Chapter 50, LEGISLATURE
184 sections in this chapter.
Neb. Rev. Stat. § 50-1901 Act, how cited.
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Sections 50-1901 to 50-1921 shall be known and may be cited as the Office of Inspector General of the Nebraska Correctional System Act.
Neb. Rev. Stat. § 50-1902 Office of Inspector General of the Nebraska Correctional System; legislative findings and declarations.
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The Legislature finds and declares that: (1) It is within the inherent power of the Legislature to secure needed information in order to legislate, hold hearings, and conduct investigations of matters related to the operation of state government. This power of inquiry is broad an…
Neb. Rev. Stat. § 50-1903 Legislative intent.
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(1) It is the intent of the Legislature that the office of Inspector General of the Nebraska Correctional System: (a) Assist in improving operations of the department and the Nebraska correctional system; (b) Provide an independent form of inquiry for concerns regarding the actio…
Neb. Rev. Stat. § 50-1904 Terms, defined.
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For purposes of the Office of Inspector General of the Nebraska Correctional System Act, the following definitions apply: (1) Administrator means a person charged with administration of (a) a program or an office of the department or (b) a private agency; (2) Department means the…
Neb. Rev. Stat. § 50-1905 Office of Inspector General of the Nebraska Correctional System; created; Inspector General; appointment; term; qualifications; employees; removal.
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(1) The office of Inspector General of the Nebraska Correctional System is created within the Division of Legislative Oversight for the purpose of conducting investigations, audits, inspections, and other oversight of the Nebraska correctional system for the Legislature. The Insp…
Neb. Rev. Stat. § 50-1906 Office; duties; law enforcement agencies and prosecuting attorneys; cooperation; confidentiality; witness; counsel; powers of office.
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(1) The office shall investigate: (a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of the department by an employee of or a person under contract with the department or a private agency; (b) Death …
Neb. Rev. Stat. § 50-1907 Complaints to office; form; full investigation; when; notice.
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(1) Complaints to the office may be made in writing. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department by an employee of or a person under contract with …
Neb. Rev. Stat. § 50-1908 Office; access to information and personnel; cooperation with office; when required.
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(1) The office shall have access to all information and personnel necessary to perform the duties of the office and to carry out the Office of Inspector General of the Nebraska Correctional System Act. (2) All employees of the department and all owners, operators, managers, super…
Neb. Rev. Stat. § 50-1909 Failure to cooperate; effect.
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Failure to cooperate with an investigation by the office may result in public disclosure of the failure to cooperate.
Neb. Rev. Stat. § 50-1910 Subpoenas; request of the Inspector General; Legislative Oversight Committee; powers and duties; litigation; appeal; fees and expenses.
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(1) At the request of the Inspector General, and after receiving prior approval by a majority vote of the Executive Board of the Legislative Council, the Legislative Oversight Committee may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant…
Neb. Rev. Stat. § 50-1911 Office; full investigation; access to records; subpoena; records; statement of record integrity and security; contents; treatment of records; interviews.
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(1) A full investigation conducted by the office shall consist of (a) access to and retrieval of all relevant records through compliance with a request of the office, by voluntary production, or by subpoena, (b) review of all relevant records, and (c) interviews of all relevant p…
Neb. Rev. Stat. § 50-1912 Reports of investigations; distribution; redact confidential information; powers of office; disclosure of confidential information; summarized final report; release.
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(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General. (2) The office shall redact confidential information before distributing a report of an investigation. …
Neb. Rev. Stat. § 50-1913 Department; provide access to information; manner; objections.
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(1) The department shall provide the Director of Legislative Oversight and the office with access to records, reports, and documents maintained by the department in connection with administration of the Nebraska correctional system and the Nebraska parole system. The Director of …
Neb. Rev. Stat. § 50-1914 Inspector General's report of investigation; contents; distribution.
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(1) The Inspector General's report of an investigation shall be in writing and may contain recommendations for systemic reform. A report of an investigation shall be presented to the Director of Legislative Oversight and the chairperson of the Legislative Oversight Committee. The…
Neb. Rev. Stat. § 50-1915 Report; director; accept, reject, or request modification; when final; written response; corrected report; appended material.
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(1) Within fifteen business days after a report is presented to the director under section 50-1914, the director may determine whether to accept, reject, or request modification of the recommendations contained in the report. Any response shall be in writing and may include corre…
Neb. Rev. Stat. § 50-1916 Report or work product; no court review.
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No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of the Inspector General's staff shall be required to testify or produce evidence in any judicial or administrative proceedi…
Neb. Rev. Stat. § 50-1917 Inspector General; investigation of complaints; priority and selection.
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The Office of Inspector General of the Nebraska Correctional System Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Director of Legislative Oversight, shall prioritize and select investigations and inquiries tha…
Neb. Rev. Stat. § 50-1918 Report; contents.
