New ‘memorandum of understanding’ between two top legislative leaders and Gov. Jim Pillen restores access to documents, facilities and personnel through at least early 2025
LINCOLN — A six-month fight between Nebraska’s legislative and executive branches has gotten a reprieve, with watchdog access at least temporarily restored Wednesday to state inspectors general.
With the blessing of Speaker John Arch of La Vista and Executive Board Chair Ray Aguilar of Grand Island, the Legislature joined Gov. Jim Pillen in a memorandum of understanding signed Wednesday. It specifies what information the executive branch will provide to the state ombudsman and inspectors general for corrections and child welfare.
The agreement includes the Department of Correctional Services and the Department of Health and Human Services, effectively hitting the pause button on the fight and avoiding the potential of a lawsuit from either branch.
“Over the years, this effort to provide greater and more effective oversight has now become an opportunity to step back and have a broader assessment of the oversight function of the Legislature and how to better coordinate that function,” Arch said Wednesday.
The memorandum is set to expire at the end of the 2025 session unless mutually extended.
Three recommendations
Nebraska Attorney General Mike Hilgers opined Aug. 16 that such oversight was unconstitutional, though his opinion does not carry the weight of law. Still, Corrections and Health and Human Services officials soon revoked access to the respective inspectors general, including their access to state facilities and documents.
As part of ongoing negotiations, Arch said, the varying parties landed on three intertwined recommendations:
- Create a special committee to consider legislative oversight more broadly.
- Amend certain statutes and address specific concerns.
- Establish access for information between the executive agencies and the inspectors general.
“Simply rushing to fix the inspector general issues, I believed, was short-sighted and could lead to serious unintended consequences,” Arch told the Executive Board. “It is simply not possible to do this work during the short session while also tackling the larger, more immediate issues currently before the Legislature.”
Proposals are in motion
Arch said all three recommendations are in motion, with the third one — access — being resolved through the memorandum of understanding and prescribing certain information the departments will provide.
The other two recommendations, he said, would be solved through Legislative Resolution 298, which would establish a nine-member Legislative Oversight Review Special Committee, and Legislative Bill 1321, which would clarify state law, grouping all related statutes under the umbrella of legislative authority.
All but one Exec Board member, State Sen. Eliot Bostar of Lincoln, signed onto LB 1321. During the hearing, he questioned whether legislation was still necessary, given the memorandum. Arch said that’s a “matter for discussion” but said more recommendations would come from LR 298.
Arch said the purpose of such a committee would be to review all legislative oversight functions, such as the Juvenile Probation Services Division of the Judicial Branch, before the 2025 legislative session. The Legislature would then be able to resolve lingering concerns.
State Sens. Danielle Conrad of Lincoln and Justin Wayne of Omaha, chair of the Judiciary Committee, will present alternative proposals on the IG issue at a hearing next Wednesday.
‘Paradigm legislative study function’
Dave Lopez, chief of staff for Pillen, spoke in favor of LR 298 as a “timely opportunity” for a comprehensive study.
“We hope that the product of this effort is a new paradigm legislative study function,” Lopez said.
Lopez said the function would be consistent with constitutional separation of powers, focused on identifying systemic government performance issues and informing the Legislature about necessary improvements to work collaboratively and constructively across government.
Multiple police officers in Lincoln and Omaha and a mother whose child has gone through probation asked the Executive Board on Wednesday that the Legislature strengthen its oversight of the Juvenile Probation Services Division or risk the repetition of tragedies or deaths of community members.
They testified against the bill without the inclusion of such protections and legislative oversight.
“We need sunshine over the entire process,” said Douglas County Sheriff Aaron Hanson.
‘Anxious’ with access restored
State Ombudsman Julie Rogers, whose office oversees the inspectors general, said that in order for them to do their work, they need information, including access to the agencies’ staff, their facilities and the people they serve.
She and the inspectors general for corrections and child welfare testified in support of Arch’s LB 1321.
“To the extent that this has been somewhat of a misunderstanding of our roles and how we function, we are anxious to get back to our important, independent work for the Legislature,” Rogers testified.
The committee took no immediate action on either proposal but has prioritized LB 1321, offering it a better chance of floor debate. Arch sets that daily agenda.
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