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Nebraska Supreme Court rules state agencies can charge 'special' fees to review document requests • Nebraska Examiner

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Nebraska Supreme Court rules state agencies can charge 'special' fees to review document requests • Nebraska Examiner


LINCOLN — The Nebraska Supreme Court ruled Friday that state agencies can impose a “special services charge” to review public records requests.

The 23-page ruling tends to affirm a $44,103 charge to a nonprofit news site, The Flatwater Free Press, to fulfill its request for public documents related to nitrate contamination of the state’s groundwater.

Flatwater maintained that the charge was excessive and not allowed by state public records law, an argument that Lancaster County District Judge Ryan Post agreed with.

‘Voluminous requests could be disruptive’

But the state appealed, and the Supreme Court ruled Friday that state public records laws recognized that “voluminous (records) requests could be disruptive to the public body.”

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A “special service charge,” the court ruled, is allowed to cover the “existing salary or pay obligation” of state agencies’ employees after the first four hours of “searching, identifying, physically redacting, or copying.”

“However sympathetic we might be to (Flatwater’s) policy arguments,” the ruling stated, state law allows such fees to be charged.

Case ordered back to lower court

The court ordered the case back to Lancaster County District Court to determine whether the $44,103 fee conforms with the “special” fee allowance.

In a post Friday morning, Flatwater’s executive editor, Matthew Hansen, called the ruling “a blow to Nebraska’s public records law, a law written to protect media outlets like ours and Nebraskans like yourselves from the secrecy of those who hold power.”

“This clears the way for the State of Nebraska to charge us an ungodly amount of money to gain access to public records related to the state’s growing nitrate-in-groundwater problem,” Hansen wrote.

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The case grew out of a public records request by Flatwater to the Nebraska Department of Environment and Energy for emails and other documents containing the words “nitrate,” “fertilizer” and “nutrient.”

Series on nitrate contamination

The news site has produced a series of stories on nitrate contamination of the state’s groundwater — and the adverse health effects — based on public records it has been able to obtain.

Included was a story concerning contamination near hog barns operated by the family of Gov. Jim Pillen,  a story the governor said should be discounted because the author was from “communist China” — a comment that sparked a firestorm of calls for an apology.

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Other news media, including the Nebraska Examiner, also use information gleaned from record requests for reporting.

Initially, NDEE told Flatwater that fulfilling its records request would cost $2,000.

That led Flatwater to narrow its request, but also generated a new estimate from NDEE that it would require 927 hours of staff time at a cost of $44,103 to provide the records. Flatwater sued, calling the fee excessive and not allowed.

A key argument was whether a state agency, under the law, had a right to “review” records before they are released to determine if they are indeed public records and whether any portion needed to be redacted as not public.

The Supreme Court, in its ruling, said that such a “review” is allowed.

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Hansen, the Flatwater editor, said he expects the fight over this issue will continue at the Nebraska Legislature, which has the power to change state law.

Overall, he called it “a blow to the 10 words” that are etched into the north face of the State Capitol:  “The Salvation of the State is Watchfulness in the Citizen.”

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Shelter in place issued after suspicious object found in mailbox

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Shelter in place issued after suspicious object found in mailbox


UPDATE: Grand Island Police said around 3:30 p.m. Tuesday that the shelter in place order has been lifted .

GIPD said the item was retrieved by the Nebraska State Patrol Bomb Squad, who is investigating.

The area has also now been reopened.

ORIGINAL STORY:

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The Grand Island Police Department has cordoned off a local block and is urging residents to shelter in place.

According to GIPD, officers responded to the 4300 block of Sherwood Road just before 2:00 p.m. Tuesday afternoon. A resident reported finding a suspicious cylindrical object wrapped in duct tape inside a home.

The Nebraska State Patrol Bomb Squad has been called to the scene to investigate the device.

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68 students chosen as Nebraska Young Artist Award winners

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68 students chosen as Nebraska Young Artist Award winners


The University of Nebraska–Lincoln’s Hixson-Lied College of Fine and Performing Arts has announced the winners of the 29th annual Nebraska Young Artist Awards.

The awards recognize 11th-grade students from Nebraska for their talents in visual art, dance, music, theatre, and film and emerging media arts. 

Sixty-eight students from more than 40 high schools across the state have been selected as award winners and will be invited to a day of activities on campus March 25.

“Our faculty always look forward to this event,” said Chris Watson, director of recruitment for the college and coordinator of the awards. “They love meeting enthusiastic young artists, working with them and celebrating their talent.”

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Students applied for the recognition and submitted an example of their work. Applications were received from 92 students. Hixson-Lied College faculty chose the winners.

Award winners were also asked to nominate the teacher who provided them with the greatest amount of mentoring and support in the development of their special talents. 

Each student will receive a certificate and an original piece of artwork commissioned for the event and created by a School of Art, Art History and Design student.

Following is a list of award winners by hometown, with their high school and specialty area(s).