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On or before October 15 of each year, the Inspector General shall provide to the Legislature and the Governor a report that includes a summary of reports and investigations made under the Office of Inspector General of the Nebraska Correctional System Act for the preceding year. …
Neb. Rev. Stat. § 50-1919 Disclosure of information by employee; personnel actions prohibited.
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Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority: (1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the emplo…
Neb. Rev. Stat. § 50-1920 Inspector General; report conduct; when.
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If the Inspector General has reason to believe that any public officer or employee has acted in a manner that warrants criminal or disciplinary action or proceedings, the Inspector General shall report the matter to the department or other appropriate authorities.
Neb. Rev. Stat. § 50-1921 Confidential information and confidential records; access; sharing; restrictions; grounds for dismissal.
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(1) Notwithstanding any other provision of law, the office shall have access to confidential information and confidential records necessary to carry out its responsibilities. (2) Except as otherwise provided by law, any confidential information or confidential records shared with…
Neb. Rev. Stat. § 50-2001 Act, how cited.
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Sections 50-2001 to 50-2018 shall be known and may be cited as the Office of Public Counsel Act.
Neb. Rev. Stat. § 50-2002 Terms, defined.
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As used in the Office of Public Counsel Act, unless the context otherwise requires: (1) Administrative agency shall mean any department, board, commission, or other governmental unit, any official, any employee of the State of Nebraska acting or purporting to act by reason of con…
Neb. Rev. Stat. § 50-2003 Public Counsel; established; powers and duties; appointment.
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The office of Public Counsel is hereby established to exercise the authority and perform the duties under the Office of Public Counsel Act. The Public Counsel shall be appointed by the Legislature, with the vote of two-thirds of the members required for approval of such appointme…
Neb. Rev. Stat. § 50-2004 Public Counsel; qualifications.
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The Public Counsel shall be a person well equipped to analyze problems of law, administration, and public policy and during such person's term of office shall not be actively involved in partisan affairs. No person may serve as Public Counsel within two years of the last day on w…
Neb. Rev. Stat. § 50-2005 Public Counsel; term; removal; vacancy; salary.
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The Public Counsel shall serve for a term of six years, unless removed for cause as determined by a two-thirds vote of the members of the Legislature or, if the Legislature is not in session, by a two-thirds vote of the members of the Legislative Council. If the office of Public …
Neb. Rev. Stat. § 50-2006 Public Counsel; personnel; appointment; compensation; authority.
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(1) The Public Counsel may select, appoint, and compensate as the Public Counsel sees fit, within the amount available by appropriation, such assistants and employees as the Public Counsel deems necessary to discharge the responsibilities under the Office of Public Counsel Act. T…
Neb. Rev. Stat. § 50-2007 Public Counsel; powers; enumerated.
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The Public Counsel shall have the power to: (1) Investigate, on complaint or on the Public Counsel's own motion, any administrative act of any administrative agency; (2) Prescribe the methods by which complaints are to be made, received, and acted upon; determine the scope and ma…
Neb. Rev. Stat. § 50-2008 Public Counsel; particular administrative acts; review.
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(1) In selecting matters for attention, the Public Counsel shall particularly review an administrative act that might be: (a) Contrary to law or regulation; (b) Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's judgments; (c) …
Neb. Rev. Stat. § 50-2009 Public Counsel; complaint; investigation; decision; notify complainant.
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(1) The Public Counsel may receive a complaint from any person concerning an administrative act. The Public Counsel shall conduct a suitable investigation into the things complained of unless the Public Counsel believes that: (a) The complainant has another remedy available which…
Neb. Rev. Stat. § 50-201 Legislative findings.
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The Legislature hereby finds and declares (1) that the Constitution of Nebraska, by expressly providing for the legislative branch of government, implies the powers and the duty to provide the means, accessories, and instrumentalities to carry into effect the purposes for which t…
Neb. Rev. Stat. § 50-2010 Public Counsel; complaint; conclusion or recommendation; consult with agency or person.
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Before announcing a conclusion or recommendation that expressly or impliedly criticizes an administrative agency or any person, the Public Counsel shall consult with such agency or person.
Neb. Rev. Stat. § 50-2011 Public Counsel; agency; information; recommendations.
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(1) If, having considered a complaint and whatever material the Public Counsel deems pertinent, the Public Counsel is of the opinion that an administrative agency should (a) consider the matter further, (b) modify or cancel an administrative act, (c) alter a regulation or ruling,…
Neb. Rev. Stat. § 50-2012 Public Counsel; conclusions; report; inclusions.
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The Public Counsel may report conclusions and suggestions by transmitting them to the Governor, the Legislature or any of its committees, the press, and others who may be concerned. When publishing an opinion adverse to an administrative agency, the Public Counsel shall include a…
Neb. Rev. Stat. § 50-2013 Public Counsel; reports; time; contents.
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(1) In addition to whatever reports the Public Counsel may make from time to time, the Public Counsel shall no later than February 15 of each year report to the Clerk of the Legislature and to the Governor concerning the exercise of the Public Counsel's functions during the prece…
Neb. Rev. Stat. § 50-2014 Public Counsel; public officer or employee; acted to warrant criminal proceedings; refer to proper authorities.
