Alber resigns from Blue Hill city council

Tony Herrman therrman@hastingstribune.com Blue Hill - Blue Hill city councilman Jesse Alber resigned from his council seat April 6 after his request was denied for pardoning of convictions that are about 20 years old. Alber 41, appeared before the Nebraska board of pardons April 2 to request a full pardon of felony and misdemeanor convictions. The board's agenda stated that it would hear applicant Jesse Alber's request for a full pardon of felony and misdemeanor convictions where in he was convicted in Adams County and sentenced Dec. 28, 1988 to a term of one year probation for the offense of disturbing the peace and to a $50 fine for resisting arrest. He was sentenced Nov. 3, 1989, to a term of one year probation for third-degree assault' sentenced Jan 25, 1991, to a term of 24 months probation for third-degree assault on an officer; and sentenced Sept. 14, 1992, to a $250 fine for disturbing the peace. He stated in a letter he e-mailed to the Tribune Wednesday that the Board of Pardons - Gov. Dave Heineman, Secretary of State John Gale and Attorney General Jon Bruning - rejected his appeal. Alber also wrote that the decision was based primarily on written statements in opposition from Webster County Attorney Jerry McDole and Blue Hill City Attorney Michelle Oldham. In an interview Wednesday evening, Alber said the denial came as a surprise. "yes, because I expected to be pardoned." he said. In an e-mail Alber wrote to the tribune Thursday afternoon, he said he was surprised his pardon was denied because of his involvement in the community. "Over the past 10 years I really feel like I have given a lot to my community and my country. I served from May 2000 to May 2004 in the U.S. Army with deployments to Bosnia and Iraq. I served another 2 1/2 years in the Army reserves. I have championed literacy and adult education in Hastings for the past six years. In that time I have also been an advocate for the United Way, served local youth as a Kiwanian, dedicated time to youth baseball programs, worked with 4-H programs, fund raised for new playground equipment, helped start a Pheasants Forever chapter in Webster County, served on my political party's state central committee, been a part of the Hastings Library's Dia Festival, graduated from Leadership Hastings, developed and coached a youth football program in Blue Hill, served on the City Council and more. I thought I had done all the right things. Emotionally, it was very difficult to have my application denied and all the positives of the past 10 years so easily dismissed." From 1997-2004 Alber resided outside Nebraska, including enlistment in the U.S. Army from 2000 to 2004. During that time, he had deployments to Bosnia and Iraq. He said that in 2004, when he registered to vote, the voters oath, in small print at the bottom of the voters registration card, read: "To the best of my knowledge and belief (emphasis added), I declare under penalty of election falsification: I lived in the State of Nebraska at the address proved above. I have not been convicted of a felony or if convicted, my civil rights have been restored, and I have not been officially found to be non compos mentis (mentally incompetent). Any registrant who signs this form knowingly that any of the information on the form is false shall be guilty of a class IV felony under section 32-1502 of the Nebraska State Statutes, the penalty for such is up to five years imprisonment, a fine of up to $10,000 or both." In his letter Alber said he was aware he had been convicted of a felony, but that based upon a 1992 conversation with then Adams County attorney Steve Scherr, he was under the impression that his civil rights had been restored. He learned that was not the case when he applied for a professional certification for a provisional teaching certificate and was denied because of the felony conviction. For the Last five years, Alber has worked with the Hastings Literacy Program as it's director. Alber is also the Adult Education Coordinator for Central Community College-Hastings. He said he wasn't sure what effect the pardon board's decison would have on his job with the literacy program. Hillary Watters, president of the HLP board of directors, said Alber is a great asset to the program and his pardon denial should have no bearing on his job. "I think it will have absolutely no bearing" she said Thursday afternoon. "Jesse is such an effective director I think that the community of Hastings and the surrounding communities are extremely lucky to have a director with as much dedication as he has and I look forward to Jesse having many more years of continued service with HLP." Alber was first elected to the council in 2006 and had been running for reelection. When asked about what he thought of his time in office, Alber had no comment. When asked why he had no comment, Alber said his time on the council was frustrating. Alber did not attend the council meeting Tuesday, where the council voted 4-0 to approve his resignation. Blue Hill Mayor Keri Schunk wrote in an e-mail early this morning that filling Alber's vacant seat will be handled like the previous two vacancies. Alber's brother Andy was recalled Aug. 18, 2009. Schunk appointed Albert Gray to fill that seat. Doris Hartman also was appointed to the council to fill a seat when Schunk was appointed mayor when former Mayor Russ Willems resigned Dec. 9, because of health problems. Willems died last year. Schunk wrote that the council will not the vacancy in the minutes and post the open seat information in three separate locations in order to proceed with the appointment at the May meeting.