CHARGES AGAINST CITY

Omaha Municipal Code ch. 13, art. III, div. 8

in effect

Omaha Municipal Code § 13-177 Contents of charge.

Sec. 13-177. - Contents of charge. Any charge filed with the director against the city shall: (a) State the name and address of the city; (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, § 13-177)

Omaha Municipal Code § 13-178 Timeliness of filing charge.

Sec. 13-178. - Timeliness of filing charge. A charge against the city 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, § 13-178)

Omaha Municipal Code § 13-179 Amendment of charge.

Sec. 13-179. - Amendment of charge. Any charge filed against the city 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 city has adequate time to respond to the amendment of the charge. (Code 1980, § 13-179)

Omaha Municipal Code § 13-180 Service of charge.

Sec. 13-180. - Service of charge. The director shall serve or cause to be served a copy of any charge or amendment of any charge upon the mayor, the city attorney and the human resources director within ten days from the date a charge or amendment of a charge is filed with the director. (Code 1980, § 13-180; Ord. No. 37101, § 1, 8-9-05)

Omaha Municipal Code § 13-181 Investigation authorized.

Sec. 13-181. - 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. (Code 1980, § 13-181)

Omaha Municipal Code § 13-182 Scope of investigation.

Sec. 13-182. - Scope of investigation. In conducting an investigation, the director may request the city's answers to interrogatories; may enter and inspect during normal business hours 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. (Code 1980, § 13-182)

Omaha Municipal Code § 13-183 No-cause determination and dismissal.

Sec. 13-183. - 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 mayor, city attorney and human resources director that the director has so determined, and the director has administratively dismissed the charge. (Code 1980, § 13-183; Ord. No. 37101, § 1, 8-9-05)

Omaha Municipal Code § 13-184 Cause determination and conciliation.

Sec. 13-184. - 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 mayor, city attorney and human resources director that the director has so determined and shall endeavor to eliminate and remedy such practice by informal methods of conference, conciliation, persuasion and education. (Code 1980, § 13-184; Ord. No. 37101, § 1, 8-9-05)

Omaha Municipal Code § 13-185 Successful conciliation.

Sec. 13-185. - Successful conciliation. If, after conference, conciliation, persuasion or education, the director is satisfied that any unlawful practice of the city will be eliminated and remedied, the director may treat the charge as conciliated. (Code 1980, § 13-185)

Omaha Municipal Code § 13-186 Unsuccessful conciliation.

Sec. 13-186. - Unsuccessful conciliation. If the director cannot eliminate and remedy the unlawful practice through conference, conciliation, persuasion and/or education, the director shall: (a) Administratively dismiss the charge as an unsuccessful conciliation; (b) Notify the charging party, the mayor, the city attorney and the human resources director regarding the administrative dismissal; (c) Advise the charging party regarding avenues available under state and federal laws, rules and regulations; and (d) Notify any state and federal agencies, with which the charging party filed the same charge, regarding the administrative dismissal. (Code 1980, § 13-186; Ord. No. 37101, § 1, 8-9-05)

Omaha Municipal Code § 13-187 Request for reconsideration after administrative dismissal—Filing; contents.

Sec. 13-187. - Request for reconsideration after administrative dismissal—Filing; contents. If the director has administratively dismissed a charge against the city, 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 director and the chair of the human rights and relations board. (Code 1980, § 13-187; Ord. No. 37101, § 2, 8-9-05)

Omaha Municipal Code § 13-188 Same—Review of request.

Sec. 13-188. - 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, § 13-188; Ord. No. 37101, § 2, 8-9-05)

Omaha Municipal Code § 13-189 Same—Action on request.

Sec. 13-189. - 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, § 13-189; 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_DIV8CHAGCIFetched: 10/28/2026