Nebraska Governor Jim Pillen has not recorded any calls on his cellphone during his tenure, according to the governor’s legal team. This revelation comes in response to a public records request filed by Flatwater Free Press, which sought access to call logs from Pillen’s phone dating back to September 2023.
Michael J. Donley, the governor’s general counsel, stated in an email that “Governor Pillen does not have a state-issued mobile phone,” explaining why there are no records available. This response was provided over four months after the initial request was made by the Flatwater Free Press.
This move is part of a broader pattern by Pillen aimed at keeping his communications private. Earlier, in March 2023, he deviated from more than three decades of tradition by not releasing a public schedule shortly after assuming office. Pillen also invoked a controversial use of “executive privilege” to withhold certain emails in August 2023, despite Nebraska’s public records laws making no such provision.
Governor Pillen, a Republican in his first term, has publicly stated, “I don’t email, I don’t text,” in response to criticism from Democratic lawmakers about his refusal to disclose emails. He further clarified, “Texting when it’s for anything other than logistics, I don’t do.”
Pillen’s choice to operate without a state-issued cellphone is unprecedented in the last two decades, raising concerns among transparency advocates. Gavin Geis, director of Common Cause Nebraska, criticized the decision as an attempt to bypass state law, stating, “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.”
The Flatwater Free Press initiated this investigation after reports surfaced about a $2.5 million no-bid contract awarded to a lobbyist, who had accompanied Pillen on state trips to South Korea and Japan. They also requested emails between Pillen’s chief of staff and former state economic development officials, which similarly yielded no records.
Nebraska law mandates that all state records, regardless of form, are public. However, it remains ambiguous whether records from personal devices fall under this requirement. Historically, legal opinions from previous attorneys general have affirmed that such records should be disclosed.
Laura Strimple, a spokeswoman for Governor Pillen, maintained that the administration is transparent, complies with the law, and has responded to numerous public records requests. She remarked, “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.”
Further attempts to clarify whether the governor uses his phone for state business and how such communications would be classified were left unanswered by Strimple.
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.
Historically, public records law has allowed journalists to uncover communications of state officials. Past investigations have revealed significant findings, such as in 2013 when the Omaha World-Herald disclosed thousands of calls to women by then-lieutenant governor Rick Sheehy, leading to his resignation.
Precedents set by past attorneys general, such as Don Stenberg in 1997, have supported the view that public records do not need to be physically held by an agency to be subject to disclosure. In 2012 and 2015, subsequent legal opinions reiterated that communications on private devices, if related to public business, should be disclosed.
The Nebraska Association of County Officials also advises its members that text messages concerning public matters are considered public records. However, the current stance of Attorney General Mike Hilgers on this issue remains unclear, as his office declined to comment.
