LINCOLN — Instead of possibly becoming the first sitting senator expelled from the Nebraska Legislature, State Sen. Dan McKeon resigned minutes before floor debate was set to begin. 

McKeon faced expulsion following allegations he inappropriately touched a legislative staffer — allegations he denies. The Legislature’s Executive Board, which oversees the legislative branch’s internal discipline, introduced Legislative Resolution 282 for his expulsion. 

That resolution was up for floor debate Tuesday. Just before the debate began at around 10 a.m., McKeon took the microphone and resigned his seat representing Legislative District 41. 

“This last year has humbled me,” McKeon said tearfully. 

State Sen. Kathleen Kauth of the Millard area, who vocally supported McKeon’s expulsion, said she believed there were enough votes to expel McKeon — it required 33 — after checking with lawmakers Tuesday morning. 

The staffer reported that McKeon made a joke about going to Hawaii to “get laid” and smacked her rear end after delivering the joke, according to an investigative report from outside counsel Tara Paulson. 

A separate police report after the incident led to McKeon being cited for misdemeanor public indecency by the Nebraska State Patrol in October. Prosecutors have since charged him with misdemeanor disturbing the peace. McKeon pleaded not guilty after originally signaling his intent to plead no contest. His next court date is Jan. 26.

The Examiner is aware of the alleged victim’s name but is not publishing it because it is the policy of States Newsroom and the Examiner not to identify people who say they have been abused unless they wish to talk publicly.

McKeon’s varied responses to the allegation, as well as additional allegations against the senator that have surfaced since then, contributed to the Exec Board’s resolution, said State Sen. Ben Hansen of Blair, the board’s chair. 

Paulson’s report concluded that McKeon’s actions did not constitute actionable sexual harassment under state or federal law. However, she said the actions may violate the Legislature’s own workplace harassment policy. That policy includes “sexually oriented jokes” in its definition of sexual harassment.

“Actionable is not tantamount to acceptable,” Paulson said.

Paulson added that she believes McKeon’s actions “should not be tolerated” by the Legislature, as it could foster a hostile work environment, which in legal circles could put taxpayers at risk of a state claim. Neary has said her client is considering filing a civil lawsuit, but hasn’t specified what parties would be targeted.

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