STATE AGRICULTURE OFFICIAL DISPUTES ALLEGATIONS ABOUT CAT, DOG BREEDER INSPECTION PROGRAM

LINCOLN- Agriculture Director Steve Wellman slammed a report Thursday that alleged he and his department failed to enforce laws pertaining to dog and cat breeders. He believes the report was "filled with factually inaccurate and self-serving biased information," and that the ombudsman "went out of his way to make the department look bad". Wellman also claims Rick Herchenbach, the whistleblower, is not protected under the whistleblowing state law. 

Carl Eskridge, the deputy ombudsman, said he followed all whistleblower laws and that he has always been completely honest and fair in his investigations. He says the evidence in this case show his high ethical standards. 

The investigation lasted 18 months and found that the Department of Agriculture failed to act on wrongdoing commercial dog and cat operations. Specifically, the department did not use administrative tools to hold bad operators accountable. The department also failed to refer complaints about abuse and neglect to local authorities. The report also concluded that Herchenbach acted within the state whistleblower law. Herchenbach is also suing the department for denying him a promotion because he raised complaints within the department, the suit is pending. 

Wellman defended the department's actions in his letter while also acknowledging a few small wrongdoings. The letter was in response to the Agriculture Committee chairman's letter to the department after hearing the conclusion of the report. 

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OMAHA CIVIC LEADER DAVID KARNES, FORMER NEBRASKA U.S. SENATOR, DIES AT AGE 71

OMAHA- David Karnes passed away Sunday after a months long battle with cancer at age 71. Karnes, who is most well known for his brief stint in the U.S. Senate, carved out a much more important legacy in Omaha as a man deeply involved in the city's civic, legal and charitable communities.

Governor Kay Orr made a surprise appointment of Karnes, a relatively political unknown at the time, to the Senate in 1987. He had not served in any public office at that point. He was then defeated by Bob Kerrey when up for his first election cycle. He had a long career as an attorney in both Omaha and Washington with the Kutak Rock law firm. He was most recently a member on the Omaha Airport Authority Board. He founded Liz's Legacy, a charity that raises money for cancer research in honor of his first wife who died of cancer in 2003. 

Although many will remember him as a member of the Senate, those who know him will remember him as a family man that always looked out for the interest of others. George W. Bush publicly encouraged Karnes to run for the Senate again in 2006, but he did not serve any more time in public office. 

He was on the founding board of the Omaha Children's Museum and served on many other charitable boards all over Omaha. In 2012, he was honored with the Distinguished Nebraskalander Award.

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HEARING WILL DETERMINE IF KEYSTONE PIPELINE RECEIVES CONSTRUCTION PERMIT IN NEBRASKA COUNTY

LINCOLN- The Board of Adjustment will have a hearing in which members will hear testimony on whether to overturn the denial of a of a permit for the Keystone XL Pipeline in Holt County. The denial came from the Holt County Board of Supervisors under a recommendation by the county's zoning board. 

in February, the Holt County Board of Supervisors denied a construction permit for the pipeline. That upheld a recommendation by the county’s zoning board to deny the permit to TC Energy, formerly TransCanada, until the pipeline developer “gains access into all lands” on the route either by voluntary agreements or eminent domain, and until the firm can identify all private drainage tiles in fields it crosses.TC Energy appealed the decision, which required Holt County to appoint members to its Board of Adjustment. That is a five-member panel that decides disputes over zoning issues; it hadn’t been activated for 25 years

If Joe Biden wins, he has vowed to block all construction of the Keystone XL. Jane Kleeb, who founded the pipeline opposition group Bold Nebraska, questioned why Holt County was seeking to resolve the matter amid a pandemic and just before the Nov. 3 election. If Joe Biden is elected Kleeb said it would render moot any decision made by the Holt County Board of Adjustment.

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OPPONENTS OF REVISED RULES FOR LINCOLN HALFWAY HOUSES CALL FOR EXTENSION OF MORATORIUM OF NEW APPLICATIONS

LINCOLN- Opposition to the proposal of rules to govern transitional living facilities in Lincoln are hoping to see the City Council extend its moratorium on expanding halfway houses beyond Nov. 16. Opponents say these rules makes it much easier to open a transitional living facility which will result in worsened safety precautions for the residents and neighborhoods. 

There is already concern that the government lacks the resources to correctly run facilities. The proposal caps capacity of the homes based on going. The council then approved an alternative-to-imprisonment facility and implemented a moratorium so the Planning Department could better draft rules. Planning commissioners voted unanimously in favor of the rules. The council took no action and is voting on regulations next week. 

