Committee formed to look at possible impeachment
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BY NATE JENKINS / Lincoln Journal Star
The next phase of NU Regent David Hergert's battle with the state Legislature was set Monday, as senators formed a committee that will reccommend what, if any, course of action to take against him.
The group of 11 senators — including a couple from the western-Nebraska district Hergert represents — will begin its work shortly after Labor Day. Its goal is to release recommendations before the Legislature convenes in January.
"I think we have to look at everything on the table," including impeachment, said Sen. Vickie McDonald of Rockville, a member of the special committee formed by the Legislature's Executive Board.
Hergert broke four campaign finance laws on his way to unseating Don Blank of McCook last year. The violations kept Blank from receiving, according to estimates from state officials, at least $15,000 and possibly up to $63,000 in public campaign money. In a settlement with the state Accountability and Disclosure Commission, Hergert paid a $33,512 civil penalty. He also is facing a criminal investigation by the state Attorney General's Office.
" The bottom line is, I won in a landslide election against an 18-year incumbent," Hergert told the Associated Press Monday. "The voters in this district are well-informed, intelligent people. They made a decision at the ballot box and I've got strong support from my constituents and I intend to represent them," he said.
Some state senators have said impeaching Hergert is not a legal option because he violated campaign finance laws before being elected. That sentiment was manifested in changes the Legislature made to a June resolution that called on Hergert to resign or face investigation from a special committee: All references to impeachment were removed.
Other senators, including Ernie Chambers of Omaha and Chris Beutler of Lincoln, say sufficient legal precedent exists to impeach Hergert for violating the law while procuring public office. Both Chambers and Beutler are on the special committee.
The other senators on the committee besides McDonald, Chambers and Beutler are: Pat Bourne of Omaha; Nancy Thompson of La Vista; DiAnna Schimek of Lincoln; Pat Engel of South Sioux City; Mike Flood of Norfolk; Ed Schrock of Elm Creek; Tom Baker of Trenton; and LeRoy Louden of Ellsworth.
Beutler had wanted the committee to be larger, Engel smaller. Compromise on that issue, as well as the makeup of the committee, was struck during a 15-minute recess in Monday's Executive Board meeting.
No senators voted against the June resolution (LR98) calling on Hergert to resign, but 17 chose not to vote even though they were present. Four of those 17 — Baker, Engel, Flood and Louden — are on the 11-member special committee.
Chambers said after Monday's meeting that he wasn't concerned with the balance of the committee. No matter what its recommendations, if any, individual senators can pursue whatever action they wish against Hergert, including impeachment.
"This process does not preclude or foreclose a senator, or group of senators, from offering impeachment," Chambers said.
Reach Nate Jenkins at 473-7223 or njenkins@journalstar.com
Senators named to committee to investigate Hergert
State lawmakers appointed Monday to serve on a committee to look into the possible impeachment of University of Nebraska Regent David Hergert for breaking state campaign-finance laws:
Pat Engel of South Sioux City (chairman)
Tom Baker of Trenton
Chris Beutler of Lincoln
Pat Bourne of Omaha
Ernie Chambers of Omaha
Mike Flood of Norfolk
LeRoy Louden of Ellsworth
Vickie McDonald of St. Paul
DiAnna Schimek of Lincoln
Ed Schrock of Elm Creek
Nancy Thompson of LaVista
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