Last year, just six months into his term as Nebraska’s attorney general, Mike Hilgers took over his role as inspector general, which oversees the state’s prison system, and the Department of Health and Human Services’ Division of Children’s Services, two of the state’s largest divisions. published an opinion questioning the legality of And the agency that has the most problems.
“On the same day, these agencies blocked our access to online case files,” said Julie Rogers, director of the state’s Office of the Ombudsman.
Not only did authorities block the inspector general, they blocked her office, even though the Office of the Ombudsman has a history of monitoring state institutions for more than 50 years. And the attorney general’s opinion does not mention the office.
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Since then, Rogers said, neither he nor the inspector general has had access to reports, case files or charges, nor have they been allowed to tour state prisons.
“Their lawyers also immediately sent out a company-wide memo instructing employees not to speak to us,” she said.
That means for the past six months, she and the inspector generals who report their findings to Congress have been investigating complaints about the treatment of prisoners, juvenile offenders, prisoners in prisons and children in state custody. means that it has been kept secret. Foster parent system.
Pedestrians pass in front of the Nebraska State Capitol on October 26, 2023 in Lincoln, Nebraska. The Nebraska Legislature is embroiled in a battle with Gov. Jim Pillen’s administration over who is in charge of ensuring state agencies comply with the law. (Joshua Lott/The Washington Post via Getty Images)
The state Legislature created the Office of the Inspector General for the State Child Welfare System in 2012 to address issues such as injury, self-harm, death and drug exposure among children in the child welfare system. The prison system’s Office of Inspector General was created in 2015 in response to deadly prison riots, years of miscalculations of prison sentences for hundreds of inmates by authorities, and severe prison overcrowding and staffing shortages. .
The agencies they investigate are under the authority of the governor, who appoints their administrators, and several lawmakers have accused the governor’s office of trying to usurp oversight from the Legislature. Hilgers denied that his office consulted Gov. Jim Pillen’s office about the opinion. Pillen’s office did not respond to questions about whether it advised Hilgers’ office on legislative oversight before issuing the opinion.
Conflict between the executive and legislative branches of government is by no means a new phenomenon. U.S. presidents are increasingly using executive orders to enact everything from military action to immigration, and the federal government is replete with examples. Congress has also broken traditions, such as when Senate Majority Leader Mitch McConnell vetoed President Barack Obama’s Supreme Court picks by refusing to even meet with then-federal judge Merrick Garland. He is trying to leave his mark on what has traditionally been considered a presidential decision. Attorney General.
In many states, there are also power struggles between branches. In Kentucky, the Republican-led Legislature has introduced a number of bills to take power away from the Democratic governor. These include bills that would allow the agency to call special sessions and bills that would allow the agency to appoint members of the State Board of Education. Both positions are currently held by the governor.
In Wisconsin, Democratic Gov. Tony Evers sued the Republican-controlled Legislature last year, accusing it of interfering with basic government functions, including refusing to approve raises for university employees and blocking state conservation programs. Meanwhile, Evers earlier this year took on Republican lawmakers who blocked a deal that would have secured federal funding to complete the largest land conservation purchase in Wisconsin history.
The conflict has likely been exacerbated by the coronavirus pandemic, which has seen governors, lawmakers and government agencies at odds over business and school closures and mask mandates. According to the National Conference of State Legislatures, more than 300 bills aimed at Congress’ ability to oversee executive branch actions were introduced in at least 47 states and two U.S. territories in 2021 alone.
“It is important to remember that the tug of war between branches is a conflict that has existed since the days of our democracy, and our system is designed so that this conflict is inherent and expected.” said NCSL spokesperson Mick Block. “Legislative oversight serves as a fundamental check and balance within our democratic system.”
Hilgers’ opinion came as a shock to many Nebraska lawmakers, some of whom helped write the government oversight law. Most of the members also served with Mr. Hilgers when he served as Assembly speaker before being elected attorney general a year ago.
The agency’s refusal to cooperate with the Congressional Oversight Service angered Democratic members of the officially nonpartisan Nebraska Legislature, who said the attorney general’s opinion carries no legal weight.
“Thus, these agencies have decided not to follow established state law, which is surprising,” said Daniel Conrad, a Lincoln senator, attorney, and former director of the American Civil Liberties Union state chapter. Told. “I’m concerned about the slippery slope we’re sitting on and letting other branches of government dictate when to follow the laws we enact on behalf of the people. This is a dangerous precedent.”
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In response to the conflict, Conrad and others introduced several bills this Congress aimed at strengthening Congress’ role. The bills range from a constitutional amendment that would let voters decide legislative oversight to a bill that would let lawmakers appoint agency heads instead of the governor.
Republican lawmakers and supporters of the Republican governor also acknowledge that the Legislature needs to act to maintain oversight. The Speaker of the Assembly, Senator John Arch, has introduced a resolution to the Assembly Executive Committee to establish a committee to review the oversight functions of the Assembly. Sen. Ray Aguilar, chairman of the executive committee, said he expects the committee to bring some of Democrats’ proposals on oversight to the full chamber this session. None had moved forward by Monday.
Meanwhile, the governor’s office and legislative leaders have agreed to a memorandum of understanding within days that will give inspectors public access to agency information and facilities, Rogers said.
