As we begin the new year, I will begin the last session of my first full term in the Nebraska Legislature. Over the past four years, I have not only recognized the impact that the Legislature can have on our everyday lives, but also the responsibility to represent you in a respectful, responsible way.

I recall the first session after I was appointed to the Legislature by then-Governor Ricketts. I had the privilege of sitting next to then-Speaker of the Legislature Mike Hilgers. I will never forget what he told me one day during a protracted filibuster debate. He could tell that my patience was being tried, so he told me that whenever he gets frustrated by what is happening on the floor, he leans back in his chair, looks at the amazing ceiling, and reminds himself how fortunate he is to serve in this body and the number of people counting on him to represent them. Then he finds the strength to push on. I have thought back to those words many times over the years. Mike and I continue to be good friends. The state is fortunate to have him as its Attorney General.

The legislative session begins on Wednesday, January 7, at 10:00 a.m. One of the first items of business will likely be a legislative resolution recommending the expulsion of Senator Dan McKeon from the Legislature. I know many of you have been following the press coverage of this issue. As a member of the Executive Board, I am limited in what I can share, but I can confirm that the facts will become clearer in the coming days.

The Executive Board voted unanimously to recommend Sen. McKeon’s expulsion, and Sen. Ben Hansen, as Chair, has prepared a legislative resolution to that effect. Like any other legislative resolution, once read across, it will be automatically sent to the Referencing Committee for referral to the committee of jurisdiction (the Executive Board). The Board will then schedule a public hearing, likely within the first couple of weeks of the session. At that time, more details about the Legislature’s investigation will be released, including evidence demonstrating a pattern of misconduct that is not isolated to a single incident. Members of the Executive Board will be able to ask questions during the public hearing as well. The Executive Board will then consider how it wants to proceed. If the Board votes to proceed, the legislative resolution would be sent to the Speaker and scheduled for debate on the floor at his discretion. It takes a two-thirds vote (33 votes) to expel a Senator following the floor debate.

It is important to remember that the matter before the Executive Board is primarily a human resources (HR) issue, not a criminal matter. If we receive a complaint from a legislative employee regarding improper contact, sexual statements, or any other conduct violation, we are obligated to investigate. If we find the complaint credible, we must conduct a full investigation to determine the facts and take appropriate action to ensure there is no hostile workplace environment. Following the Legislature’s March 2024 changes to its Code of Conduct, the rules are more targeted. It was an effort to be clearer that the Legislature has no tolerance for inappropriate behavior by its members.

Some have asked whether the Legislature should ever expel a member who was duly elected to service by the votes of a particular district. That is a very important question. The answer relates to the oath every Senator takes to uphold and abide by the Legislature’s rules. If a Senator fails to do so, you are at risk of expulsion. This is not a legal issue involving the courts, but rather an HR issue for the Legislature. The courts have their own rules and processes. If the parties wish to pursue court action, it is separate and distinct from legislative action. Just as someone could be fired from a job for improper conduct without a civil or criminal proceeding, so can the Legislature expel. Please also consider that this action is not taken lightly. My colleagues and I will continue to wrestle with what decision is right for the Legislature as the formal proceedings continue to unfold.

As Mike Hilgers so artfully reminded me, it is an honor and a privilege to serve as a State Senator. We must each take the responsibility of being a Senator seriously and conduct ourselves in ways that show respect to the office and our constituents, whether in a social setting, during grueling filibusters, or in the course of our everyday duties.

Please also consider that any action to expel is not taken lightly. My colleagues and I will continue to wrestle with what decision is right for the Legislature as the formal proceedings continue to unfold.

It is a pleasure serving as your State Senator. I have enjoyed the challenge and will continue to do my best to serve the interests of District 42. Please continue to reach out to me about issues important to you at mjacobson@leg.ne.gov or 402-471-2729, particularly as the 2026 session begins.