Nebraska Ballots 2014: The Obscure Stuff

SO. You work at being an informed voter. Besides basically paying attention and keeping up with the news, etc., sometime before filling out your ballot, you’ve done a bit of research on candidates you know are running. The “stuff” that seems obvious if you’re trying to do your due diligence, in other words. (And by the way, if you’re still working on that for this election, you might find our Candidate Profiles article helpful. All federal and state candidates are included.)

But what about everything else on that ballot? Whether it’s reading a voter’s guide, candidate profiles, or at the moment you’re confronting the ballot, suddenly, you question whether you are all that well-informed after all. After the offices and names you recognize, there’s a long list of “stuff” you’ve got no clue about — the “obscure stuff”.

Just WHAT in the name of heaven IS a “natural resources district” anyway? OR an “educational service unit”? If those names seem vaguely familiar, perhaps you saw them listed on your property tax assessment but never remembered to investigate further. But it’s likely there is other “stuff” you’ve never seen anywhere else.

My objective in preparing this article was to accomplish the first and necessary step for being an informed voter for myself and and my immediate family: discovering what each governmental entity is, what it does, and who’s representing me there, now.

However, I learned more than I expected, so I recommend that, whether or not all of the entities exist in your area or appear on your ballot this election, the information is still worth at least a glance. What I learned is that there are a surprising number of overlapping layers and tiers of governmental entities that function in exactly the same areas.

What was most startling, however, is that increasingly, in recent years, the Nebraska Legislature has added layers of central control through the creation of unelected boards and commissions on top of elective bodies.

Additional analysis is definitely needed, but will have to occur later. In the meantime, the impact of my realizations, I think, is best embodied in the expression etched above the State Capitol’s north-facing door:

“The salvation of the state is watchfulness in the citizen.”

TIPS ABOUT USING THIS ARTICLE

• Each entity’s title is also a LINK either directly to their website, relevant oversight body, or association.
• I tried to use the same format for each, to make them easier to follow.
• You can “jump around” the article by using the “Back to Navigation” links at section ends which will take you to the Navigation section, below.
• FINDING YOUR DISTRICTS / YOUR CANDIDATES:
  1. There is a small image of a sample ballot for each entity, which is directly linked to the Official Sample Ballot, for each, provided by the Nebraska Secretary of State¹You can see a list of all candidates across the state, for all offices, by viewing the Secretary of State’s Candidate list document., which can also be downloaded and/or printed.
  2. If available, I’ve provided a map image linked to a page/tool to assist in determining district information.
  3. When separately available, I’ve provided a link to a list of the individual districts’ websites.
• You will find a section called “Some Key Issues” for most entities listed. Considering the research time in putting this article together, the analyses represent some basic principles. If you have additional, more detailed or different perspectives, I encourage you to leave a comment.

NAVIGATION:

Elected Officials: Members – officially non-partisan

8 Districts

4 year terms

Board Members…

• aren’t paid, but are reimbursed for actual expenses

 

Some Key Issues:

1. Education – excluding University of Nebraska funding – is the state’s second largest expense, comprising 18.38% of the budget for the fiscal year ending 6/30/2014 at a cost of $1.5 billion.
2. The lion’s share of property taxes goes to education (to local school districts)
3. Policies affecting all schools, and therefore all children in Nebraska, are impacted by this entity

Sources of Authority

Nebraska’s Constitution, Article VII-3, Nebraska Revised Statutes Chapter 79; specifically 79-301
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EMINENT DOMAIN POWER

General supervision over all elements of the University of Nebraska and it’s four administrative units, including control and direction of all expenditures and general operating policies. The four administrative units are University of Nebraska-Lincoln, University of Nebraska Medical Center, University of Nebraska at Omaha, and University of Nebraska at Kearney.

