. County of Douglas, 178 Neb. 690, 134 N.W.2d 818 (1965), the court states on page 694 as follows:
Websters New International Dictionary (2d Ed.), p. 1018, defines "full time" as follows: "The amount of time considered the normal or standard amount for working during a given period, as a day, week, or month." It is evident that the ordinary meaning of the term and the one we can assume to be embraced within the legislative intent would be the usual working day for the performance of the duties of the particular office.
         In the case of county surveyors, full time would be that amount of time considered to be the usual, normal, or standard work day of a county officer. "Full time" therefore, would not include work performed during hours after a standard or normal work day. Presumably, this would exclude work performed during hours other than normal courthouse hours.          You have further inquired about the retention of fees received by the county surveyor for work performed for individuals after normal courthouse hours. Absent agreement with the county board to the contrary, such fees may be retained by the county surveyor.          Neb.Rev.Stat. §23-1901.01 (1982 Supp.) provides in pertinent part:
When there is no qualified surveyor within a county who will accept the office of county surveyor, the county board of such county may employ a competent
...

To continue reading

FREE SIGN UP