Committee rejects governor’s nomination to industrial relations board

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BY NANCY HICKS / Lincoln Journal Star

Attorney Sam Jensen will not get to be an Industrial Relations Commissioner without a fight.

The Legislature’s Business and Labor Committee voted Friday to recommend that Jensen not be appointed because he spent the past 40 years working on the management side in labor disputes.

Committee members have said Jensen is a good attorney, but his unwavering work record on the side of management means his decisions would not have much credibility on a body that looks at public employee labor-management disputes.

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Sam Jensen

Sam Jensen

Gov. Dave Heineman still “stands fully behind his nominee,” said spokeswoman Jen Rae Hein. Jensen was appointed to the five-member commission by Heineman last August but will not take his seat until he is confirmed by the Legislature.

Jensen said the committee’s rejection was not unexpected since many senators on the committee were ones who would be influenced by labor organizations, which were the main opponents to his confirmation.

He also pointed out that he has not had cases involving public employers in Nebraska for several years, so there is no current conflict of interest.

“I don’t have any reason to think I can’t make decisions that would be in favor of unions and employees based on the facts and precedents,” he said.

It is the first time in modern history a legislative committee has refused to accept a governor’s nomination for a post. And committee members and staff spent the past two weeks researching how to handle the unusual circumstance.

The best way to proceed is murky, said Pat O’Donnell, clerk of the Legislature.

Committee Chairwoman Abbie Cornett of Bellevue said it’s not clear after reviewing the constitution, the law, legislative rules and a series of attorney general opinions on the appointment and confirmation process.

The governor makes 500 to 600 appointments a year to various boards, commissions and task forces. About 80 require legislative approval, and they usually go through the Legislature with no opposition.

This is not the first time an appointee has been in trouble during the confirmation process, but it is rare.

In 1992, the Judiciary Committee approved Gov. Ben Nelson’s appointment of Steve Renteria to head the state Parole Board. The Legislature failed to get the 25 votes necessary to confirm the nomination and Nelson withdrew Renteria’s name, according to newspaper accounts.

In Jensen’s case, the committee disapproval was based on the fear that his ties to the management side of litigation would erode public confidence in the institution, said Omaha Sen. Tom White, a member of the committee.

Six of the seven committee members voted to reject Jensen’s nomination on Friday. Sen. Ernie Chambers of Omaha was not at the meeting. He said later he “might” vote against confirmation.

The Legislature will be asked a simple question when the issue goes to the full body. Senators will be asked to vote yes to confirm the appointment or no to reject it, and they will be told the committee is recommending rejection, Cornett said.

Confirmation requires 25 votes; anything less is considered a rejection.

The Legislature will eventually change its rules to provide clear guidance on how to handle rejection of a governor’s appointee, Speaker Mike Flood said.

Jensen, 72, earned his law degree from the University of Nebraska-Lincoln and practices with the Berens and Tate law firm in Omaha.

He said in a telephone interview Friday that he hoped the Legislature might look at his civic record beyond his law practice. He said he has served on the state Highway Commission, the Postsecondary Coordinating Commission and the Omaha Public Power District, and he has been recognized for other civic activities.

Jensen also pointed out that over the years he has successfully negotiated more than 100 labor contracts and worked out solutions with union representatives.

Union representatives criticized the appointment during a public hearing earlier in the session, saying they would never trust that Jensen’s decisions were fair and unbiased because he had always represented management in labor issues.

Reach Nancy Hicks at 473-7350 or nhicks@journalstar.com.