[August 27, 2008]

Nebraska governor unlikely to take position on proposed amendment to ban affirmative action

(Omaha World-Herald (NE) (KRT) Via Acquire Media NewsEdge) Aug. 27--LINCOLN -- Gov. Dave Heineman said Wednesday it is "highly unlikely" that he will take a public stand on a proposed constitutional amendment to ban affirmative action programs in Nebraska.

"I don't feel, as governor, that I have to take sides on every single issue," Heineman said at a press conference. "I think the great citizens of this state will make a decision, and I'm comfortable they'll make the right decision."

His comments came three weeks after he honored the winners of the annual Governor's Diversity and Affirmative Action Awards, which recognize state employees who make outstanding contributions to equal employment opportunity and affirmative action efforts.

This year's group award went to the Nebraska National Guard for a program identifying barriers to recruitment and advancement of underrepresented groups. The individual award went to Mary Schmidt-Rodriguez, a Military Department employee who started a newsletter providing equal opportunity information.

In response to questions about the awards, Heineman said no one wants to see "any kind of job discrimination" in the state. He also said the University of Nebraska is trying to expand enrollment and will accept every qualified applicant, regardless of race.

The proposed amendment seeks to bar public agencies, including local governments and the University of Nebraska, from considering race or gender when awarding scholarships, hiring employees or issuing contracts.

Heineman, a Republican, previously has deflected questions about his stand on the proposal by saying he had not had time to review it. He said Wednesday he doesn't intend to be involved in the debate in the weeks leading up to the election.

David Kramer, a leader with the opposition group Nebraskans United and former chairman of the Nebraska Republican Party, held out hope that Heineman could be persuaded to join the opposition.

"I look forward to the opportunity to convince him and the rest of the voters of Nebraska why this (proposal) is a bad thing for the state," Kramer said.

Secretary of State John Gale said last week that proponents of the ban had collected enough petition signatures to get the measure on the ballot.

Barring a successful legal challenge, that means the measure will be presented to voters Nov. 4. Gale must certify the statewide ballot, including ballot issues, by Sept. 12.

Doug Tietz, executive director of the Nebraska Civil Rights Initiative, the group promoting the ban, expressed confidence that the majority of Nebraskans supports the measure, whether the governor takes a position on it or not.

"The governor has one vote like every other Nebraskan," Tietz said. "Everybody's allowed to participate or not participate" in the debate about the issue.

Neither Tietz nor Kramer said they thought Heineman's participation in the affirmative action awards indicated his position on the ballot proposal. It is unclear whether the awards program might be affected if the proposal passes.

--Contact the writer: 402-473-9583, martha.stoddard@owh.com

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