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Judge orders Sarpy County commissioners to delay naming permanent replacement for treasurer

Sarpy County Treasurer Brian Zuger
Sarpy County Treasurer Brian Zuger(Sarpy County)
Updated: May. 28, 2021 at 10:17 AM CDT
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OMAHA, Neb. (WOWT) - A district court judge ordered Sarpy County commissioners on Friday to delay naming a replacement for Brian Zuger, the embattled former county treasurer who was fired from his job April 13.

Zuger is suing Sarpy County and on May 26 asked the court to stop his replacement from being named. Judge Geoffrey Hall issued a temporary injunction so the lawsuit to settle the matter could proceed. The next court date is set for August.

The commissioners had intended to appoint Tracy Jones to the spot today. Jones will stay in his interim role until the matter is settled in the courts.

Robert Schaefer, Zuger’s attorney, says his client is “very excited” with this decision and confident in getting his elected position back. “One of the main standards to grant an injunction is the high likelihood of success in our lawsuit.”

A state auditor’s report last month found several discrepancies in how the Treasurer’s Office distributed funds to schools and cities. While the funds weren’t missing, the board said it had lost confidence in his abilities to lead a department in charge of tens of millions of dollars. Since Zuger was elected by the people, Schaefer argued, his client’s due process rights were violated by having the board, and not a court, decide his fate.

Attorneys for Sarpy County have said Nebraska law gives the board the authority to remove someone from office. The case had beenmoved to Dodge County after Sarpy County judges recused themselves.

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