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GROUP FILES TO RECALL LINCOLN MAYOR, 4 CITY COUNCIL MEMBERS OVER HEALTH DIRECTOR APPOINTMENT

LINCOLN- The Lancaster County Election Commissioner Dave Shively announced that recall affidavits have been filed against Mayor Baird and council members James Michael Bowers (D1), Richard Meginnis (D2), Jane Raybould (D3) and Tammy Ward (D4). This comes after a group, LNK Recall claimed their elected officials are not listening to them following the appointment of Health Director Pat Lopez, and implementation of a mask mandate.

Samuel Lyon, a Lincoln resident says Mayor Baird has sowed discord into neighborhoods. Specifically, the recall affidavit alleges Gaylor Baird “obtained open-ended authoritarian control, usurped legislative authority, misused the police and destroyed small businesses.”

Jane Raybould says she will stand behind the council's decision to confirm Pat Lopez to the Health Director position. However, she also understands the group has a right to mount a recall. The named officials will have time to put out formal responses before the affidavit's are circulated to the public. Petitioners will need to collect 21,652 signatures of registered voters to trigger an election recall against the mayor. Smaller numbers will be needed for a recall election for council members. 

In an editorial printed Friday, the Lincoln JournalStar called the recall move baseless and belies the intent of the recall process. “Last year, the attempt to recall Omaha Mayor Jean Stothert collapsed when organizers failed to get the signatures required to force a vote. That would be the best possible outcome for the ill-conceived, near frivolous, unnecessary attempt to recall Gaylor Baird and the council members, who have done admirable, not condemnable, work during the pandemic.”

Read the articles HERE and HERE

DOUGLAS COUNTY SHERIFF TIM DUNNING TO RETIRE AFTER 26 YEARS

OMAHA- Dunning notified the County Board and the Douglas County Clerk's Office on Wednesday morning of his plan to retire. He will officially be retired on December 31st. 

He began his career with the Papillion Police Department before joining the Omaha Police Department, and eventually being elected as Douglas County Sheriff in 1994. Dunning has won reelection to the position six times, with his departure on Dec. 31 coming with two years left in his current four-year term. 

“I’m just getting tired,” Dunning said Wednesday. “I told myself a long time ago that when I lost the spark, it was time to go. It’s time for some new blood to take over, some new ideas and so on.”

The County Board will appoint a replacement for the remainder of Dunning’s term. He is recommending his chief deputy, Tom Wheeler.

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PROTESTERS DISRUPT NEWS CONFERENCE OVER PROPOSED LEGISLATION TARGETING RIOTS

LINCOLN- The Law Enforcement Protection Act has not been written or introduced yet, but it has already drawn opposition from citizens who question the impact on constitutional rights, especially considering clashes between law enforcement and protesters during the summer’s Black Lives Matter demonstrations. Sens. La Grone and Brewer organized the news conference along with eight other conservative legislators as well as Rep. Don Bacon.

Opponents to the proposal say they have been harassed and injured by officers during peaceful protests this summer, but justice has not been done due to protections for officers already in law. Those who protested the measure during the press conference stated worry that the future bill will allow law enforcement to punish peaceful protestors, ignoring the first amendment of the Constitution.

In a brief outline of the future bill, if a group of six or more assemble and cause serious property damage or bodily damage to another person it would be a Class IIIA felony. Obstructing traffic or preventing movement of emergency responders will also carry a weight of a Class IIIA felony which carry a sentence of up to three years in prison and a $10,000 fine. Striking a law enforcement officer during a disorderly assembly will result in imprisonment. Under this bill, if a person is convicted of one of the above mentioned crimes, he or she will not be eligible for employment with the state. Those found guilty of these charges could be ineligible for state and political subdivision employment, as well as be banned from state benefits. 

Read the articles HERE and HERE

STATE OFFICIALS SEARCHING FOR A WILLING HOST FOR NEW NEBRASKA PRISON

LINCOLN- Officials from Waverly, Wahoo, Ashland and Fremont have been approached about building a 1,600 bed, $250 million prison in their towns. The process is already underway, state officials just need to find a willing host. Local hosts say there is not enough information on the prison for them to feel comfortable with commenting fully on the situation.  

The Department of Corrections made a formal request for information from private contractors for building a prison that is double the size of the state's current largest prison in Tecumseh. Officials say they need to build the prison in an area where it will be easy to find close to 500 people to adequately staff the prison. 

"The corrections director said the state is still 'crunching numbers' to determine whether the state would finance a prison in the traditional way, by allocating $250 million, or opt for a lease-purchase arrangement, in which Nebraska would pay perhaps $20 million a year to lease a prison built by a private contractor. The state would own the facility at the end of the lease period, spreading out the expense."

Nebraska ranks 2nd highest in prison overcrowding in the country.

