Nebraska
Consultant sees $531M in trims to NE state government • Nebraska Examiner
LINCOLN – A highly-paid consultant is projecting that Nebraska state government could cut $531 million in spending within a year if it more sharply focused on system-wide outcomes that better serve its customers, and tapped more federal and state reserve funds.
In a 57-page report after a year on the job, Utah-based Epiphany Associates said it has identified “an incredible capacity for change and improvement in Nebraska’s state government” that added up to more than a half-billion in savings.
It identified four areas in particular where changes would result “in the biggest return on investment.”
Those are the child welfare and Medicaid divisions within the Department of Health and Human Services, the Lincoln Regional Center, and the inmate rehabilitation and reentry program within the Department of Corrections.
Part of Pillen’s plan
About half of the projected savings — about $256 million — would come from removing financial “buffers” in state budgets, such as reducing fiscal reserves, eliminating unfilled staff positions and tapping additional federal funds to cover expenses now handled with state tax funds.
The rest of the projected savings would come from reduced indirect costs such as data analysis systems ($8.7 million), improved contracting with private suppliers ($73.5 million), better return on economic development grants ($22.4 million), improved return on information technology spending ($32.5 million) and better focus on system-wide performance ($138 million).
Gov. Jim Pillen, who made hiring Epiphany a key part of his plan to reduce local property taxes, has already begun urging state agencies to apply for more federal funds to displace state financing of services, and moved to eliminate hundreds of long-unfilled state jobs. The report said that Nebraska ranks very low, 40th in the country, in its “per-capita balance of payments” with the federal government.

Pillen spokeswoman Laura Strimple told the Nebraska Examiner on Friday that the governor is pleased with the work of Epiphany so far and looks forward to more of its work.
She said he supports the “systems approach” used by the consultant, and the idea that state government needs to improve its monitoring of state spending to produce “the best outcomes.”
“When state systems improve in quality, there’s the potential for saved resources to be repurposed in other ways, or to reduce overall expenses,” Strimple said in response to emailed questions.
She added that Pillen agreed with Epiphany that Nebraska has too much sitting in reserve funds — nearly $2 billion — “that could be put to better use.”
Reaction to the report from two key senators was more mixed.
State Sen. Rob Clements of Elmwood, who heads the budget-writing Appropriations Committee, said that one of his least favorite sayings is “we’ve always done it that way.” He said he encourages new employees at his bank to suggest ways to improve efficiency.
Clements said that while he had not yet read the report, he supported contracting with Epiphany with the assurance that its recommended budget cuts can occur “without a drop in services.” He added that he would have to review the suggestion that reserve funds should be cut.
In its report, Epiphany emphasized that cutting spending does not necessarily mean a reduction in services and that increasing funding does not always equate to better outcomes.
Lincoln Sen. Danielle Conrad, who served several years on the Appropriation Committee, struck a more cautious tone, and said the report leaves a lot of questions unanswered.
She said that while it’s appropriate to “take a fresh look at ideas to reduce state budgets, most of (Epiphany’s) aren’t that fresh.”
“The ones that are will need a lot more analysis,” Conrad said.
For instance, she said that it’s already accepted that luring more federal funds to the state is a good idea, and that it can save money if prison inmates are better prepared to return to society — another Epiphany recommendation.
Conrad said she was most skeptical about a suggestion that Nebraska significantly pare back its cash reserve fund — the so-called “rainy day fund” — that is used when state tax receipts plummet in an economic downtown.
Doing that, the senator said, risks ruining the state’s reputation as a fiscally sound state. In its last rankings of best states, U.S. News & World Report rated Nebraska No. 3 in the nation as the most fiscally responsible.
$10 million consultant contract
A Lincoln think tank that monitors state budgets has seen the report, and Open Sky Policy Institute expressed concerns about straying from current state budget practices in which the State Legislature — not the governor’s office — determines how state tax dollars are to be spent. Rebecca Firestone, the executive director of Open Sky, said it raises separation of powers concerns.
Epiphany was hired for $10 million over four years to cut state spending and improve services.
In its report, it faulted past state efforts at “continuous improvement” of state programs as missing the mark by focusing on individual parts of a system, rather than the system, and its outcomes, as a whole.
That appeared to be a jab at the 26-employee Center for Operational Excellence created under then-Gov. Pete Ricketts that was eliminated by the current governor. Pillen opted instead for Epiphany, which Utah officials credited with improving efficiency of executive branch agencies in that western state by 35%.
