CHARGE, INVESTIGATION AND CONCILIATION

Omaha Municipal Code ch. 13, art. III, div. 6

in effect

Omaha Municipal Code § 13-134 Contents of charge.

Sec. 13-134. - Contents of charge. Any charge filed with the director shall: (a) State the name and address of the respondent; (b) Set forth the facts upon which the charge is based and such other information as may be required by the director; and (c) Be signed under oath or affirmation by the charging party. (Code 1980, § 13-134)

Omaha Municipal Code § 13-135 Timeliness of filing charge.

Sec. 13-135. - Timeliness of filing charge. A charge shall be filed with the director within 180 days after the alleged unlawful practice occurred or within 180 days after the charging party should reasonably have known about the alleged unlawful practice. (Code 1980, § 13-135)

Omaha Municipal Code § 13-136 Amendment of charge.

Sec. 13-136. - Amendment of charge. Any charge filed under the provisions of this division may be amended at any time prior to dismissal, as long as: (a) There is good cause for amending the charge; and (b) The respondent has adequate time to respond to the amendment of the charge. (Code 1980, § 13-136)

Omaha Municipal Code § 13-137 Service of charge.

Sec. 13-137. - Service of charge. The director shall serve or cause to be served a copy of any charge or amendment of any charge upon the respondent within ten days from the date a charge or amendment of a charge is filed with the director. (Code 1980, § 13-137)

Omaha Municipal Code § 13-138 Investigation authorized.

Sec. 13-138. - Investigation authorized. After a charge is filed with the director, the director may investigate such charge. Investigation may continue until the dismissal or conciliation of a charge, or the issuance of a final order by the hearing board. (Code 1980, § 13-138)

Omaha Municipal Code § 13-139 Scope of investigation.

Sec. 13-139. - Scope of investigation. In conducting an investigation, the director may request answers to interrogatories; may enter and inspect during normal business hours a respondent's business premises; may examine and copy records; and may question witnesses and otherwise examine such facts, conditions, practices or matters as the director determines relevant to a charge. If a respondent refuses to comply with the requests provided for herein, the director may request a hearing before the hearing board as more specifically provided for in section 13-140. (Code 1980, § 13-139)

Omaha Municipal Code § 13-140 Refusal to comply with request of director.

Sec. 13-140. - Refusal to comply with request of director. If a respondent refuses the director's request made pursuant to section 13-122(b) or section 13-139, the director may cause to be held a hearing before the hearing board for the purpose of determining the relevance of the request to the investigation of the charge. Notice of said hearing shall be served on the respondent by mail at least five days prior to the hearing, and the respondent shall have the right to appear in person or by attorney and be heard regarding the relevance of the director's request. If the hearing board determines the request to be relevant to the investigation of the charge, the hearing board shall issue an order requiring the respondent to comply with the request made by the director. (Code 1980, § 13-140)

Omaha Municipal Code § 13-141 No-cause determination and dismissal.

Sec. 13-141. - No-cause determination and dismissal. If the director determines after investigation that there is no reasonable cause to believe that an unlawful practice has been or is being engaged in, the director shall notify the charging party and the respondent that the director has so determined, and the director has administratively dismissed the charge. (Code 1980, § 13-141)

Omaha Municipal Code § 13-142 Cause determination and conciliation.

Sec. 13-142. - Cause determination and conciliation. If the director determines after investigation that there is reasonable cause to believe that an unlawful practice has been or is being engaged in, the director shall notify the charging party and the respondent that the director has so determined and shall endeavor to eliminate and remedy such practice by informal methods of conference, conciliation, persuasion and education. Said petition must be filed by the director within two years from the date on which the charge was filed with the department; however, if the director has invoked the hearing procedure set forth in section 13-140, the time for filing a petition shall be extended for the same period of time as that between the respondent's refusal to comply with the director's request and compliance with the hearing board's order. (Code 1980, § 13-142)

Omaha Municipal Code § 13-143 Successful conciliation.

Sec. 13-143. - Successful conciliation. If, after conference, conciliation, persuasion or education, the director is satisfied that any unlawful practice of the respondent will be eliminated and remedied, the director may treat the charge as conciliated. (Code 1980, § 13-143)

Omaha Municipal Code § 13-144 Breach of terms of conciliation.

Sec. 13-144. - Breach of terms of conciliation. In the event the director determines a respondent has breached or otherwise failed to perform any of the terms of an agreement resulting from conference, conciliation, persuasion or education, the director is authorized and empowered to: (a) Seek performance of the agreement in a court of competent jurisdiction. (b) Seek compensation for actual damages related to the breach of the agreement or the failure to perform under the terms of the agreement, in a court of competent jurisdiction. (c) Initiate and revive the original cause of action and bring the original cause of action before the hearing board or court of competent jurisdiction. (Code 1980, § 13-144)

Omaha Municipal Code § 13-145 Unsuccessful conciliation.

Sec. 13-145. - Unsuccessful conciliation. If the director cannot eliminate and remedy the unlawful practice through conference, conciliation, persuasion and/or education, the director may file a petition with the hearing board. (Code 1980, § 13-145)

Omaha Municipal Code § 13-146 Timeliness of filing petition.

Sec. 13-146. - Timeliness of filing petition. The director shall file a petition within 30 days of the date on which the director determines that the unlawful practice cannot be eliminated and remedied through conference, conciliation, persuasion and education. Said petition must be filed by the director within two years from the date on which the charge was filed with the department; however, if the director has invoked the hearing procedure set forth in section 13-140, the time for filing a petition shall be extended for the same period of time as that between the respondent's refusal to comply with the director's request and compliance with the hearing board's order. (Code 1980, § 13-146)

Omaha Municipal Code § 13-147 Amendment of petition.

Sec. 13-147. - Amendment of petition. The director may amend any petition filed under the provisions of this division at any time prior to or during the hearing based thereon, as long as: (a) The director can show good cause for amending the petition; and (b) The respondent has adequate time to respond to the amendment of the petition. (Code 1980, § 13-147)

Omaha Municipal Code § 13-148 Request for reconsideration after administrative dismissal—Filing; contents.

Sec. 13-148. - Request for reconsideration after administrative dismissal—Filing; contents. If the director has administratively dismissed a charge without filing a petition with the hearing board, the charging party may, within ten days after receipt of the notice of dismissal, request a reconsideration of the director's dismissal. The request shall: (a) Be in writing; (b) Contain a brief statement of the reasons for and any new evidence in support of the request for review; and (c) Be served on the respondent, the director and the chair of the human rights and relations board. (Code 1980, § 13-148; Ord. No. 37101, § 2, 8-9-05)

Omaha Municipal Code § 13-149 Same—Review of request.

Sec. 13-149. - Same—Review of request. If a request for reconsideration is made, the chair of the human rights and relations board shall review or shall appoint a human rights and relations board member to review the entire file. The chair or appointed member of the human rights and relations board may, in his or her discretion, hear the charging party and the director. The chair or appointed member of the human rights and relations board shall do the above in a private manner. (Code 1980, § 13-149; Ord. No. 37101, § 2, 8-9-05)

Omaha Municipal Code § 13-150 Same—Action on request.

Sec. 13-150. - Same—Action on request. The chair or appointed member of the human rights and relations board shall grant or deny the request for reconsideration. If the chair or appointed member grants the request for reconsideration, he or she shall remit the matter, together with recommendations, to the director for further action, if any. (Code 1980, § 13-150; Ord. No. 37101, § 2, 8-9-05)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH13HURI_ARTIIICIRIAN_DIV6CHINCOFetched: 10/28/2026