Aurora:

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  • Calvin Miller, Aurora, music

Beaver City:

  • Johnathan Eakin, Southern Valley, visual arts

Bellevue:

  • Mami Lloyd, Bellevue West, music

Bennington:

  • Liliana Martic, Bennington, music

Eagle:

  • Jorie Goings, Waverly, dance

Firth:

  • Petra Van Cleave, home school, music

Fremont:

  • Xavier Herre, Bergan Catholic, theatre

Fullerton:

  • Lylla Sabata, Fullerton, music

Gretna:

  • Lillian Bock, Gretna, music

Harvard:

  • Allee Jarzynka, Harvard, music

Hendley:

  • Lily Jordan, Southern Valley, visual arts

Hooper:

  • Leo Arellano, Logan View, visual arts
  • Ellsie Meier, Logan View, visual arts

Kearney:

  • Kruz Flamig, Kearney, visual arts
  • Isaac Hooton, Kearney, visual arts
  • Mariah Kaslon, Kearney, visual arts
  • Landen Tilley, Kearney, visual arts

Lincoln:

  • Alissa Brenning, Norris, dance
  • Kali Brewer, Lincoln Southeast, visual arts
  • Ava Engel, Lincoln Northeast, dance
  • Emalie Fischer, Lincoln North Star, dance
  • Adelyn Haden, Lincoln Standing Bear, dance and music
  • Audrey Haugen, Lincoln Southwest, theatre
  • Andrea Hu, Lincoln East, music
  • Logan Lambrecht, Lincoln Southwest, music and theatre
  • Mckinzey Lile, Lincoln North Star, dance
  • Hayley Marshall, Lincoln Southwest, dance
  • Riley Minster, Lincoln East, music
  • Joslyn Morgan, Lincoln Southeast, music
  • Ariadne Ottoson, home school, music
  • Megan Plander, Lincoln Lutheran, theatre
  • Lauren Ramey, LPS Arts and Humanities Focus Program, visual arts
  • Blake Semrad, Lincoln Southwest, dance
  • Emma Shaeffer, Lincoln Southwest, dance
  • Taylor Sharpe, Lincoln Southwest, dance
  • Hugh Skretta, Lincoln High, music
  • Samuel Sulzle, Lincoln Northwest, music
  • Brooks Xia, Lincoln East, music

Martell:

  • Reese Thomas, home school, music

Norfolk:

  • Noah Asbury, Norfolk, music
  • Emily Henkel, Norfolk, music; Nathan Kaiser, Norfolk, music
  • North Platte: Brett Pfeifer, North Platte, theatre

Omaha:

  • Asher Abuhl, Trinity Classical Academy, music
  • Adam Campagna, Omaha South, film and emerging media arts
  • Liam Cowherd Richardson, Creighton Preparatory, music
  • Regina Ho, Millard South, film and emerging media arts
  • Connor Holmstedt, Fort Calhoun, music
  • Kara Leininger, Duchesne Academy, music
  • Jayden Li, Millard North, music; Violet Little, Omaha Central, dance
  • Mrethi Magesh, Millard North, dance
  • Venkatesan Marichamy, Millard North, dance
  • Moyra Matthews, Duchesne Academy, dance and music
  • Jackson Mu, Millard North, music
  • Gauri Nair, Millard North, dance
  • Angela Qi, Millard North, music
  • Jackson Ramsey, Gretna East, music
  • Tara Richardson, Creighton Prep, music
  • Vandana Santhanam, Marian, music
  • Caroline Soderlin, Millard North, music
  • Akshara Venkatesan, Millard North, dance
  • Caleigh Walkenhorst, Millard West, music

Osmond:

  • Donovan Heiman, Osmond, theatre

Papillion:

  • Emelia Weaver, Papillion-La Vista, music

Pierce:

  • Spencer Sindt, Pierce, music

Randolph:

  • Brecken Shearer, Randolph, visual arts

York:

  • Allison Holmes, York, visual arts



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Nebraska completes sweep over Michigan State in 12-2 seven-inning win

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Nebraska completes sweep over Michigan State in 12-2 seven-inning win


Nebraska baseball (10-5, 3-0) closed out its three-game series with Michigan State (3-11, 0-3) on Sunday afternoon. The Huskers completed the sweep over the Spartans, earning a 12-2 run-rule win in seven.

Nebraska shut down Michigan State early, scoring five runs in the bottom of the first after the Spartans took a 1-0 lead. The Huskers scored 11 straight before surrendering another run. The team totaled 11 hits and held Michigan State to three. The Spartans also suffered five errors.

Nebraska struck three home runs on the day, two off the bat of Dylan Carey. He hit 3-for-4 for four RBIs after hitting multiple two-run home runs. Preston Freeman also blasted a two-run shot over the wall to finish 1-for-3.

Case Sanderson brought in three RBIs after batting 2-for-4 with a double. Drew Grego also finished 2-for-4, earning one RBI. Mac Moyer grabbed one RBI off a double. Jett Buck and Joshua Overbeek each delivered one hit.

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Gavin Blachowicz (2-1) won at the mound and pitched all seven innings for the Huskers. He struck out a career-high 11 batters and allowed three hits for two runs.

Nebraska remains at home for its next matchup, hosting North Dakota State on Wednesday night. The first pitch is set for 6 p.m. CT on B1G+.

Contact/Follow us @CornhuskersWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Nebraska news, notes and opinions.





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