Pillen, when he signed the contract, told the Omaha World-Herald that he was seeking “breakthrough change” in state spending. The contract calls for cutting at least 3% of state general funds in the first year, and 6% in the second.
The cost-cutting effort is part of his goal of reducing local property taxes by 40% – a goal which has prompted Pillen to suggest a special session of the State Legislature later this month.
Recommendations, observations
Among other recommendations and observations in the report:
— Draw down existing Cash Reserve Fund and General Fund unobligated balances. The report recommended reserves of between 4% and 8% of the general fund based on the stability of Nebraska’s tax base.
The state’s cash reserve fund is expected to hold $800 million by fiscal year 2027, about 14% of the general fund, the report stated, and unobligated funds in the budget are expected to be $700 million by that time, or about 12% of the general fund budget. The report said that two recent fiscal downturns — the Dot-Com recession of 2001 and the pandemic — saw state tax receipts drop by 3.7% and 8.6%, respectively.
— Between 2021 and 2023, costs in the Nebraska child welfare program increased an inflation-adjusted 6% ($53.7 million), while the average number of children served per month decreased by over 4% and the average days it took to establish permanency for children increased by 108 days. That, the report said, is an example of how more spending does not improve services.
— Stop projects and resources that are dedicated to things that, although well intentioned, are not generating system-level results for the customers they serve.
True improvements must result in better outcomes for the primary customer — not the internal bureaucracy, the report stated. State staffers, it added, spent “significant time” on projects that do not have a defined result or outcome.
— The state could save $73.5 million in the next year by improving its contract procurement processes. The state awarded nearly $20 billion in contracts for goods and services during the 2022-23 fiscal year, but procurements often are not held accountable for their impact (or anticipated impact) to system performance or outcomes. (Sen. John Arch, the Speaker of the Legislature, is leading an effort to improve contract selection and performance under a bill passed this year.)
— Improve return on investment for grants awarded by the Department of Economic Development by better targeting specific industries and identifying and tracking specific outcomes. That could save $14.8 million.
“In some cases,” the report said, “(DED) grants were awarded to large corporations who would have likely done business in Nebraska regardless.”
Nebraska Phase 1 Report Final
Nebraska
Nebraska’s governor doesn’t carry a state-issued phone. Critics call it an abuse of state disclosure laws. – Flatwater Free Press
For more than two years, Nebraska Gov. Jim Pillen did not make or take a single call on his cellphone while on the clock as the state’s chief executive — at least none that there is any record of, according to his office’s top attorney.
After the Flatwater Free Press filed a public records request for call logs from Pillen’s cellphone dating back to September 2023, the governor’s general counsel said no such records exist.
“Governor Pillen does not have a state-issued mobile phone,” the lawyer, Michael J. Donley, said in an email earlier this month — more than four months after Flatwater filed the request.
The revelation marks Pillen’s latest step to shield his communications from public view. He broke with more than 30 years of gubernatorial practice by not releasing a public schedule in March 2023, just two months into his first term. And in August of that year, his office refused to release four of his emails in response to a public records request, citing “executive privilege” — a justification that does not exist in Nebraska’s public records laws.
“I don’t email, I don’t text,” the first-term Republican governor said in response to criticism from Democratic lawmakers over his refusal to release the emails. “Texting when it’s for anything other than logistics, I don’t do.”
His decision not to carry a state-owned cellphone makes him the first governor in at least 20 years not to do so — and, advocates say, amounts to an attempt to circumvent state law.
“It’s absurd to think that simply moving his business to a private cellphone means that none of those records are available to the public,” said Gavin Geis, the director of Common Cause Nebraska, a transparency-in-government watchdog group. “That’s just an abuse of the whole public records process.”
Flatwater sought the records after the online news outlet the Nebraska Examiner reported in January that Pillen had steered the Nebraska Department of Economic Development to award a $2.5 million no-bid emergency contract to a lobbyist who had joined Pillen on state trips to South Korea and Japan.
Flatwater also requested emails between Pillen’s chief of staff, Dave Lopez, and former state economic development officials, including one who told the Examiner that Lopez had provided input on the state’s contract with Julie Bushell, the lobbyist. That portion of Flatwater’s request, which covered an 11-day period last July, also yielded no records, according to the Governor’s Office.
Under Nebraska law, “all records and documents, regardless of physical form, of or belonging to this state” or local governments are a matter of public record — meaning Nebraskans have the right to examine them, with exceptions allowed for investigative police records, personal information, trade secrets and a host of other sensitive documents. The law does not explicitly say whether records from public officials’ personal devices or private email accounts are subject to the law, but prior attorneys general have held for decades that they are.
