84-713 Settled claims; record required; contents; public record; certain settlement agreements; public agency; agenda item; applicability of section. - Nebraska Statutes

84-713. Settled claims; record required; contents;public record; certain settlement agreements; public agency; agenda item;applicability of section.(1) A public entity or public agency providing coverageto a public entity, public official, or public employee shall maintain a publicwritten or electronic record of all settled claims. The record for all suchclaims settled in the amount of fifty thousand dollars or more, or one percentof the total annual budget of the public entity, whichever is less, shallinclude a written executed settlement agreement. The settlement agreementshall contain a brief description of the claim, the party or parties releasedunder the settlement, and the amount of the financial compensation, if any,paid by or to the public entity or on its behalf.(2) Anyclaim or settlement agreement involving a public entity shall be a publicrecord but, to the extent permitted by sections 84-712.04 and 84-712.05 andas otherwise provided by statute, specific portions of the claim or settlementagreement may be withheld from the public. A private insurance company orpublic agency providing coverage to the public entity shall, without delay,provide to the public entity a copy of any claim or settlement agreement tobe maintained as a public record.(3) Except for settlement agreements involvingthe state, any state agency, or any employee of the state or pursuant to claimsfiled under the State Tort Claims Act, any settlement agreement with an amountof financial consideration of fifty thousand dollars or more, or one percentof the total annual budget of the public entity, whichever is less, shallbe included as an agenda item at the next meeting of a public agency providingcoverage to a public entity and as an agenda item on the next regularly scheduledpublic meeting of the public body for informational purposes or for approvalif required.(4) For purposes of this section, a confidentiality or nondisclosureclause or provision contained in or relating to a settlement agreement shallneither cause nor permit a settlement agreement or the claim or any otherpublic record to be withheld from the public. Nothing in this section shallrequire a public official or public employee or any party to the settlementagreement to comment on the settlement agreement.(5) For purposesof this section:(a) Confidentiality or nondisclosure clause or provision means anycovenant or stipulation adopted by parties to a settlement agreement thatdesignates the settlement agreement, the claim, or any other public recordas confidential, or in any other way restricts public access to informationconcerning the settlement agreement or claim;(b) Public bodymeans 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 settleor 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 privateinsurance company, or (iii) a public agency providing coverage.(6) This section doesnot apply to claims made in connection with insured or self-insured healthinsurance contracts. SourceLaws 2010, LB742, § 1.Effective Date: July 15, 2010 Cross ReferencesState Tort Claims Act, see section 81-8,235.