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If the Public Counsel has reason to believe that any public officer or employee has acted in a manner warranting criminal or disciplinary proceedings, the Public Counsel shall refer the matter to the appropriate authorities.
Neb. Rev. Stat. § 50-2015 Public Counsel; proceedings, opinion, expression; not reviewable by court; not subject to testify or produce evidence.
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(1) No proceeding, opinion, or expression of the Public Counsel shall be reviewable in any court. Neither the Public Counsel nor any member of the Public Counsel's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matte…
Neb. Rev. Stat. § 50-2016 Violations; penalty; state employee; complaint; effect; witness; agency counsel; powers.
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(1) A person who willfully obstructs or hinders the proper exercise of the Public Counsel's functions, or who willfully misleads or attempts to mislead the Public Counsel's inquiries, shall be guilty of a Class II misdemeanor. No employee of the State of Nebraska who files a comp…
Neb. Rev. Stat. § 50-2017 Confidential information or confidential records; sharing; restrictions; grounds for dismissal.
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(1) Except as otherwise provided by law, any confidential information or confidential records shared with the office of Public Counsel shall remain confidential and shall not be shared by an employee of the office with any person who is not an employee of the office, including an…
Neb. Rev. Stat. § 50-2018 Subpoenas; request of Public Counsel; Executive Board of the Legislative Council; powers and duties; litigation; appeal; fees and expenses.
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(1) At the request of the Public Counsel, the Executive Board of the Legislative Council, by a majority vote, may issue subpoenas in connection with a specific inquiry or investigation undertaken pursuant to the Office of Public Counsel Act to compel the production of records and…
Neb. Rev. Stat. § 50-202 Members; expenses allowed; when.
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Each member of the Legislature shall be allowed necessary expenses incurred while performing in the official capacity as a member of the Legislature.
Neb. Rev. Stat. § 50-203 Expenses; Executive Board of the Legislative Council; powers and duties.
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The Executive Board of the Legislative Council shall adopt policies to carry out section 50-202. The policies shall allow each member of the Legislature to receive per diem expenses based upon ordinary and necessary business expenses as permitted by section 162 of the Internal Re…
Neb. Rev. Stat. § 50-401 Legislative Council; members; functions.
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There is hereby created a Legislative Council, hereinafter referred to as council, which shall consist of all of the members of the Legislature. It shall be the function of the Legislative Council to consider legislative policies between sessions of the Legislature and carry out …
Neb. Rev. Stat. § 50-401.01 Legislative Council; executive board; members; selection; powers and duties.
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(1) The Legislative Council shall have an executive board, to be known as the Executive Board of the Legislative Council, which shall consist of a chairperson, a vice-chairperson, and six members of the Legislature, to be chosen by the Legislature at the commencement of each regu…
Neb. Rev. Stat. § 50-402 Legislative Council; office; duties.
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The Legislative Council shall occupy and maintain offices in the State Capitol. It shall be the duty of the council: (1) To collect information concerning the government and general welfare of the state; (2) To examine the effects of previously enacted statutes and recommend amen…
Neb. Rev. Stat. § 50-404 Legislative Council; executive board; special committees; civil or criminal actions; exempt; when.
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The executive board shall have power and authority to appoint committees of the Legislative Council and assign subjects to them for study and reports. No member of the Legislature shall be liable in any civil or criminal action whatever for words spoken at an authorized committee…
Neb. Rev. Stat. § 50-405 Legislative Council; duties; investigations; studies.
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It shall be the duty of the council (1) to investigate and study the possibilities for consolidation in state government for elimination of all unnecessary activities and of all duplication in office personnel and equipment and of the coordination of departmental activities or of…
Neb. Rev. Stat. § 50-406 Legislature; power of inquiry; Legislative Council; Legislative Oversight Committee; committees; public hearings; oaths; subpoenas; books and records; examination; litigation; appeal.
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(1) It is within the inherent power of the Legislature, including the Legislative Council, the Legislative Oversight Committee, and any standing committee of the Legislature, to secure needed information in order to legislate, hold hearings, and administer oaths, as the council o…
Neb. Rev. Stat. § 50-406.01 Subpoena; renewal; procedure; rules; legislative authority; referencing; not justiciable.
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(1)(a) If a member of the Legislature, the Public Counsel, the Inspector General of Nebraska Child Welfare, the Inspector General of the Nebraska Correctional System, or the Legislative Auditor presents a newly constituted Legislature with a subpoena issued pursuant to section 50…
Neb. Rev. Stat. § 50-407 Legislative Council; committees; subpoenas; enforcement; refusal to testify; procedure.
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(1) In case of disobedience on the part of any person, including a representative of a state agency or political subdivision, to comply with any subpoena issued pursuant to section 50-406 or in case of the refusal of any witness to testify on any matters regarding which the witne…