Elected Officials: Regents – officially non-partisan

8 Regents

6 year terms

Regents…

• aren’t paid, but are reimbursed for actual expenses

 

Some Key Issues:

1. State taxpayers: 7% of Nebraska’s budget for the fiscal year ending 6/30/2014 at a cost of $549 million+ was allocated for the University of Nebraska.
2. Federal taxpayers: The University system received nearly as much money from the federal government during that same period – $535 million+. (There may be additional, individual research grants that aren’t included in this number.)
3. Local Impact: See footnote on land in use / controlled by the University system²According to the last official land inventory report (which is inexplicably a decade old), the University of Nebraska system used over 46,000 acres ...continue. Individuals in local areas impacted by the University’s activities and facilities in their areas would provide unique perspectives. Issues impacted in Lincoln include the Pinnacle Bank Arena and the move of the State Fair to Grand Island, to name only two.

Sources of Authority

Nebraska’s Constitution, Article VII-3, Nebraska Revised Statutes Chapter 85

Board of Regents: Bylaws, Policies, Standing Rules
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TAXING AUTHORITY

EMINENT DOMAIN POWER

By stated intent of the Legislature, the community colleges’ basic priority is to provide quality instruction and public service, particularly to students underserved in other educational settings. See the instructional priorities described, below under “Key Issues”.

Elected Officials: Members – officially non-partisan

6 Community College Areas:

11 Board Members Per Area, 5 Districts

Length of terms: unable to locate this specific information

Board Members…

• aren’t paid, but may receive reimbursement for actual expenses
• can’t be employed by the community college area or be the member of any other board relating to education

 

Some Key Issues:

1. Through an end-run around the constitutional prohibition on state government’s commandeering of local property tax revenues and due to an increasing property tax burdens within the state to maintain growing governmental activities, the legislature constructed a system which means the policy aims and operations of what were supposed to be local community educational institutions, are part of a state-controlled system with tiers of unaccountable non-profit corporations and commissions (see sources of authority).
2. Community Colleges have taxing authority: check your property tax assessment and the corresponding insert to see what portion of your property taxes are allocated to the community college in your area.
3. State taxpayers: Due to changes referenced in number 1, community colleges rely on a complex funding formula which, in addition to tax levies and student payments, also includes state aid.
4. Community College Boards of Governors have eminent domain power. See footnote number 2 for a link to a report which inventoried the amount of land already under the control and ownership of community colleges.
5. Considering the current structure, it’s worth pondering the question: Should the state legislature commandeer the policy-making of community colleges? In addition, should taxpayers fund job training programs and occupational testing for private companies? As the Legislature has established, the instructional priorities are:
   1. Applied technology and occupational education
   2. Transfer education
   3. Adult continuing education for occupations and professions, economic and community development, customized occupational assessment and job training programs, avocational and personal development courses
   4. Applied research

Sources of Authority:

Constitution, original contents and by amendments, Article VII-13, Nebraska Revised Statutes Chapter 85, various sections

Nebraska’s community colleges actually operate under the overall authority of the Nebraska Community College System via the Nebraska Community College Association, which is a non-profit corporation. An official state government website for the System gives a detailed history of how this structure came about. Finally, another entity created by the Legislature, the Coordinating Commission for Post-Secondary Education, has significant authority over community colleges, including allocating funding³Considering the level of complexity in Nebraska’s multiple layers of bureaucracy, there simply isn’t time available at present to ...continue.

A Note about Nebraska’s State Colleges

For those wondering, the state colleges located in Peru, Chadron, and Wayne, are part of the Nebraska State College System and is governed by a Board of Trustees, which are appointed by the Governor and approved by the Legislature. In other words, unlike other governing bodies of Nebraska government-run educational institutions, there are no elective offices.
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MAY HAVE TAXING AUTHORITY

Elected Officials: untitled on the ballot, officially non-partisan

17 Units, with 5 – 12 Districts

Length of term: Information difficult to obtain

See the INDIVIDUAL Educational Service Unit website (they each have their own!) and sample ballot for your Unit for specific information

Members…

• aren’t paid, but may receive reimbursement for actual expenses

 

Some Key Issues:

1. WHAT do Educational Service Units do? See the remaining information to better understand why this is the first key issue of concern. ESUs may possibly be the most opaque governmental entity with potential taxing authority in the state.
2. Lack of uniformity across the state in funding sources. According to the ESU No. 19 website, “ESUs may be supported by property taxes by contracts with local school district, by state core service funds and from outside reimbursements such as grants and service contracts.“
3. Depending upon where you live in Nebraska, an ESU may constitute a significant additional governmental bureaucracy. For example, according to a research policy analyst in state government five years ago, the Lincoln ESU had approximately 100 employees.
4. ESU’s MAY have taxing authority in your area: check your property tax assessment and the corresponding insert to determine whether you are being taxed by this entity in your part of the state. This taxation would be in addition to the funds going to your local school district.

