Nebraska lawmakers suspend rules to expedite expulsion hearing for state Sen. Dan McKeon

LINCOLN — Nebraska lawmakers voted 43-0 Thursday to suspend legislative rules to speed up the process of possibly expelling a fellow senator.

Lawmakers suspended a rule requiring seven days of notice before a hearing is scheduled. This allows the Legislature’s Executive Board to hold a hearing on Legislative Resolution 282 on Jan. 12 after the board introduced the measure Wednesday.

The Executive Board, a group of legislative leaders that serve as the human resources arm of Nebraska’s officially nonpartisan Legislature, filed the resolution pursuing the expulsion of State Sen. Dan McKeon of Amherst.

The board unanimously recommended expelling McKeon following allegations he inappropriately touched a legislative staffer, allegations he denies. The board also noted what it described as a “demonstrated pattern of behavior.”

State Sen. Ben Hansen of Blair, Exec Board chair, said Thursday that the rule requiring seven days of notice serves an important function in informing the public of matters they might want to weigh in. However, he argued that LR 282 was not a policy matter, but a personnel issue.

Hansen said McKeon was given seven days notice of the Jan. 12 hearing in a letter Hansen sent him Jan. 5, outlining the process he planned to follow once the legislative session began. Only invited testimony will be allowed at the hearing, Hansen said, including from McKeon or his lawyer, and outside counsel Tara Paulson, who conducted the Legislature’s internal investigation.

 

The alleged incident with the staffer prompted the Legislature’s investigation separate from a Nebraska State Patrol criminal investigation that led to McKeon being cited for misdemeanor public indecency in September.

The criminal allegation against him has since been downgraded to a misdemeanor disturbing the peace charge, to which McKeon pleaded not guilty after initially attempting to plead no contest and changing his mind.

The incident took place at an end-of-session party last spring, according to the Legislature’s internal investigation conducted by Paulson, an attorney serving as outside counsel. The staffer claimed McKeon made a joke about going to Hawaii to “get laid” and smacked her rear end after delivering the joke, according to Paulson’s report.

McKeon disputes this version of events and has previously claimed the incident was “exaggerated and mischaracterized.” In a written response to the Exec Board, McKeon argued that the board’s assertions include “material inaccuracies and unsupported characterizations.”

There was little debate Thursday on Hansen’s motion to suspend the rules. All present senators voted yes on the motion, save for State Sens. Machaela Cavanaugh of Omaha, Danielle Conrad of Lincoln, Wendy DeBoer of Bennington and McKeon, who were present-not-voting.

DeBoer said she abstained from voting out of principle, as she is generally cautious about suspending any legislative rule. However, she said she understood why Hansen was pursuing the motion.

“It is a very close one for me,” DeBoer said.

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This article, “Nebraska lawmakers suspend rules to expedite expulsion hearing for State Sen. Dan McKeon,” has been republished from Nebraska Examiner under Creative Commons license CC BY-NC-ND 4.0.