81-1456. Employment of law enforcement officer; submit personnel change in status form; record; contents; report of termination or resignation in lieu of termination.

(1) The chief of police, sheriff, Superintendent of Law Enforcement and Public Safety, or the head administrator of a law enforcement agency or an agency employing a law enforcement officer shall submit a personnel change in status form as approved by the Nebraska Police Standards Advisory Council to the director of the Nebraska Law Enforcement Training Center within seven calendar days after the date a law enforcement officer is hired by the agency or leaves employment with the agency.

(2) Each law enforcement agency or agency employing a law enforcement officer shall maintain a record regarding the reason or reasons for, and circumstances surrounding, a separation of service for each law enforcement officer employed by that agency. Such record shall be retained for five years following a law enforcement officer's separation from the agency.

(3) Each law enforcement agency or agency employing a law enforcement officer shall maintain any and all records of officer conduct which could constitute grounds for revocation or suspension of a law enforcement certification by the Nebraska Commission on Law Enforcement and Criminal Justice. Such record shall include any and all records of conduct which could constitute: (a) Incompetence; (b) neglect of duty; (c) incapacity; (d) dishonesty; (e) a felony violation of state or federal law; (f) a misdemeanor violation of state or federal law, if the violation has a rational connection with the officer's fitness or capacity to serve as a law enforcement officer; or (g) a violation of the officer's oath of office, code of ethics, or statutory duties. Such record shall be retained for the duration of the law enforcement officer's employment with the agency and for ten years following his or her separation from the agency.

(4) The chief of police, sheriff, Superintendent of Law Enforcement and Public Safety, or the head administrator of a law enforcement agency or an agency employing a law enforcement officer shall make a report to the Nebraska Commission on Law Enforcement and Criminal Justice of any law enforcement officer who is terminated from employment or allowed to resign in lieu of termination for conduct that could constitute: (a) Incompetence; (b) neglect of duty; (c) incapacity; (d) dishonesty; (e) a felony violation of state or federal law; (f) a misdemeanor violation of state or federal law, if the violation has a rational connection with the officer's fitness or capacity to serve as a law enforcement officer; or (g) a violation of the officer's oath of office, code of ethics, or statutory duties. The report shall include, but not be limited to, a summary of the allegations pertaining to the officer and identification of any witnesses relevant to the allegations, and shall be filed with the commission within thirty calendar days of the termination or resignation in lieu of termination.

(5) Failure to comply with this section shall constitute neglect of duty.

(6) For purposes of this section:

(a) Felony has the same meaning as in section 81-1401;

(b) Incapacity has the same meaning as in section 81-1401;

(c) Law enforcement agency has the same meaning as in section 81-1401; and

(d) Law enforcement officer has the same meaning as in section 81-1401.

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