Regent candidate
plans suit against
Schwartzkopf
by Michael (O.J.) Nelson
A suit will be filed in Lancaster District Court
against Board of Regents President Ed Schwartzkopf,
according to J. James Plant, one of Schwartzkopf's
opponents in the May 9 primary election.
Plant said Wednesday the suit, charging
Schwartzkopf with conflict of interest, will be filed
after the primary.
Plant contends Schwartzkopf is in violation of
Article 3, Section 16 of the Nebraska Constitution.
That statute, he said, "lays guidelines for determining
whether or not an individual is employed by the
state."
The Nebraska Constitution stats that no state
officer shall directly or indirectly enter into any
contract with the state or any county or municipality
of the state.
He said Schwartzkopf is ineligible for the Board of
Regents post because he has in "indirect contractual
agreement with the state."
He said part of Schwartzkopf's salary as a Lincoln
Pulbic School's employe comes from state funds.
"Lancaster County schools receive $35,664,000 in
state funds," Plant said, "so some of Schwartzkopf's
salary is, in effect, paid by the state."
He said the suit will ask for Schwartzkopf's
disqualification as a regent. If he will not disqualify
himself. Plant said, 'lie should resign his (Lincoln
Public School) job.
"If he is not disqualified and does not quit his
job," he said, "we will ask the court to enjoin the
state from funding schools in Lancaster County."
He charged that state officials "have been
selectively enforcing the conflict of interest clause.v
"We want to point out the weakness of the current
legislation," Plant said. "As written, the law applies
to many individuals, including Schwartzkopf."
He said the suit was not politically motivated, but
Schwartzkopf disagreed.
In a telephone interview Schwartzkopf said: "Of
course it's politically motivated. What else could it
be? It's not to improve the learning situation in the
State of Nebraska."
He said he was "rather amused" and that the suit
had "taken him completely by surprise." He added he
was not prepared to make a statement.
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PAGE 2
THE DAILY NEBRASKAN
THURSDAY, MAY 4, 1972