Nebraska Statutes 20-330. Conciliation proceedings; investigations; restrictions on use of information
(1) Except as provided in subsection (5) of section 20-327, nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under the Nebraska Fair Housing Act without the written consent of the persons concerned. All records compiled in the course of conciliation activities shall be exempt from public release. The commission may release any fully executed conciliation agreement.
Terms Used In Nebraska Statutes 20-330
- Aggrieved person: shall include any person who:
(1) Claims to have been injured by a discriminatory housing practice. See Nebraska Statutes 20-304
- Commission: shall mean the Equal Opportunity Commission. See Nebraska Statutes 20-305
- Complainant: shall mean the person, including the commission, who files a complaint under section Nebraska Statutes 20-306
- Conciliation: shall mean the attempted resolution of issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent, and the commission. See Nebraska Statutes 20-307
- Conciliation agreement: shall mean a written agreement setting forth the resolution of the issues in conciliation. See Nebraska Statutes 20-308
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2)(a) Notwithstanding subsection (1) of this section, the commission shall make available to the aggrieved person and the respondent, upon request, following the completion of an investigation, information derived from an investigation and any final investigative report relating to that investigation.
(b) The commission’s release of information pursuant to subdivision (2)(a) of this section is subject to the federal Privacy Act of 1974, Public Law 93-579, as such act existed on January 1, 2005, and any other state or federal laws limiting the release of confidential information obtained in the course of an investigation under the Nebraska Fair Housing Act.
(3) Notwithstanding subsections (1) and (2) of this section, materials in the investigative file shall be disclosed to the complainant and respondent to the extent reasonably necessary to further the investigation or conciliation discussions.