Sources of Authority

There is no direct constitutional authority for Educational Service Units, and the statutory sections cited as “Nebraska’s Educational Service Units Act”, in Chapter 79, 79-1201 – 79-1249 are not very enlightening.

It does appear by reading the statutes that the State Board of Education has considerable discretion regarding ESUs.

According to a Wikipedia article (that was clearly written by some party involved with ESUs):

• “Educational Service Units were created by the Nebraska Legislature in 1965 as cooperative programs to make services more cost effective for school districts.”

• “Educational Service Units (E.S.U.’s) are political subdivisions that serve as intermediate level education service agencies for member school districts.”

There have been considerable changes in recent years to the ESU’s, including elimination of a couple of units by merger and the creation of the Nebraska ESU Coordinating Council in 2008.

Due to time limitations, we were unable to conduct research about the Douglas-Sarpy Learning Community Coordinating Council. Anyone living within the area impacted by this entity is encouraged to help fill in this blank through the comment section or contact form.
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Fix rates, charges, and regulations for common carriers – transport of goods or people. Telecommunications providers are also included. A list of PSC jurisdictional areas:

Elected Officials: Commissioners – listed by political party

5 Districts

6 year terms

Commissioners, while serving their terms…

• are paid an annual salary of $75,000 and reimbursed for mileage expenses

• can’t hold any other elective office (state or federal)

• can’t engage in any other occupation

• can’t hold (own) any interest in any common carrier

 

Some Key Issues:

1. Since the PSC’s authority involves regulating common carriers, its decisions impact property rights associated with eminent domain powers.
2. Nebraska has the HIGHEST federal-state-local cell phone tax rates in the country, at a whopping 24.49%. This is mostly due to state policy: Nebraska’s state and local telecommunications taxes are the 2nd highest in the nation at 18.48% (Washington’s rate is 18.60%)⁴See page 43 of the Tax Foundation’s report Facts & Figures 2014: How Does Your State Compare? and their article, “State and Local ...continue.
3. The Commission has constitutional jurisdiction and powers (see below), making it significantly independent of any branch of government, excepting specific actions by the Legislature⁵The Legislature can specify how the Commission carries out its activities, but can’t delegate its powers elsewhere, unless it passes ...continue.
4. The Commission has newly expanded powers as a result of the TransCanada Keystone XL pipeline controversy, including the routing of oil/gas pipelines, and its powers to review permit applications are still a matter of unresolved litigation under review by the Nebraska Supreme Court as of publication of this article.

History

Originally was the Railway Commission with three elected members. The number of districts were increased to five in 1964 and the name was changed in 1972. Like much of government, this commission’s role has expanded since it was created, with many expansions of jurisdiction since 2002.

Sources of Authority

The Public Service Commission exists due to a series of amendments to the Nebraska Constitution, Article IV, Section 20. Chapter 75 of the Nebraska Revised Statutes governs the duties, jurisdiction, etc.
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EMINENT DOMAIN

ISSUANCE OF BONDS

Nebraska is the only state in the nation with all publicly-controlled electrical services. The Nebraska Power Review Board regulates the state’s public power districts, municipalities, and cooperatives through five members appointed by the Governor and confirmed by the legislature.

Nebraska Public Power District is the largest provider in the state, with a chartered territory including all or part of 86 counties (there are 93 in the state, total). 70% of NPPD revenues come through wholesale provision of electricity to towns and rural public power districts and cooperatives.

