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Nebraska Equal Opportunity Commission losing U.S. funding

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BY OSKAR GARCIA / The Associated Press

Thursday, Apr 17, 2008 - 08:21:00 pm CDT



OMAHA — A federal agency is immediately pulling funding from a Nebraska commission designed to fight housing discrimination, citing in part the state attorney general’s refusal to prosecute a case on behalf of two illegal immigrants.

A U.S. Department of Housing and Urban Development official said Thursday that it would no longer reimburse the state for pursuing discrimination cases and would stop forwarding complaints it receives to the Nebraska Equal Opportunity Commission.

“We believe that the people of Nebraska are not gaining their full rights under federal fair housing laws — so we can’t let that happen,’’ Bryan Greene of the Housing and Urban Development department told The Associated Press.

In a statement released by his office Thursday, Bruning said his office and the state commission are working on a memorandum of understanding that should address the concerns raised by federal housing agency.

“We share a common goal of prosecuting only those cases where discrimination can be proven in court,’’ Bruning said. “I understand commission employees are hardworking people. We’ll help the (commission’s) staff better their investigations and build strong cases.’’

The decision cannot be appealed, but the federal agency can choose to refund the state in 30 days if it improves, Greene said.

Otherwise, the state commission could be decertified, leaving the federal agency to pursue Nebraska landlords who violate U.S. civil rights laws.

“It’s not something we do lightly,’’ said Greene, who noted that local and state agencies elsewhere have been decertified in the past, but not frequently.

Greene said 37 states and the District of Columbia, as well as 70 other municipalities, get funding from Housing and Urban Development, but are required to have laws and policies comparable to federal housing laws. Otherwise, the federal agency takes the cases.

Nebraska gets $2,400 in federal money for each case it investigates, said Anne Hobbs, executive director of the Nebraska Equal Opportunity Commission. Hobbs estimates the commission would lose $240,000 annually if can’t satisfy federal officials.

“We would lose a significant number of staff,’’ she said. “It starts to have kind of a domino effect’’ on other commission functions.

The commission — which also pursues job discrimination and public accommodation cases — expected to meet Friday to decide what to do next.

The commission has bitterly fought with Attorney General Jon Bruning over his refusal to file lawsuits based on complaints forwarded to his office.

After the commission forwarded the latest case involving the illegal immigrants, Bruning said the state should consider shutting down the commission entirely. He said he would not use taxpayer money to pursue a case on behalf of an illegal immigrant, even if he or she had a legitimate complaint.

Greene said that drew concern from federal officials because, under the federal Fair Housing Act, aggrieved people are covered regardless of immigration status.

The case involved a Lincoln couple that filed a complaint with the commission alleging they were discriminated against by their landlord. According to Hobbs and Bruning, the landlord asked the complainants to provide drivers’ licenses after becoming concerned that too many people were living in the apartment.

“We’re concerned about this rather broad statement that the attorney general can pick and choose which cases to bring,’’ Greene said.

Since 2003, the commission has forwarded 41 cases to Bruning’s office, but only one was prosecuted and none has gone to trial, according to the commission.


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airedale wrote on April 17, 2008 3:35 pm:
" Hmm....are the feds investigating Bruning for violating civil rights laws or is this some sort of civil proceeding that the NE taxpayer is going to have to cough up money for? "

 Doug wrote on April 17, 2008 3:40 pm:
" Thanks, Mr. Bruning. Well done. Would you care to ruin some more of Nebraska? "

 Bret wrote on April 17, 2008 4:15 pm:
" Jon Brunning is correct on this. How can the government on one hand spend millions to track, arrest and deport. Then when we do have them, spend millions to defend them because they didn't get a fair shake at something. Illegals have no business trying to rent anything in this country - PERIOD! They should be identified by NEOC and reported to Immigration officials for immediate deportation "

 boing wrote on April 17, 2008 5:26 pm:
" Yep, Bruning needs to go into another line of work. Can he be impeached as AG for not following federal law? "

 Insane wrote on April 17, 2008 5:53 pm:
" Maybe Ms. Hobbs should find something else to do since she is obviously inept at running an agency like this. Part of what she is supposed to do is get along with others in government, and she has only managed to make everyone mad. It sounds like she is unprofessional, and that unprofessionalism is showing in her work.She needs to go find real discrimination and quit trying to have a press conference every ten seconds. Typical bureaucrat. "

 Larson wrote on April 17, 2008 6:04 pm:
" What is it going to take before Nebraskans quit mindlessly voting for anyone with an 'R" beside their name? Glad you aren't going to be our our next U.S. senator, Jon. "

 boing wrote on April 17, 2008 6:09 pm:
" I would say that Bruning has made more people mad that Hobbs. She is following Federal mandates, he is ignoring them...unless they are convenient for his agenda. Last I knew, Federal laws such as housing laws supercede state laws. "