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ENROLLMENT IN NEBRASKA PUBLIC SCHOOLS DROPS FOR FIRST TIME IN 20 YEARS; PRIVATE SCHOOLS DOWN, TOO

LINCOLN- Enrollment at Nebraska public and private schools dipped this year as the pandemic caused many families to home-school children or “redshirt” their young ones instead of enrolling them in preschool and kindergarten. Some parents, facing financial instability after a job loss, found it challenging to pay tuition at Catholic schools. Enrollment numbers revealed this week by the Nebraska Department of Education show 5,231 fewer students enrolled in Nebraska public schools this school year than last year.

This marks the first decline in 20 years for school enrollment in the state. 

Nebraska Department of Education Commissioner Matt Blomstedt said data still needs to be double checked, but suspects the declines will correlate with those students who have opted to be in home schooling this year.

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NEBRASKA REVENUE FORECASTING BOARD INCREASES TAX COLLECTION ESTIMATE

LINCOLN- The Nebraska Economic Forecasting Advisory Board raised revenue estimates on what the state can expect in the next two fiscal years. The three-year estimates show an increase of $605 million total after transfers to the state's rainy day fund and minimum reserve. Increase estimates for each fiscal year were: $285 million in 2020-21; $118 million in 2021-22; and $307 million in 2022-23. The state is already $84 million above the August certified tax forecast, and is likely to be $120 million ahead when October is completed, said Chief Fiscal Analyst Tom Bergquist. 

Major issues affecting the state's general fund revenue are COVID-19 and flooding-related tax filing deadline extensions, federal tax changes related to the national economic rescue package, the property tax relief credit (LB1107) and legislation-enacted cash fund transfers.

Renee Fry, OpenSky Policy Institute Executive Director, disagrees, saying the Legislature will likely experience a shortfall next session and says it will only get worse noting that the forecast highlighted that LB1107 will likely cost more than originally expected due.

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OMAHA DRAMA: BROTHER CALLS COPS AFTER BIDEN-BACKING SISTER TAKES TRUMP SIGN OFF HIS SUV

OMAHA- The highly contentious election prompted an Omaha family to involve police in a disagreement over candidate support. 

A 50 year old man, a Trump supporter, called police after he looked out the window of his home to see his sister, a Biden supporter, peel a Trump sign off of his SUV then leave.  The sister claims her brother is brainwashed. She claims she took the sign off because she feared her mother, who lives with her brother, would be in danger if someone damaged the home because of the sign. 

The brother is not pressing charges. 

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WARREN BUFFETT DISAVOWS RACIAL TONE OF ANTI-GAMBLING MAILER LINKED TO GOV. RICKETTS

INCOLN- Warren Buffett has rejected the "anti-Native American" tone of a campaign mailer sent by a group tied to the governor. Although Buffett remains firmly opposed to expanding gambling in Nebraska, he was appalled by the term "Indian casinos" being put by a picture of himself on the mailer. He claimed the mailer was "inappropriate" and a "dog whistle" that played into racial prejudices. 

The group that printed the ad, Keep the Good Life Inc., had received $250,000 in donations from Ricketts in just the past week. The group was recently founded to oppose gambling Initiatives 429, 430 and 431 that will appear on the Nov. 3 ballot. 

Ho-Chunk Inc. sponsored the petition that got the three measures on the ballot. The CEO of Ho-Chunk, Lance Morgan, says the column was designed to play into the prejudices by turning "Indians" into the bad guys. He says it was a scare tactic and has racist undertones. Legal counsel for the pro-gambling group says the opposition likes to "fear-monger" and "race-bait". 

Mike Fahleson is the registered agent for Keep the Good Life and is reported to be the treasurer, however, declined to comment and says he cannot speak for the group. 

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POST PRESIDENTIAL DEBATE POLL FINDS SUPPORT FOR TRANSITIONING ENERGY; BIDEN LEADS WITH VOTERS ON CLIMATE CHANGE

WASHINGTON- According to a new poll following the final presidential debate this week,  57% of voters are in favor of phasing out the U.S. oil industry in favor of ‘sustainable engergy’. The poll, conducted by Morning Consult and Politico found that 28% of voters opposed, while the measure found significant support among urban democrats. 

Additionally the poll found that registered voters trust Biden on climate change over Trump by a factor of 2 to 1. Trump has lost the trust of many energy workers, but experts are wary of the tightrope Biden must walk to maintain moderate and liberal voter trust. Voters on the left are concerned that Biden’s moderate stance will stymie the climate necessary to avoid catastrophe, but those in the middle don’t want to see layoffs and job cuts due to the loss of an industry that has dominated the American economy for a century.

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FIRST-TIME CANDIDATE SEEKS TO UNSEAT DEMOCRAT IN NEBRASKA PUBLIC SERVICE COMMISSION RACE

OMAHA- A Democrat has occupied Omaha's District 2 seat on the Nebraska Public Service Commission for over a century. Tim Davis, a Republican is seeking to break the streak by challenging incumbent Crystal Rhoades. Rhoades has a 6 to 1 funding advantage over Davis. Commissioners are full time, are elected on a partisan basis and get paid $75,000 a year. 

