State Ex Rel. Shepherd v. Nebraska Equal Opportunity Commission

This consolidated appeal from the district court for Lancaster County arises out of the district court’s issuance of peremptory writs of mandamus that ordered the Nebraska Equal Opportunity Commission (NEOC) to return Ronald Shepherd and Randall Chapp (appellees) to their previously held positions of employment with the NEOC. In this appeal, we are asked to determine the constitutionality of Neb. Rev. Stat. §§ 81-2706 and 81-2707(1) (Reissue 1994) of the State Government Effectiveness Act.

*519We conclude that § 81-2707(1) is unconstitutional because it permits an officer of the legislative branch…