 Bob1 wrote on April 17, 2008 6:16 pm:
" This is embarassing for Nebraska, even for those of us that don't mindlessly vote. The AG's office needs to be above politics and do what's right. I'm tired of elected officials reaching for headlines. "

 airedale wrote on April 17, 2008 6:19 pm:
" Jon's concilliatory remarks at the end of this article are to late and at any rate are without meaning. Hobbes and the people whom Bruning declined to help should all file complaints with the Nebraska State Bar's Counsel for Discipline. Bruning should be held accountable by the State Bar Association for failing to fulfill his duty as an attorney for the State of Nebraska. Pulling or suspendind Jon's license to practice law would be a much more efficient way to deal with this problem than any kind of impeachment proceedings "

 I disagree wrote on April 17, 2008 6:20 pm:
" I cannot stand Jon Bruning and despise the man, but he is right here. If you are here illegally, you should have no access to government benefits other than police protection. These two illegals have a lot of nerve, in my opinion, to ask the U.S. and state of Nebraska to help them out when they have shown absolutely ZERO respect for this nation and its laws. Now this thought does not cover the other cases in which he refused to prosecute. I have no idea what the circumstances of those cases were. To the person who made the senator comment, Bruning dropped out of that race because he realized that he wasn't as well liked as he thought and that he would have essentially ended his career by getting slaughtered in that race. "

 curious wrote on April 17, 2008 7:30 pm:
" I'm curious as to what changed Bruning's mind. last week he wanted the commission eliminated. this week he's "committed" to prosecuting. Come on! I think he's just re-worded his original intention "those cases where discrimination is proven in court." The HUD standard for filing in court is a little lower than that. they don't expect you to be able to win, but to prove a prima facie case. If all Bruning is going to do is file the slam dunks, the NEOC still won't be substantially equivalent and they won't get their funding back. For those of us tax-payers keeping track, that's almost $250,000 in federal funds that would have to come from state funds, or in other words our taxes. furthermore, it would mean federal officials investigating instead of local officials. I may be wrong but i thought the local realitors preferred to work with the local office over the federal office? One other option would be to lower the staff of the commission to make up the $250,000. I doubt being state employees they make enough that laying off a few would make up the $250,000. There would have to be a significant reduction in staff. Which would impact those filing in employment and public accommodations as well as housing, for reasons other than discrimination because of national origin. It would also include sexual harassment, pregnancy discrimination, race discrimination, disability discrimination, whistleblower - discrimination will touch us or someone know at some point in everyone's life. By allowing the commission to be defunded and lose these federal dollars, we're saying it's ok to discriminate in Nebraska. We just got substantially handicapped the one agency that might have noticed or done something by making sure they would never have enough employees to ever look into the matter. Is that what we want out state known for? Do we really want to look backwards instead of forwards? Do we really want discrimination to be accepted? "

 Scott wrote on April 17, 2008 7:56 pm:
" The funding should be replaced from Jon's budget; maybe that would decrease the self-serving advertising that he does on the State's dime. "

 threescompany wrote on April 17, 2008 8:45 pm:
" Is that what it took, federal strong-arm tactics and a tete-a-tete with the governor for Bruning to change his tune? Too little, too late. The only ineptness here (aside from Bruning's tantrums) was the handling of the issue by the NEOC in the media. The mud has been slung and its stuck and dried. Bruning's office should have been sued a long time ago, and Bruning discplined for his abuse of "discretion" in clear violation of the law. You can't dance with wolves, Commissioners and Ms.Hobbes. Good luck in salvaging HUD funding, you know its not coming from the governor or the legislature. "

 living proof wrote on April 17, 2008 9:40 pm:
" Hasn't Hobb's been saying she referred 104 cases and now its less than half that at 41. Looks like someone hasn't been telling the media the truth. Oh and for the non-lawyers, there is no federal or state law that requires either the U.S. Attorney or Bruning to file a housing case they don't think has merit. "

 JT wrote on April 17, 2008 10:17 pm:
" Can someone explain why Bruning is ever considered for higher office? Has he ever done anything right? "

 M wrote on April 17, 2008 11:15 pm:
" It doesn't matter what anyone thinks about whether cases involving illegal immigrants should be prosecuted, it is the law that they MUST be. Work to change the law if you disagree, but it's the law. So Bruning is flouting federal law for the sake of political grandstanding. Nice. "

 Jose Francisco Garcia Rios wrote on April 17, 2008 11:20 pm:
"
The Nebraska Fair Housing Act is not a nonemergency public benefit. Rather, it is a state law, which imposes obligations upon the Attorney General without regard to a party’s immigration status. Such disregard for the law-by the state’s highest attorney- is a threat to the rule of law.