Rhoades is a former juvenile detention alternative coordinator and succeeded Anne Boyle who represented the district for 17 years. She has worked to expand broadband, training 911 operators and improved accountability of spending by companies by phone users that are dispersed by the PSC. 

Davis is a first-time candidate and won the GOP primary over Krystal Gabel by 2,400 votes. He says he does not vote for a party and wants to represent everyone in the district. 

Their main difference stems from the Keystone XL Pipeline. Davis says he would have voted for the pipeline path whereas Rhoades voted against. 

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BIDEN SAYS HE WON'T 'GIVE UP ON NEBRASKA', WILL GET VIRUS 'UNDER CONTROL'

OMAHA- Biden says 'Nebraskans are hurting' and he will fight to get coronavirus under control. He believes Trump has failed Nebraskans by focusing on other issues that are much less pressing. The Affordable Care Act is very important to Biden and he wants to continue to improve it. The Biden Campaign is planning to release a Nebraska-specific ad that features a retired Air Force colonel, and continue it’s Iowa focused ads which have been running in the metro area.

The two candidates are competing for the single electoral vote Omaha's 2nd Congressional District gives. This week, President Donald Trump vistied Omaha for an evening rally at a private hanger at Epply Airfield. National media noted the unprecedented visit by a sitting president competing for the district’s 1 electoral vote less than a week before the election.

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THE $170,000 CAMPAIGN OF TOM BREWER

VALENTINE - In the increasingly pricey elections of Legislative District 43, incumbent Sen, Tom Brewer has his work cut out for him. So far, Brewer is on track to spend more money on the district 43 race than any other candidate in the district’s history. The previous holder of this title was Al Davis, the man Brewer beat in his first election. Davis spent $183,648.87 in 2016 to eventually lose to Brewer by less than a thousand votes.

He’s facing off against Cherry County Commissioner Tanya Storer in what has become one of the most expensive races in the state. Brewer and Storer have spent a combined $174,974.58 from January until the end of September, outspending the candidates in the contentious district 1 race, according to campaign filing reports.

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EASTMAN CALLS FOR INVESTIGATION OF BACON COMMUNICATIONS SPENDING; HE SAYS HIS OFFICE FOLLOWED RULES

WASHINGTON — Omaha congressional candidate Kara Eastman, a Democrat, is criticizing Rep. Don Bacon, R-Neb., for using companies owned by the same man for both official communications and campaign business.

Bacon responded by saying everything his office has done was routine, followed the rules and was approved by House bodies in charge of reviewing official communications.“Taxpayer dollars were never used for campaign- related activities and it is a common occurrence for the same vendor to be used for political or official mail, something that House administration reviewed and said was fine,” Bacon Spokesperson Danielle Jensen said.

“Even though they were technically paid to two different companies, they are both owned and operated by the same person at the same address,” Eastman said.

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STARTING NOW, NEBRASKANS SHOULDN'T RISK THEIR EARLY BALLOTS BY MAILING THEM

OMAHA- Nebraskans who have early ballots should put them in an official election commission drop box or deliver them in person to their local election commission office. This close to Election Day, no one should risk their ballot not arriving on time. 

This is not to say the post office is behind, but a week is always standard delivery time, and now it is way too much of a risk. Ballots must be received by county election commissions by 8 P.M. on November 3rd. 50,000 people who requested early ballots have yet to return them. It is still possible to vote early in person at election commission offices until November 2nd. 

All polling places will be well staffed and ready on November 3rd. 

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NSAA ISSUES NEW HEALTH GUIDELINES FOR WINTER SPORTS

LINCOLN — Fan accessibility must be the same for both schools in a basketball game, wrestling match or swimming dual in winter-sports guidelines issued Monday by the Nebraska School Activities Association.

Among the requirements for all winter activities are that participants are permitted, but not required, to wear masks during competition. Coaches, non-active participants and spectators must wear masks at all time.  Attendance can be limited to the applicable directed health measure capacity restrictions for the host school.

The NSAA asks schools to consider restricting seating areas; creating separate entrances for visiting teams and fans; providing multiple concession stands or none at all; and providing separate or multiple restrooms for the two sets of spectators.

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LINCOLN CORRECTIONS CENTER UNDER QUARANTINE AFTER FOUR INMATES TEST POSITIVE FOR COVID-19

LINCOLN- All four inmates who tested positive for COVID-19 lived in the same room and are now under quarantine. The entire prison will now be under strict quarantine in which inmates will have reduced movement while contact tracing is underway. Community custody is the least restrictive level of the prison system. Inmates in this program are allowed to work, go to school and attend church in the community. Under quarantine, this program will be suspended.

The majority of inmates recover from the virus and two units are on medical isolation waiting to be used. 

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