State Sen. Rob Dover of Norfolk, right, shakes hands with State Sen. Dan McKeon of Amherst, who decided to resign from the Nebraska Legislature. (Zach Wendling/Nebraska Examiner)
Erin Bamer
Nebraska Examiner
LINCOLN — Instead of possibly becoming the first sitting senator to be expelled from the Nebraska Legislature, State Sen. Dan McKeon of Amherst resigned minutes before floor debate was set to begin.
McKeon faced expulsion following allegations that he inappropriately touched a legislative staffer — allegations he denies. The Legislature’s Executive Board, which oversees the legislative branch’s internal discipline, introduced Legislative Resolution 282 for his expulsion.
That resolution was up for floor debate Tuesday. Just before the debate began at around 10 a.m., McKeon took the microphone and resigned his seat representing Legislative District 41.
“This last year has humbled me,” McKeon said tearfully.
State Sen. Kathleen Kauth of the Millard area, who vocally supported McKeon’s expulsion, said she believed senators had enough votes to expel McKeon — it required 33 — after checking with lawmakers Tuesday morning.
State Sen. Dan Lonowski of Hastings, who ran vote cards Monday to track legislators’ positions on expulsion, confirmed that he saw enough votes to possibly expel McKeon. Had the vote come, Lonowski said he planned to be present-not-voting.
State Sen. Ben Hansen of Blair, chair of the Exec Board, said McKeon’s resignation “was probably the appropriate thing to do, considering where the votes would have been.”
“Everybody here has tough decisions to make, and I think that was one that he had to think about and take,” Hansen said. “I think that’s a just thing to do for his constituents.”
Multiple senators echoed Hansen’s notion that McKeon did the right thing for the institution of the Legislature. State Sen. John Fredrickson of Omaha, who sits on the Exec Board, said the resignation will allow the remaining senators to focus on statehouse work, instead of his behavior.
The legislative staffer reported that McKeon made a joke about going to Hawaii to “get laid” and smacked her rear end after delivering the joke, according to an investigative report from outside counsel Tara Paulson.
A separate police report after the incident led to McKeon being cited for misdemeanor public indecency by the Nebraska State Patrol in October. Prosecutors have since charged him with misdemeanor disturbing the peace. McKeon pleaded not guilty after originally signaling his intent to plead no contest. His next court date is Jan. 26.
The Examiner is aware of the alleged victim’s name but is not publishing it because it is the policy of States Newsroom and the Examiner not to identify people who say they have been abused unless they wish to talk publicly.
Kathleen Neary, the attorney representing the staffer who made the allegation, declined to comment on McKeon’s resignation.
McKeon’s varied responses after the allegation, as well as additional allegations against the senator that have surfaced since then, contributed to the Exec Board’s resolution, Hansen said.
Senators aired concerns about some of McKeon’s statements in response to the allegations at LR 282’s public hearing Monday. Multiple members of the Exec Board said they felt McKeon’s reactions did not indicate remorse or a willingness to change his behavior, particularly a quote from a Dec. 17 press release.
“I will try to watch my future comments, but I might still occasionally have a bad joke slip out, and those who are on eggshells should avoid me, not engage me in conversation,” McKeon wrote at the time.
McKeon’s resignation speech took a different tone. McKeon said he recognized his “words and actions were careless, regardless of intent” and expressed a commitment to grow from his mistakes.
Kauth said she appreciated him taking accountability, but also said the action he took in resigning was more significant than the words he shared.
“The action of resigning is actually doing the accountability and not saying, ‘I’ll try to be better,’” Kauth said.
Paulson’s report concluded that McKeon’s actions did not constitute actionable sexual harassment under state or federal law. However, she said the actions may violate the Legislature’s own workplace harassment policy. That policy includes “sexually oriented jokes” in its definition of sexual harassment.
“Actionable is not tantamount to acceptable,” Paulson said.
Paulson added that she believes McKeon’s actions “should not be tolerated” by the Legislature, as it could foster a hostile work environment, which in legal circles could put taxpayers at risk of a state claim. Neary has said her client is considering filing a civil lawsuit, but hasn’t specified what parties would be targeted.
McKeon remained on the floor following his resignation speech, as his resignation did not take effect until the Legislature adjourned for the day at 12:13 p.m. Gov. Jim Pillen will be tasked with appointing his replacement, but the governor had not publicly indicated when he might do so as of 12:13 p.m.
State Sen. Stan Clouse of Kearney, a freshman senator like McKeon, said he applauds McKeon for his floor statement, which he described as “heartfelt” and “very difficult.”
“The choice he made still leaves the door open for future opportunities,” Clouse said. “We all wish him well and know that his heart’s in the right place.”
