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J.L. Schmidt

Capitol View

Nebraska Press Association

Opinion

Arrogance or ignorance?

Wednesday, June 11, 2014

Who among us would use stationery from our current employer to apply for another job? To say nothing of using the time, physical resources and personnel of our current employer to make the announcement that we were seeking said job.

Apparently the lame duck governor of Nebraska who wants to be the president of the University of Nebraska system. Did I mention that six of the eight people (NU Board of Regents) who will decide on the person to have that job are people who have contributed to the governor's campaigns for his current job?

That's just a sample of the furor caused by Governor Dave Heineman's announcement that he's an applicant for the $400,000 -- plus job of NU President that was recently vacated by J.B. Milliken. Heineman said he thought that his friend J.B. would be a lifer in the job and that's why the term-limited governor didn't express interest earlier.

State Democratic Party Chairman Vince Powers says he thinks the Republican governor violated a state law that bans public officials from using their office or government resources for personal use or financial gain. He says he'll file a complaint with the state Accountability and Disclosure Commission over the governor's actions.

The governor's staff set up the news conference in the governor's hearing room in the state Capitol, sent out media releases before and after the event -- all at taxpayer expense. He also sent letters to university regents notifying them of his candidacy on his official office stationary, Powers said.

"The governor should not be using his office to promote his candidacy," said Jack Gould, issues chairman for Common Cause Nebraska, a political watchdog group. "He should not be using his office to gain any advantage over any other candidates."

Heineman called his public disclosure an issue of transparency. Some regents and others have expressed concern that his entry into the race will cause others to avoid seeking the job. In Florida, once State Sen. John Thrasher entered the field, interest dropped off to the point that university trustees are only interviewing Thrasher, a move that hasn't gone over well with faculty members looking for strong academic credentials. Heineman, a West Point graduate, has worked only in politics.

NU Board of Regents Chairman Howard Hawks of Omaha said he thinks the governor has a right to reveal himself as a candidate if he chooses and it's his right to do that at the Capitol. A provision of the state Political Accountability and Disclosure Act prohibits public officials from using government personnel, resources, and property of funds under their control for personal gain although there is an exception that allows incidental or trivial use of resources.

Powers pointed to former Lt. Governor Rick Sheehy who resigned after making hundreds of phone calls to women using his state cell phone last year. At the time, the governor said public officials are held to a higher standard and "that trust was broken." Powers said Heineman should resign to be consistent with his treatment of Sheehy. Sheehy reimbursed the state $500 for using the state issued cell phone and Hawks said he met with Heineman May 19 at Heineman's request and explained the process. Hawks said they did not discuss his plans to make his candidacy public, and that he and other regents have committed to not discussing specific candidates until they get to their final four.

Heineman told reporters that he would not seek to change current NU policies that he has opposed in the past, including charging in-state tuition rates for children of illegal immigrants, allowing stem-cell research, and providing job benefits to same-sex couples.

The 66-year-old conservative Republican is a former Army Ranger with a bachelor's degree from West Point. He served as state treasurer and lieutenant governor before becoming governor nine years ago when Mike Johanns resigned to become U.S. agriculture secretary.

Hawks has previously said that he hopes to hire a current university chancellor or president for the job. Heineman doesn't have any experience running a university, nor does he have a graduate degree. But the governor said chancellors and provosts pretty much run the university particularly as it relates to academics. As such, he says his qualifications for the job would work.

Consider this something else to occupy our minds until football season begins and the November election looms.

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