The above statement was from the Regional Counsel for MALDEF (Mexican-American Legal Defense and Educational Fund), the nation’s foremost watchdog against Constitutional abuses against Raza.

The Attorney General of the state of Nebraska, has through his actions provided landlords in the state a license to discriminate on the basis of race or national origin . To quote MALDEF, “such license to discriminate is a threat to us all”

"

 madazhl wrote on April 18, 2008 12:14 am:
" Fine Bret-but read the NE Fair Housing Act. Bruning would have people believe that this is an issue of National Origin. It's not. It's an issue of his blatant disrespect and refusal to follow the law. He and I may even agree that undocumented persons should not be provided protection, but until laws are rewritten, he does not have the luxury of picking which cases he shall take forward in civil court. & the "Illegal Immigrant" case is just a red herring- the bottom line is- there are many more cases involving U.S. Born citizens, which he still refuses to prosecute. "

 J wrote on April 18, 2008 12:17 am:
" Thanks, Jon. Way to go. "

 Rolly wrote on April 18, 2008 1:24 am:
" Bruning is one of the only attorney generals that I know that does what is right. A Illegal has no rights to housing in the US and should be deported. The only cases that Bruning should prosecute are those where landlords are aiding a fugitive illegal with housing. "

 Bruning is right wrote on April 18, 2008 2:54 am:
" I'm shocked that so many people who read the paper are so utterly uninformed. Call the AG's office and ask to speak to someone abouyt this, and you will get the real story - as I did. Hobbs has no idea what she is doing or how to conduct a proper LEGAL investigation, so everything that she send to the AG's office is a guaranteed loser in court. The AG's office gets the information from Hobbs, and they have to act on it. But since Hobbs' office is sending them unwinnable cases, Bruning is saving the state money by not trying cases that wont win. This is the same as shoddy police work, and then asking a prosecutor to file charges. So often, politicians are politically motivated to charge people with something even if the evidence is sketchy. In this case, the evidence is essentially non existant in a form that would hold up in court, and that is the fault of Hobbs - not Bruning. How did she get that job anyway? Has anyone here ever met her? "

 Citizen wrote on April 18, 2008 9:34 am:
" Prudent statesmen support an AG that will protect the citizenry from illegals. Those who do not are in favor of weakened security and lawlessness in our state.
Eliminate the unproductive Commission. "

 Jenn wrote on April 18, 2008 9:42 am:
" “We believe that the people of Nebraska are not gaining their full rights under federal fair housing laws??" how are illegal immigrants Nebraska?? I think Mr. Brunning was looking after the people of Nebraska. Why should my tax money be spent on illegal immigrants? If they want the protection of the laws become legal and pay taxes! "

 ag shall file lawsuit wrote on April 18, 2008 10:03 am:
" --------------------------------------------------------------------------------
20-340 Civil action in lieu of hearing; relief authorized.
(1) If an election is made under section 20-335 to have the claims asserted in the charge decided in a civil action, the commission shall authorize, and not later than thirty days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the aggrieved person in the appropriate district court seeking relief under this section.

20-335 Civil action in lieu of hearing; election authorized.
When a charge is issued under section 20-333, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under section 20-340 in lieu of a hearing under section 20-336

"

 Lisa wrote on April 18, 2008 10:16 am:
" Every person who is irritated about this should ask themselves. Did EVERY SINGLE one of my ancestors come here legally?

If just that one great-great-great-great grandparent didn't make it here... "

 Big Chief wrote on April 18, 2008 10:25 am:
" Bruning is right in this case. Dump the Federal Bureaucrat who is aiding and abetting ILLEGAL immigants. "

 AB wrote on April 18, 2008 10:28 am:
" There are plenty of you commenting on illegal immigrants, how they're breaking the law so they shouldn't be protected from discrimination, etc. But what you apparently don't realize is there are two US citizen parties here who are breaking the law...the discriminatory landlord and Bruning! Housing discrimination is against the law and not prosecuting actionable cases is against the law. But apparently its ok for a citizen to break the law, but it's not ok to protect another human being from discrimination regardless of who they are. So clearly its not the law you care about, but a tacit endorsement of discrimination. Nice job Nebraskans! That's the same reason I'm taking my family, education, and money out of this state as soon as I finish my Master's degree. "

 Hello, McFly wrote on April 18, 2008 10:40 am:
" This is not an illegal immigration debate, but thanks for being the putty in Bruning's hands. When you all want to start debating the real issues associated with this topic, we can all move on. "

