History Nebraska bill to shift agency control to governor is amended to guard academic freedom

LINCOLN — The Nebraska Legislature on Monday moved to ease some fears about the future of History Nebraska by amending a proposal about how the agency should be led.

State Sen. Danielle Conrad amended Legislative Bill 1169 by State Sen. Steve Erdman of Bayard to protect the academic freedom of choosing museum displays and public outreach.

Responding to a state audit of how the agency acquired private funds from the Nebraska State Historical Society Foundation, LB 1169 would shift the agency from being led by an independent board to being a “code agency” under the governor’s direction.

Defenders of the agency shared concerns during a hearing about LB 1169 letting the governor influence the agency’s work. Many focused on the potential for political interference by governors in the selection of exhibits, preservation of artifacts and involvement in public events. 

Conrad’s amendment clarified that the appointed agency director would be responsible for ensuring that History Nebraska’s work is protected.

The language says its work must stimulate, encourage and protect “the freedom of expression and academic freedom essential for the appreciation and understanding of the history of Nebraska.”

Her amendment was adopted on a 35-0 vote. LB 1169 advanced to final reading 31-0. 

“That’s why I put the amendment in place, to ensure clarity and protection for the important work that’s happening at History Nebraska,” Conrad said after the vote.

Erdman wants better fiscal management

Erdman, who fended off efforts to kill or drastically change his bill, said that he had spoken with Conrad about her goals and that neither wants political interference in the agency’s work.

Changes proposed by State Sen. John Cavanaugh of Omaha and George Dungan of Lincoln sought to more clearly define shared roles for the board, which LB 1169 makes advisory.

Erdman said the Conrad change should show people who are concerned that this is more about making sure what happened under former director Trevor Jones can’t happen again.

“It’s about the oversight of the finances, as well as the history,” Erdman said. “And we don’t have much oversight when we don’t have any elected officials.”

Shortly after Jones resigned in 2022, a state audit questioned how he handled $270,000 in private funds for agency use. State law required it to be deposited with the state treasury. 

Prosecutors allege he diverted a donation intended to cover financial losses from the COVID-19 pandemic into an account overseen by a private foundation he helped set up.

Jones has pleaded not guilty to a charge of felony theft by deception and awaits trial in Lancaster County District Court. His lawyer has argued the case is a misapplication of the law.

Attempts to reach a History Nebraska board member were not immediately successful.