Nebraska Exec Board letter shares more about allegations against State Sen. Dan McKeon

LINCOLN — Nebraska lawmakers gave colleagues a first look at some details behind the Executive Board’s recommendation to expel State Sen. Dan McKeon of Amherst before the session begins Wednesday.

State Sen. Ben Hansen of Blair, chair of the Exec Board, sent a letter to McKeon on Monday explaining the findings of the committee’s internal investigation and outlining the processes for an expulsion hearing following its recommendation.

The board recommended expelling McKeon following allegations that he had inappropriately touched a legislative staffer, allegations he denies. But the board also noted what it described as a “demonstrated pattern of behavior.”

The alleged incident with the staffer prompted the Legislature’s investigation and separately led to McKeon being cited for misdemeanor public indecency by the Nebraska State Patrol in September.

The criminal allegation has since been downgraded to a misdemeanor disturbing the peace charge, to which McKeon has pled not guilty after initially attempting to plead no contest but changing his mind.

The incident took place at an end-of-session party this spring, which is typically attended by a mix of lawmakers, staffers, friends and family. In Hansen’s letter he says the staffer claims McKeon jokingly asked her if “she was going to Hawaii to ‘get laid,’” and according to the Patrol, also accused the senator of making “inappropriate contact with her buttocks with his hand, over the top of her clothing.”

Hansen said the Exec Board found that McKeon’s conduct during this incident violates the Nebraska Legislature’s Workplace Harassment Policy, which defines sexual harassment to include “sexually oriented jokes, stories or discussions.”

McKeon has argued there was nothing lewd about this exchange, and claimed the incident has been “exaggerated and mischaracterized.”

“The conduct alleged does not rise to the level of severity attributed to it,” McKeon wrote in response to Hansen’s letter. “I made an ill-advised pun and gave a brief, non-sexual pat on the back as I departed.”

Hansen’s letter gave more details into the alleged “pattern of behavior” the Exec Board noted as a contributor to its recommendation of expulsion. The letter noted separate allegations that claimed McKeon made an inappropriate joke in the presence of a female staffer during his first week in office, and said there are more pending complaints alleging McKeon has used “unprofessional language regarding colleagues and individuals of other races.”

McKeon asserted that Hansen’s letter included “material inaccuracies and unsupported characterizations.” He said he has not received any “reports, findings or notice” of the other allegations Hansen’s letter mentioned.

As Nebraska lawmakers consider first expulsion motion, here’s how the process works

Expulsion is the strongest disciplinary measure the board can recommend, and kicking a state senator out of the Legislature requires 33 votes.

Hansen’s letter said the Executive Board has prepared a resolution for McKeon’s expulsion that is ready to be introduced Wednesday, the first day of the 60-day session. The chairman said he intends to schedule a hearing on the resolution Jan. 12, which will include only invited testifiers including McKeon or his lawyer, and outside counsel that conducted the investigation.

McKeon argued his actions do not warrant expulsion, and said removing him would set a dangerous precedent for lawmakers moving forward.

“If disputed allegations, incomplete records, or undisclosed assertions are sufficient to justify expulsion, then no member of this body is secure from removal based on shifting standards rather than established facts,” McKeon wrote.