Lincoln Journal Star - February 11, 2010
When it comes to ethics reform, a proposal from Sen. Bill Avery of Lincoln is hardly revolutionary.
Avery has proposed a bill, LB717, that would make information on conflict of interest statements more readily available to the public by requiring that they be published in the legislative journal as soon as they are filed.
Avery last week described the bill as a "modest change" at a public hearing on the bill.
It would, however, be a worthwhile step toward improved transparency in state government. The journal is available online and can be read and searched by state residents whether they live in Chadron or Falls City.
Under the current state law, legislators are required to file a statement of potential conflict of interest if they, a member of their immediate family or their business stands to benefit financially or lose money because of an issue before the Legislature. The statement is supposed to be filed as soon as they become aware of the conflict.
Senators file the statements with the Nebraska Accountability and Disclosure Commission, and they are available to the public.
Publishing the statements in the legislative journal, however, would alert the public to new filings and make the statements easier to find.
In some states, legislators are prohibited from voting, or participating in debate, on issues in which they have a conflict of interest.
Nebraska legislators have never been willing to go that far.
Prevailing sentiment in the Legislature always has been that the public's interest is best served when senators are able to bring their personal expertise to bear on issues, even when they have a conflict of interest.
"We bring with us our life experiences to the Legislature," said Speaker Mike Flood of Norfolk.
Currently, for example, senators turn to Sen. Colby Coash of Lincoln for information on issues relating to developmental disabilities and behavioral health.
Sometimes, of course, a senator's potential conflict of interest does provoke a public outcry. Constituents recently objected that Sen. Galen Hadley had a conflict of interest on a bill that would delay construction of a physician-owned hospital in Kearney. Hadley held positions with the owner of the nonprofit Good Samaritan Hospital. He has since resigned those positions.
Avery's bill, which might be handled as a legislative rule change rather than written into law, would make it easier for Nebraskans to connect the dots on their senator's activities.
Chisled on the wall of the State Capitol is the famous line: "The salvation of the state is the watchfulness of the citizen." Senators can help watchful citizens by making conflict of interest statements more quickly and readily available.
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