Was a candidate for a top state job ‘rejected’ or not?

LINCOLN — A member of the Nebraska Public Employees Retirement Systems Board said Thursday that he resigned earlier this week after Gov. Jim Pillen rejected the “best candidate” to head the agency that oversees state and school retirement plans.

But Pillen’s office said he hadn’t “rejected” anyone.

It appears to be a case of differing interpretations of state law regarding the hiring process, and clearly represents a new interpretation of the law from the governor’s office.

Allen Simpson of Lincoln, a long-time PERB member who had headed the board’s personnel committee, told the Examiner that the committee recently recommended the hiring of the current interim director/deputy director of the agency, Tyler Cummings. He would have filled the vacancy left when the past director, former State Treasurer and State Sen. John Murante, resigned in December.

Same process followed

Simpson said the PERB search committee followed the same process as it had in hiring the previous three directors — do a search, and then let the governor approve it.

“They’re not going to get a better candidate than Tyler Cummings,” Simpson added.

He said he resigned from the board on Monday feeling that if the governor did not agree with his committee’s pick, “you probably shouldn’t stay on.”

“I’m trying to say this in the most politically correct way possible,” said Simpson, who, like Pillen, is a Republican.

However, later Thursday, Pillen’s spokeswoman, Laura Strimple, emailed that the governor hadn’t rejected anyone.

Former Nebraska lawmaker expresses concern about major changes to school retirement plan 

Strimple said that state law requires PERB to “work with the Governor” in selecting a director and that the Governor shall approve the applicant before the appointment proceeds to the Legislature.

The state law cited by Strimple clearly states that it is the responsibility of the PERB Board “to appoint a director to administer the systems under the direction of the board. The appointment shall be subject to the approval of the Governor and a majority of the Legislature.”

An Examiner reporter could not find a clause in the chapter of state law, 84-1503, cited that mentions “working with” the governor to select a director. And Strimple was not immediately available Thursday evening to clarify.

Surfaced in legislative debate

In her earlier statement, Strimple said that “Gov. Pillen looks forward to working with the Board to identify a highly experienced leader for NPERS.”

She said that applications for the job, which had paid $205,000-a-year, are now due by May 22.

When asked about the differing interpretations of law, Simpson said that while he’s not an attorney, “I can read a statute as well as anyone else.” The personnel committee, he said, used the same process as it had in three previous selection processes, and the governor had approved all three.

Simpson added that he hoped that Cummings would still be considered to become director because he is highly qualified and has the respect of the retirement system staff.

The issue of the reopened search for a PERB director was raised during debate in the State Legislature over a bill making major changes to the state teachers retirement plan.