§ 84-713 — Settled claims; record required; contents; public record; certain settlement agreements; public agency; agenda item; applicability of section

Nebraska § 84-713

• Jurisdiction: Nebraska
• Ch. 84: State Officers

Text

(1) A public entity or public agency providing coverage
to a public entity, public official, or public employee shall maintain a public
written or electronic record of all settled claims. The record for all such
claims settled in the amount of fifty thousand dollars or more, or one percent
of the total annual budget of the public entity, whichever is less, shall
include a written executed settlement agreement. The settlement agreement
shall contain a brief description of the claim, the party or parties released
under the settlement, and the amount of the financial compensation, if any,
paid by or to the public entity or on its behalf.
(2) Any
claim or settlement agreement involving a public entity shall be a public
record but, to the extent permitted by sections 84-712.04 and 84-712.05 and
as otherwise provided by statute, specific portions of the claim or settlement
agreement may be withheld from the public. A private insurance company or
public agency providing coverage to the public entity shall, without delay,
provide to the public entity a copy of any claim or settlement agreement to
be maintained as a public record.
(3) Except for settlement agreements involving
the state, any state agency, or any employee of the state or pursuant to claims
filed under the State Tort Claims Act, any settlement agreement with an amount
of financial consideration of fifty thousand dollars or more, or one percent
of the total annual budget of the public entity, whichever is less, shall
be included as an agenda item at the next meeting of a public agency providing
coverage to a public entity and as an agenda item on the next regularly scheduled
public meeting of the public body for informational purposes or for approval
if required.
(4) For purposes of this section, a confidentiality or nondisclosure
clause or provision contained in or relating to a settlement agreement shall
neither cause nor permit a settlement agreement or the claim or any other
public record to be withheld from the public. Nothing in this section shall
require a public official or public employee or any party to the settlement
agreement to comment on the settlement agreement.
(5) For purposes
of this section:
(a) Confidentiality or nondisclosure clause or provision means any
covenant or stipulation adopted by parties to a settlement agreement that
designates the settlement agreement, the claim, or any other public record
as confidential, or in any other way restricts public access to information
concerning the settlement agreement or claim;
(b) Public body
means public body as defined in subdivision (1) of section 84-1409 ;
(c)
Public entity means a public entity listed in subdivision (1) of section 84-712.01 ;
and
(d) Settlement agreement means any contractual agreement to settle
or resolve a claim involving a public entity or on behalf of the public entity,
a public official, or a public employee by (i) the public entity, (ii) a private
insurance company, or (iii) a public agency providing coverage.
(6) This section does
not apply to claims made in connection with insured or self-insured health
insurance contracts.

Legislative History

Source: Laws 2010, LB742, § 1. Cross References: State Tort Claims Act, see section 81-8,235.