In the last two years Nebraska lawmakers declared over two dozen possible conflicts of interest, conflicts that could potentially put more money in some of their pockets.

Now Nebraska’s top lawmaker is looking to shed more light on the issue; more light and a new referee.

Speaker Mike Flood of Norfolk says if lawmakers have a “true conflict… it is important that everyone knows about the conflict.” Flood’s comment was made in a four page August 30 letter to State Senator Bill Avery of Lincoln, the Chairman of the Legislature’s Government Committee.

Flood began looking into the conflict question following an exclusive Nebraska Watchdog investigation earlier this year. According to Nebraska Watchdog’s report as of two years ago 39 states banned some lawmakers from voting on issues where they have a personal or financial conflict of interest. Nebraska is not one of those 39.

In addition Nebraska Watchdog also uncovered key differences between state senators and local elected officials, specifically members of the Omaha City Council, when it comes to voting on matters where a potential conflict of interest exists. One of the most glaring differences:

• Omaha City Council: Members who vote on issues where they have a conflict of interest face possible removal from office.
• State Legislature: Members are free to vote on matters where they have a conflict of interest provided they file a “Potential Conflict of Interest Statement” ahead of time.

Flood says the state’s current crop of lawmakers ”have practiced a transparent system…been overly cautious”—disclosing possible conflicts when they occur. But Flood says more direct sunshine is better and he’s proposing at least one key change. In his letter Flood suggests legislation which would find the head of the state’s ethics board acting as jury, but not judge, in conflict cases. Specifically Flood sees the head of the Nebraska Accountability and Disclosure Commission determining if a potential conflict rises to the level of a “true conflict” which would find a lawmaker gaining or losing financially. Armed with that decision Flood says the public would have more information to “assess the actions” of any given lawmaker.

Senator Avery tells Nebraska Watchdog he may be willing to go even further and consider legislation which would prohibit lawmakers from voting on issues in which they have a personal financial stake.

Reported by Joe Jordan, joe@nebraskawatchdog.org

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