Kier v. County of Hall
30 Neb. Ct. App. 1
| Neb. Ct. App. | 2021Background
- Melissa Kier, a Hall County deputy, was covered by collective bargaining agreements (2016–19; 2019–21) with FOP #10 that (a) required annual shift bidding by seniority and (b) reserved unspecified management rights to the sheriff, including directing and transferring employees and requiring 30 days’ advance notice for transfers.
- After the 2018 bid Kier was placed on night shift; supervisors documented multiple performance problems and issued reprimands in 2018–19.
- In May 2019 Sheriff Rick Conrad informed Kier she would be transferred to day shift (with 30 days’ notice) and later instructed the union to limit Kier’s rebid options to day shifts after a vacancy prompted a rebid.
- Kier and FOP #10 grieved; the Hall County Sheriff’s Department Merit Commission held a hearing, ruled Conrad could not bar Kier from bidding by seniority, ordered Kier’s letter removed, required an immediate rebid, but observed the Merit Commission regulations permit the sheriff to transfer deputies between shifts.
- The district court affirmed the Merit Commission. On appeal the Court of Appeals affirmed, holding the CBAs’ article reserving management rights gave the sheriff authority to transfer deputies between shifts (with the contract’s 30‑day notice procedure), so it did not reach the separate question of the Merit Commission regulations’ validity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CBA shift‑bidding by seniority bars the sheriff from transferring deputies between shifts | Kier: CBA prohibits disregarding an employee’s chosen shift based on performance; sheriff cannot transfer in contravention of bid results | County: Article III reserves management rights to sheriff, including transfer authority; CBA also requires 30 days’ notice which was given | Held: Article III grants sheriff right to transfer deputies; 30‑day notice complied with CBA; sheriff may transfer post‑bid |
| Whether Merit Commission regulations override or preclude transfer authority under the CBA | Kier/FOP: Commission regulations and CBA shift provisions should prevent transfers; regulations invalid or inapplicable | County: Commission and CBA permit management transfers; regulations consistent with sheriff’s authority | Held: Court did not decide regulatory validity because CBA alone conferred transfer power; affirmed Merit Commission outcome (rebid permitted; sheriff retains transfer right) |
Key Cases Cited
- Douglas County v. Archie, 295 Neb. 674, 891 N.W.2d 93 (2017) (standard of review for administrative agency decision on petition in error)
- Bierman v. Benjamin, 305 Neb. 860, 943 N.W.2d 269 (2020) (contract ambiguity and interpretation principles)
- Equestrian Ridge v. Equestrian Ridge Estates II, 308 Neb. 128, 953 N.W.2d 16 (2021) (contracts construed as whole; give effect to all provisions)
- AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020) (appellate courts need not decide unnecessary issues)