 Veteran wrote on April 18, 2008 11:00 am:
" Mr. Bruning is clearly in the worng here. The law clearly states that whether or not the party discriminated against is a citizen or not they are still protected under our Contitiution. Seriously come on now there is only one discrimination case in the entire state of Nebraska that is worth prosecuting? That would be the same as saying that discrimination (on a level that would raise merit) never happens here in this faboulous state? I find that really hard to believe. "

 Comm UnSense wrote on April 18, 2008 11:02 am:
" If immigration authorities were doing their job, Bruning wouldn't have to do it for them. "

 rac wrote on April 18, 2008 11:14 am:
" There is no license to discriminate. The NEOC is an unorganized, poorly-led group of liberals bringing over-the-top frivolus lawsuits to the AG's office. It's time to disband them and let people file their own lawsuits on their own dime, not mine. "

 Mike wrote on April 18, 2008 12:22 pm:
" Illegal immigrants can go back to their country, apply for legal status and then come back to the US, get a license, pay taxes, and then be afforded the civil rights Americans enjoy. AG Bruning, please start a deportation case against these two. "

 Young landlord wrote on April 18, 2008 12:51 pm:
" Jon Bruning: I stand behind you.

As a young landlord and larger than average tax contributor, thank you for setting priorities. Illegal is illegal. It is black and white.

Many landlords know the commision actively pursues any vauge complaint because of the payments per complaint schedule. It is a fee for hire witch hunt.

As a landlord, he could have just as easily gotten in trouble for TOO many people in an apartment per building and safety codes! Why should the landlord foot a higher water, trash, and possibly gas or electric bill just because they are illegal? What about maintenance and repair above "normal wear and tear" due to excess residents?

Even if they were illegal, they need to play and pay by the same rules.

I say award the landlord for paying attention to his property! "

 Rhonda wrote on April 18, 2008 1:13 pm:
" Did anyone notice in the article that "the state commission could be decertified, leaving the federal agency to pursue Nebraska landlords who violate U.S. civil rights laws.". So what is really the loss here. Let the feds handle this and save Nebraska the money.

"

 downtherabbithole wrote on April 18, 2008 1:26 pm:
" With the intervention of the federal government and the Governor, the about-face of the AG's office is a welcome relief. I hope his newest statement that he will not "stand for discrimination" really means he is against discrimination, not that he will continue to acquiesce to it when faced with housing discrimination cases. "

 Kristine wrote on April 18, 2008 1:38 pm:
" Why shouldn't anyone be able to get a place to live? If they pay for it, why do you care? I don't get that. Legal or not, evil, convicted, lazy, whatever--everyone deserves shelter. Especially if they're willing to pay for it. Did I really need to say that? "

 Eric wrote on April 18, 2008 1:44 pm:
" Quit blaming illegal immigrants for all your problems. Some of these same politicians who cry out against illegal immigration are the same people who gave tax cuts to companies who employ them. Get to the root of the problem as opposed to looking just at the surface.

Overall, I think this is an embarrassment but then again most of our elected officials in this state are an embarrassment to the citizens of this state, whom I've generally found to be quite tolerant and agreeable. "

 missing the point wrote on April 18, 2008 3:49 pm:
" Everyone seems to be focused on a single case that involved an undocumented immigrant instead of the other 40 or so cases that Bruning also refused to prosecute. Either the NEOC is not capable of putting any cases together at all, or Bruning just feels its not important to pursue them. The public can't determine on our own which office is at fault, so we need somebody to look into this, independently, and quickly. Something is wrong with one of these offices, thats for sure. "

 Happy they lose $ wrote on April 19, 2008 12:02 pm:
" The EOC here doesn't do anything anyway. They wouldn't know discrimination if it slapped 'em upside the head. They dismiss or rule against 99% of the complaints filed. The problem stems from the covert racism that is a part of this state's foundation. "

 back up wrote on April 19, 2008 1:19 pm:
" If you want to see their true statistics as far as finding discrimination go to their website. It's there. I think a lot of people don't realize that just as a vet told me they "need something to chase." A symptom to start with, a person who did exactly the same thing and was treated differently. Just like not all of us agree that illegal immigrants should be covered, it is the law. The law has also eroded many of the anti-discrimination protections. Read the court cases. Currently the federal legislatures are trying to enact laws to re-broaden thsi protections. But that still hasn't happened and the NEOC can only work within the law as it currently stands. All of us know that not all illegal discrimination can be proven. What the sad part is, is this loss of funding will make sure that no discrimination will be proven unless it's extremely blatant because there just won't be enough staff to pursue anything if the NEOC loses this funding. "

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