Elected Officials: Members – officially non-partisan

46 Districts, At least 5 board members each

6 year terms

Members and officers…

• may receive a salary if approved by two-thirds or more of the members of the board, with some limitations in amount, depending upon gross revenue
• are reimbursed for actual expenses

 

Some Key Issues:

1. While there are a number of philosophical and historical questions worth pondering regarding the prohibition of competition by law and the creation and protection of publicly-controlled monopoly on electrical power, increasingly, there are particular practical concerns – see #2.
2. Without competition and with particular influences directly in or associated with a power district’s leadership, “climate change” related policies are more likely to be implemented. For a couple of examples from one of Nebraska’s public power districts, see the following articles: Heating and Air Conditional? LES May Decide For You, SMART Meters: A Dumb Idea LES is Considering for Lincoln.

Sources of Authority

Nebraska Revised Statutes Chapter 70 and due to contents of the statutes and a Nebraska Supreme Court ruling, the portions of Chapter 46 not specifically pertaining to power districts, but applicable to Irrigation District, may also be applicable.
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TAXING AUTHORITY

BOND ISSUANCE

Nebraska is the only state with such a system – the entire state is divided into resources districts with 12 areas of responsibility, according to statutes:

One example project conducted by a Natural Resources District is the Antelope Valley Flood Control Project in Lincoln⁶Some have jokingly compared the Antelope Valley Project to the “Big Dig” debacle in Massachusetts. , exemplifying the power of NRDs to enter into partnerships and relationships with other governmental entities.

Most NRDs have their own website – click HERE for a list

Elected Officials: Directors

23 Districts, 5 – 21 Directors as determined by the directors

Length of terms: 2 or 4 years as determined by the individual NRD

Directors:

• can be paid a per diem of $70 per day up to $3,600 per year in addition to reimbursement for “actual and necessary expenses”

 

Some Key Issues:

1. Taxing authority: check your property tax assessment for the amounts levied in your district. The levies can vary in their maximums, apparently, depending upon whether particular districts have been designated as specifically requiring ground water management or located in areas around river basins.
2. Can issue bonds for financing construction of facilities, by vote of the Directors, not by the public.
3. Has the power to borrow funds
4. Government-created lobbying / retirement fund concerns: NRDs have a legislature-created lobbying organization, the Nebraska Association of Resources Districts, which also administers health, dental and retirement benefits for people employed by individual NRDs. Based on the limited time available to research both NRDs and this lobbying entity, the following is a conditional statement: it appears that the retirement benefits may include defined benefits plans, meaning guaranteed benefit payments, regardless of losses by the fund, which many economists deem an increasing,looming crisis for most states. Nebraska’s retirement funds have required numerous bailouts in recent years due to shortfalls.

Sources of Authority:

Nebraska Revised Statutes Chapter 2, starting at Article 3; A document prepared by the Lower Platte South NRD gives an overall index of all statutes applying in some way to NRDs (an unusually helpful move by a government entity, so kudos for that)
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TAXING & SPECIAL ASSESSMENT AUTHORITY

ISSUANCE OF BONDS – SUBJECT TO VOTER APPROVAL

Special purpose districts⁷The common definition for reclamation district is for “reclaiming swamp, marshy, or desert lands within its boundaries and rendering them fit ...continue created by the Legislature to control and manage water, sometimes in combination or close association with an Irrigation District (another type of special purpose district), a Public Power District, or both.

Elected Officials: Directors – officially non-partisan

6 year terms

Directors…

• are paid a $70 per diem for board meetings “or is engaged in matters concerning the district”, up to $2,800 per year in addition to reimbursement for travel expenses

 

Key Issues:

Beyond stating a general awareness that water availability has been of increasing concern in western Nebraska and that we’ve heard some periodic feedback from a few people who live in that part of the state regarding water issues, anything approaching an adequate analysis would require more time and familiarity than our resources allow. Folks who are more informed and experienced in this area are encouraged to provide information through the comments.

Sources of Authority:

Nebraska Revised Statutes Chapter 46; specifically 46-501 – 46-573

For more information, visit the website of one of the Reclamation Districts on this year’s ballot: Loup Basin Reclamation District
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