Voting is now open and will close on August 21 @ 5:00 pm. 

The results of the vote will be announced during the Membership Luncheon at nGage on October 12 and via email to all members on October 19. Below is a synopsis of the significant changes and a redline copy for your review.

Questions? Contact Julie Joeckel at julie@nebraskarealtors.com.

The Nebraska REALTORS® Association Board of Directors needs your vote for approval of the following Bylaws change:

Voting is now open and will conclude on August 21st at 5:00 PM (Central Time).

Recommendation #1:  It was moved, seconded, and carried to recommend to the Board of Directors the following Bylaws change.

Section 2. The President shall appoint a Nominating Committee, subject to approval by the Board of Directors, consisting of the once-removed past president as chairman, the immediate past president, who shall be the vice chairman, six (6) members from the Omaha Region, three (3) members from the Lincoln Region, one (1) member from the Central Region, and one (1) member from the Eastern or Western Region.

Rationale: 

The proposed changes to the Nominating Committee structure are intended to ensure broad participation from REALTORS® across Nebraska by creating a committee that is more geographically diverse and representative of the membership. Expanding representation provides a wider range of perspectives, strengthens the evaluation process, and helps ensure leadership recommendations reflect the needs and priorities of the association as a whole. A more inclusive committee also enhances transparency, member confidence, and the development of future leaders from all areas of the state.

Statewide Professional Standards Agreement – Notable Changes

Pages 1-4. Updated agreement to align with NAR recommended updates according to form E-19.

Page 2. Added part D section about Mediation Officers

Page 3. Operation, Section B. Amended section B to:


Appeals of the Grievance Committee’s dismissal of an ethics complaint or arbitration request (or challenges to the classification of arbitration requests) shall be heard by a panel of those members of the Committee who did not serve on the original tribunal. If panels of the Grievance Committee are not used, any appeal of the Grievance Committee’s dismissal (or challenge to an arbitration request classification) shall be heard by a tribunal of five (5) members selected from the Boards of Directors of the signatory Boards to be appointed by the State Association’s Board President with two (2) members of the State Association’s Executive Committee and three (3) Directors of the State Association. (Adopted 6/26) 

Page 3. Operation, Section C. Added section C:


Appeal is not provided from the decision of an arbitration panel established under this Agreement, except with respect to a claim by a party alleging deprivation of due process. Such a claim shall be heard by an Appeal Panel as described in section E.

Page 4. Operation, Section I. Added section I:


In the event a party fails to, within ten (10) days of the date the award is transmitted, either pay the award to the party(ies) named in the award or deposit the funds with the Professional Standards Administrator administering the arbitration consistent with Section 53, The Award, Code of Ethics and Arbitration Manual, that failure shall be brought before a tribunal of five [5] members selected from the Board of Directors of the State Association to be appointed by the Board Presidents. This tribunal, consistent with Section 53, may, at its discretion impose discipline, including but not limited to termination of Board membership and/or MLS access/use, or may give the party an additional period to make the required deposit. The tribunal may also stipulate appropriate discipline to be automatically imposed if the party fails to make the deposit within the time established by the tribunal. The decision of the tribunal shall be final and binding and is not subject to further review by the State Association or any signatory Board. (Adopted 11/15)

Page 4-5. Operation, Section N. Updated violation publication policy from Option 2 (Motion 04.15.2019) to Option 1, updated effective date and communication method.


Added policy language:


1. Publication Option #1:

• Publication can only occur after a second violation occurs within three (3) years.
  
• Ethics citation discipline may be included in the violation count if the association has affirmatively authorized publication within their citation policy.
  
• Publication can only be made in an official communication vehicle intended primarily for members of the Association(s) in which the violator holds (held) membership. Where the official communication vehicle is electronic or Internet-based, access must be limited to Association members.
  
• The name of the firm the violator is (or was) licensed with cannot be published.
  
• Publication must be consistent and uniform. This means that publication may not occur selectively but must be used in each instance where a second violation is determined within three (3) years.
  
• Other than the violator’s name, the only additional information that may be published is the Article(s) violated, and the discipline imposed, except that in cases where the violator’s name is similar to another member’s name, the violator’s license number or office address (or both) may also be published.
  
• At least one of the violations must be based on conduct which occurs after the adoption of the Association’s publication procedures.

Page 6. Updated number of chairs for the grievance committee from 1 to 4 to ensure that we can provide an impartial member to review.

Page 7. Added: Processing Fees: The respondent will be charged a $100.00 processing fee if found in violation of an ethics complaint, payable to the Nebraska REALTORS® Association once the hearing panel decision is ratified. 

Page 8. Updated method of communication from mail to email & potential locations of hearings:


• Professional Standards Hearings: Every effort will be made to hold hearings in person at the State Association Office. If a complainant or respondent requests that the hearing be conducted via Zoom due to a significant burden, the Panel Chair will determine whether the request can be accommodated. If a Zoom hearing is not feasible due to case requirements, every effort will be made to hold the hearing in a mutually agreed location. Where applicable, the local Board Office facilities will be utilized.

Pages 9 - 10. Added Policies for: Recordings & Transcripts, Expedited Ethics Procedures, Citation Policy, Mediation Policy, Travel Reimbursement & Additional Policies & Procedures statement.