‘Awkward' Process Begins To Hire A New Clerk Of The State Legislature

From Paul Hammel, Nebraska Examiner:

November 11, 2022

LINCOLN — The retirement of longtime Clerk of the Legislature Patrick O’Donnell not only presents a rare change in the top administrative officer of the unique, one-house Unicameral Legislature, but also an awkward situation.

Three candidates have applied for the post, and a finalist will be recommended by the Legislature’s Executive Board.

But five of the nine voting members of that committee won’t be around when lawmakers ultimately make the hiring decision. That won’t happen until after the new Legislature is seated on Jan. 4.

‘Up to next Legislature’

“It’s up to the next Legislature to approve a new clerk,” said State Sen. Dan Hughes of Venango, who termed the situation “awkward.”

Hughes said the new Legislature could decide to reject the recommended finalist, appoint a temporary clerk and start its own search process.

“That’s their prerogative,” he said.

Omaha Sen. John McCollister, a member of the Exec Board, said it might be wiser for the committee to hire someone prior to the beginning of the 2023 session, so a “functioning” clerk is in place before a new session begins.

Avoid ‘political wrangling’

It would avoid some potential “political wrangling” over the pick, the senator said, anticipating that “a different kind of body” will be seated in January.

Fourteen new senators will be seated Jan. 4 in the 49-member body, which most observers feel will shift more conservative in light of this week’s election.

Hughes, who heads the search for a replacement as chair of the Executive Board, and McCollister are both term limited and won’t be around Jan. 4 when the vote for a new Clerk of the Legislature is held. Other members of the committee leaving due to term limits are State Sens. Steve Lathrop and Patty Pansing Brooks of Lincoln. Sen. Mike Hilgers of Lincoln was elected Nebraska Attorney General and is also departing.

McCollister, an independent Republican who criticized President Donald Trump and often got the cold shoulder from fellow Republicans because of it, admitted that as “a lame duck,” he may not have the clout to force a hiring of a new clerk prior to Jan. 4.

But he argued that the Exec Board can “act on its own” when the Legislature is not in session.

Under legislative rules, at the start of each two-year session, lawmakers “shall advise and consent” to the recommendations from the Exec Board for the clerk and assistant clerk.

Hughes said Thursday he’s pretty sure McCollister’s idea isn’t going to fly. The committee, Hughes said, could hire someone, but it’s still up to the new Legislature to decide whom to appoint.

Hoping for unanimous recommendation

Hughes said his goal “for the good of the institution” is to have a clerk finalist who can be unanimously recommended by the nine-member Exec Board, though only a majority vote is required.

As early as next week, a screening committee consisting of Hughes, Hilgers and Lathrop is scheduled to screen and interview the three applicants. Their recommendation would be presented to the Exec Board for its decision.

Longest-serving clerk

O’Donnell has been the Clerk of the Legislature since 1978 — the longest stint of any current legislative clerk in the nation.

His longtime assistant clerk, Dick Brown, would not comment this week when asked if he is an applicant for the post.

Another current member of the clerk’s office, Brandon Metzler, whom observers said O’Donnell has groomed to be his replacement, did not return a phone call seeking comment on his possible candidacy.

Two others rumored as possible applicants, former State Sens. Scott Lautenbaugh of Omaha and Andrew La Grone of Gretna — who are both attorneys — did not return messages Thursday seeking comment.

The qualifications for the job, which include being a member of the Nebraska Bar Association and having at least five years’ experience with the Legislature, might have limited the number of applicants.

“I was hoping for more (than three applicants), but it is a pretty unique position, being the only Unicameral in the nation. That narrows the pool,” Hughes said.

He said he’s hoping the finalist can be selected by early December.

Nebraskans want accountability from their elected officials and government. They want to know whether their tax dollars are being well-spent, whether state agencies and local governments are responsive to the people and whether officials, programs and policies are working for the common good. The Nebraska Examiner is a nonprofit, independent news source committed to providing news, scoops and reports important to our state.