Pillen’s office repeatedly claimed that Flatwater’s request sought “a record which does not exist” but declined to elaborate. Laura Strimple, a spokeswoman for the governor, said Pillen’s office “is transparent, follows the law, and has diligently responded to the countless public records requests we receive, including several from your outlet.”
“If you choose to publish this non-story, your outlet will have demonstrated once again that it is more interested in political hits and sensationalism than news that matters to hardworking Nebraskans,” Strimple said in an email.
She did not respond to follow-up questions about whether the governor has ever used his phone for state business and whether his office would consider those calls a matter of public record.
Full statement from Gov. Pillen’s spokesperson
After Pillen’s general counsel said records of the governor’s cellphone calls don’t exist, Flatwater sought to understand whether Pillen’s office believes that records of public business stored on private devices are not a matter of public record, an interpretation breaking with decades of precedence. The attorney, Michael J. Donley, said his initial claim “was more limited than how (Flatwater) characterized it,” but did not respond to follow-up questions seeking clarification.
In response to more emails seeking clarity, Pillen’s spokeswoman, Laura Strimple, said:
“If you want a response beyond what we have already told you, then you’ll print in full that:
- Governor Pillen’s administration is transparent, follows the law, and has diligently responded to the countless public records requests we receive, including several from your outlet.
- As we have repeatedly informed you, your public records request asked for a record which does not exist. We have fulfilled the parameters of your request with that answer.
- If you choose to publish this non-story, your outlet will have demonstrated once again that it is more interested in political hits and sensationalism than news that matters to hardworking Nebraskans.”
State law also requires Pillen’s office to maintain a file of all letters it sends denying records requests, and for that file to be made available to any person on request. Donley did not respond to multiple Flatwater requests to review the file, in conflict with the law.
Reporters often use the state’s public records law to find out who government officials are communicating with via phone, email and text.
In 2013, the Omaha World-Herald used call logs obtained under the law to reveal Nebraska’s then-lieutenant governor, Rick Sheehy, had made 2,300 phone calls on his state-issued phone to four women other than his wife, one of whom told the paper she had a four-year affair with Sheehy. He resigned a day after The World-Herald contacted him about its findings.
Such probes have historically not been limited to communications stored on state-owned devices.
In 1997, then-Attorney General Don Stenberg issued an opinion declaring that “public records need not be in the physical possession of an agency to be subject to disclosure under state records acts.”
Lawyers in then-Attorney General Jon Bruning’s office cited Stenberg’s opinion in 2012 when the office determined that members of the Gage County Board of Supervisors were obliged to turn over emails from their private accounts in response to a request from the Beatrice Daily Sun, which sought emails between the board and the county’s medical director, who had resigned.
In 2015, lawyers in then-Attorney General Doug Peterson’s office directed Omaha Mayor Jean Stothert, a Republican, to turn over texts she had sent on her personal phone to City Council members. “It seems to us that the records at issue here are those pertaining solely to the City’s business,” Peterson’s office wrote. “There is no right of privacy for matters that are not private.”
The Nebraska Association of County Officials, a nonprofit that serves and lobbies for all 93 of the state’s counties, tells its members the same. A presentation from the organization’s 2025 annual conference warned that text messages dealing with the public’s business “will be considered a public record.”
A spokeswoman for Mike Hilgers, Nebraska’s current attorney general, declined to say how he advises state agencies on public records stored on private devices. Neither Bruning nor Peterson, both Republicans, returned phone calls seeking comment.
Max Kautsch, a Kansas-based First Amendment rights and open government attorney who also practices law in Nebraska, said Pillen “is gambling that there will be no political consequence from narrowly construing the law.”
“In Nebraska, there is a collective hunch that public officials cannot conduct the public’s business on private devices,” he said. “But the governor wants to push back on what the consensus is on the law. The Legislature should make his obligation clear.”
Courts and attorneys general in other states have largely agreed. A 2014 study from Oklahoma State University found that courts and attorneys general in 18 states had addressed access to public records on private devices. In 15 of those states, authorities held that such records were open to public inspection.
That interpretation isn’t universal. Kentucky’s Supreme Court recently zagged, ruling 4-2 in April that public officials don’t have to disclose records of government business conducted on their private phones.
David Cuillier, director of the Joseph L. Brechner Freedom of Information Project at the University of Florida, called the Kentucky case “an outlier,” not the start of a trend. “At least I hope not — because it’s ludicrous to say that government employees and officials can do government business secretly just by using their own laptop or cellphone or Gmail or Yahoo account,” he said. “That defeats the whole purpose of public records laws.”
