Sarpy County attorney, Board of Commissioners continue legal battle

SARPY COUNTY, Neb. —

Sarpy County Attorney Lee Polikov has filed an appeal to the Nebraska Supreme Court after a judge dismissed his lawsuit against the Sarpy County Board of Commissioners, calling the case a “separation of powers issue.”

The lawsuit originated when the board demanded Polikov fire a deputy county attorney for what they described as “serious misconduct.”

When Polikov refused, the board restricted the attorney’s access to county property, prompting Polikov to file the lawsuit.

“The county board can’t step in and operate my office and tell me who I can put into courtrooms and who I can’t,” Polikov said.

Polikov has accused the board of wasting taxpayer dollars by hiring outside counsel, despite his office having six lawyers available to provide legal counsel to the board.

He also criticized the board for continuing to pay the deputy attorney’s salary while restricting him from working.

“The taxpayers paid him not to work. He quit at the beginning of last month and joined a firm,” Polikov said.

Board Chair Don Kelly stated that the employee resigned in May and had a salary of $144,449.34.

Kelly defended the board’s actions, saying in part, “…the board stepped in and lawfully exercised its legal authority to protect its employees.”

Polikov argued that the board should not have been involved.

“The only authority the county board has is budget,” Polikov said. “They need to stay in their one of three lanes.”

Kelly countered, calling Polikov’s characterization of the board’s authority “totally incorrect” and accusing him of failing to adequately address the employee’s misconduct.

Polikov, who is retiring at the end of the year, said the case sets a “terrible precedent” and warned that if the board can override his authority, they could do the same to any county attorney.