Nebraska Lawmakers Consider Historic Expulsion of Senator Accused of Inappropriate Conduct

The push for expulsion stems from a complaint filed by a legislative staffer who alleged McKeon told her she should “get laid” during an upcoming vacation and later patted her buttocks at a May 29 end-of-session party held at the Lincoln Country Club. The event was attended by state lawmakers, legislative staffers and lobbyists.

The complaint prompted an investigation by an outside law firm hired by the Legislature’s Executive Board. The report, released Wednesday, concluded that while McKeon’s conduct did not rise to the level of sexual harassment or retaliation under state or federal discrimination law, it violated the Legislature’s workplace harassment policy.

The report stated that McKeon has “a reputation for making jokes” and that some of those jokes are “unprofessional and/or inappropriate for the workplace.” It said lawmakers may, at their discretion, censure, reprimand or expel him for his conduct.

According to the report, the staffer, McKeon and another staffer were discussing vacation plans when McKeon allegedly asked whether the woman was “going to Hawaii to get laid.” McKeon later described the remark as a joke, saying he had been referring to receiving a Hawaiian lei. The report noted that the woman was not vacationing in Hawaii, making the comment inconsistent with the discussion.

The staffer also alleged McKeon patted her on the buttocks. McKeon initially denied touching her, the report said, but later stated he may have touched her back, lower back or “even rear end,” though he maintained the contact was not sexual in nature.

Following the complaint, McKeon was instructed on June 2 by Sen. Ben Hansen, chairman of the Legislature’s Executive Board, not to attend social gatherings where staffers would be present. Despite that instruction, McKeon attended another party that same evening where staffers, including the complainant, were present, according to the report.

Nearly a month later, Hansen urged McKeon to accept responsibility for the allegations. McKeon subsequently sent the woman a handwritten note encouraging her to forgive him “because that is what the Bible instructs people to do,” the report said.

In August, McKeon texted another staffer who shared an office with the complainant, stating that the woman “seems to be difficult to work with,” according to the report.

A separate investigation by the Nebraska State Patrol resulted in McKeon being charged with one misdemeanor count of disturbing the peace. He has pleaded not guilty.

McKeon attended Wednesday’s opening session but declined to comment directly on the report. When asked about the allegations and the potential expulsion, he referenced religion, noting that his name, Daniel, means “just” in Hebrew and saying, “We’re all sinners,” when questioned about claims that he frequently made inappropriate jokes.

He said he does not plan to resign, despite calls from Republican leaders, including Gov. Jim Pillen, for him to step down. McKeon said he expects any vote on expulsion to be close.

“It is what it is,” he said. “I’m not going to cry about it or anything.”

The Legislature’s Executive Board is scheduled to hold a hearing Monday on the expulsion resolution. If approved by the committee, the full Legislature could debate the measure as soon as Tuesday. Expulsion would require 33 votes.

Since 2017, when The Associated Press began tracking allegations amid the #MeToo movement, at least 156 state lawmakers in 44 states have been accused of sexual harassment or misconduct.