In Nebraska, Pillen’s decision to eschew a state-issued phone marks a break with at least two decades of precedent.
Former Republican Govs. Pete Ricketts, who preceded Pillen, and Dave Heineman, who served from 2005 to 2015, confirmed to Flatwater that they had state-owned mobile phones that they used for state business. Heineman, who served as lieutenant governor under Gov. Mike Johanns, said he believed Johanns had one, too.
Johanns, who was governor from 1999 until 2005, did not return emails seeking confirmation. Nor did former Gov. Kay Orr, who served one term as governor starting in 1987.
Former Gov. Ben Nelson said he may have been Nebraska’s first governor to carry a mobile phone after his election in 1990. The technology was in its infancy, and mobile phones were so big that a state trooper carried it for him, he recalled.
The Democrat couldn’t remember ever receiving a public records request for his call logs, he said. He took more heat from reporters over his public appearance schedule — something for which Pillen was criticized in 2023 for not making available to the press, breaking with more than three decades of practice.
Nelson faced a different kind of criticism, he said. He recalled a reporter asking about the frequent weekend hunting trips detailed on his calendar.
“The people of Nebraska — they’re telling me they want less government, so I’ve been trying to give it to them,” Nelson recalled saying.
The room filled with laughter, and the reporter who had asked about the trips looked sheepish, Nelson said.
“But the point is,” he said, “she knew my whereabouts.”
Nebraska
Nebraska Dept. of Agriculture proposes ban on food and beverages containing any amount of THC
LINCOLN, Neb. — A public hearing Thursday drew strong opposition to proposed rules that would label food adulterated and illegal if it contains any amount of THC and its derivatives, potentially decimating Nebraska’s hemp and CBD industry.
The regulations would affect products like gummies, beverages and oral tinctures. Over 490 people wrote in opposition to the new regulations, while only three supported them.
The rule changes stem from an executive order issued by Gov. Jim Pillen in January requiring state agencies to review laws regarding the use of synthetic THC in food and beverages. The order was made to align with federal law coming in November 2026, which bans synthetic THC products and limits total THC concentrations in hemp products to not exceed 0.4 milligrams per container.
The proposed Nebraska rule goes beyond that federal standard.
“I would say it’d be similar other than it does say no THC. It is zero THC,” said Andrew Bish, chief operating officer of Bish Enterprises. “It’s not we are deferring to the federal government standard and aligning with the federal government standard. It is, in fact, a different standard.”
Fifteen speakers testified during the hearing, with many calling for the Department of Agriculture to regulate the industry rather than enforce outright bans.
“I respectfully urge the department to pursue a balanced science-based approach that protects public safety, targets specific problems, strengths and standards where necessary and holds bad actors accountable without unnecessarily eliminating access to products that may Nebraskans find valuable and beneficial,” said Dr. Andrea Holmes, a professor of chemistry at Doane University.
Many who testified were shop owners who said the regulations would result in major business losses and reduced state revenue.
“In 2025, we pay over $1 million in sales tax. We expect to be over $1.3 million in 2026,” one speaker from The Cannabis Factory said. “We’re not opposed to regulation, or oversight, or even additional taxation.”
The Department of Agriculture will review comments and decide if any changes need to be made. If not, the regulations go to the attorney general and the governor for approval.
The regulations include a carve out for the medical cannabis acts, meaning people with medical cannabis cards could get prescriptions that would not be affected by this proposed regulation change.
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Nebraska
Disaster declaration sought for May storm damage in Nebraska
Nebraska Gov. Jim Pillen said Thursday that he has asked President Donald Trump to issue a major disaster declaration for damage caused by storms that hit the state May 15-18.
The storms spawned tornadoes and flash flooding across Buffalo, Fillmore, Gage, Howard, Jefferson, Nemaha, Thayer and Thurston counties. There were numerous downed power poles and lines as well as extensive damage to schools, building and roadways. Damage just to public infrastructure is estimated at nearly $5 million.
In addition to the disaster declaration request, Pillen said he also has requested access to the Hazard Mitigation Grant Program, which provides funding to governments to allow them to rebuild in ways that will reduce or mitigate future disaster losses. Approval would allow the state to apply for such grants.
Thursday’s disaster declaration request is the second in two months. Back in May, Pillen requested one for historic wildfires in March that impacted Arthur, Garden, Grant, Lincoln and Morill counties. At the time of the request, it was estimated there was at least $9.7 million in damage from the fires, which were the worst in Nebraska’s history.
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