Editorial

Investigation shows shortfall of regent's character

Tuesday, March 21, 2006

It's always seemed ironic that Regent David Hergert, who was elected largely through appeal to voters concerned about the moral issue of abortion and stem-cell research, should be elected by cheating.

Now that more of the facts are know, Hergert seems downright hypocritical as well as dishonest.

And a North Platte banker, Michael Jacobson, is among many supporters who wish they had never heard of David Hergert.

While Hergert has blamed his violations of campaign finance reporting laws on an incompetent staff, the release of the Nebraska State Patrol investigation paints a picture of manipulation and dishonesty that should alarm voters of any moral conviction.

While managing numerous businesses successfully, Hergert expected investigators to believe he and his office assistant just lost track of important steps they took during the campaign.

Hergert admits he didn't check campaign reports to determine their truth, accuracy or completeness, and said nobody on his campaign studied the rules they were supposed to follow.

According to a State Patrol investigator, Hergert knew exactly what he was doing when a report was mailed too late to allow release public funding for Regent Don Blank of McCook to respond to Hergert's negative advertising.

In the report released by Attorney General John Bruning, Patrol's Lt. Mark Funkhouser wrote "Jacobson stated that Hergert explained that when the ... affidavit was mailed ... it would not arrive until Monday, Nov. 1, 2004, and at that time it would be too late for his opponent to react to the report, or the ads."

"As you go back and look at the chain of events ... does he know the rules and does he know how to play it to the edge? Yeah, I'm pretty convinced he does," Jacobson told the investigator.

"And, in pushing everything to the limit and even right down to where he described to me the timing of all this, it was ... clear to me ... that it was certainly planned on his part to hold ... this disclosure as late as it could be held ... so the competition couldn't respond with the dollars," he said. "I mean that ... seemed pretty obvious. And I think it was pretty calculated."

Although Bruning could have filed at least one felony charge against Hergert, a judge's decision vacated the attorney general's call for a grand jury investigation that could have gotten to the bottom of the regent's actions. And, Hergert's signature on the agreement with the Accountability and Disclosure Commission seems to prevent further prosecution.

But while the Legislature is still considering possible impeachment, Hergert remains the regent representing Western Nebraska, a lame duck from the time of his swearing in.

It was good that Western Nebraska voters who are concerned about moral questions got involved in a political campaign. Next time, however, we hope that they look at the whole candidate and not just one issue.

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