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Lee files complaint with AG

County board confident security change did not violate Home Rule

By DAVE CALDWELL, Staff Writer dcaldwell@minotdailynews.com
POSTED: December 16, 2009

The Ward County Board of Commissioners isn't panicking in the face of allegations it has violated its own Home Rule charter in some of its recent actions.

That was the message sent Tuesday during the board's regularly scheduled meeting at the Ward County Courthouse in downtown Minot.

Former commissioner Jim Lee has filed a complaint with the office of North Dakota Attorney General Wayne Stenehjem alleging the commission violated state open meetings law by failing to give public notice or keep minutes in committee meetings regarding courthouse security screening procedures. Lee, who was on the board and helped author the charter when it was written, also appeared at Tuesday's meeting to ask the board to rescind its action and to hold public hearings on the issue in order to remain more true to the letter of the charter.

"I guess you probably realize by now that the Home Rule charter is like my fourth child," Lee said. He told the board that changing the security procedures without formal public input amounted to an improper enactment by the board.

"I'm not here this morning to debate the policy, just the procedure," Lee said.

Commission chair Bruce I. Christianson told Lee that state law handles security issues in "a separate category and manner."

Christianson also pointed out that Lee was on the commission when the security procedures the committee recently changed were originally put in place.

"Were there public hearings then?" Christianson asked. "But then, even though (the fact that) it was in violation then doesn't make it right today, I'm going to consult with our legal counsel. But was what you're suggesting followed then?"

Lee said he wasn't sure of an exact timeline or dates, "but we had tremendous public input."

"But did you have the hearings, the first and second readings?" Christianson asked.

"To the best of my knowledge," Lee said.

"No, you didn't," Christianson retorted. "The record shows that you didn't. You're saying (your opinion is) you need to have first and second reading, but yet when you were on the commission, you didn't follow that. I'm a little puzzled here."

"That is not my opinion, that's the facts," Lee said.

"That's your interpretation," Christianson said.

Christianson reiterated to Lee that he would consult with counsel to make sure the proper procedures were followed, while Lee maintained that he wasn't in a position to force his position on the issue in 2006.

Commissioner John Fjeldahl asked Christianson when he would consult with legal counsel, who in this case is Ward County State's Attorney Roza Larson, who was in attendance at the meeting.

Larson told the board she knew the issue would come up, and was prepared to give an opinion, albeit not in writing. She told the board that she understood where Lee was coming from, calling the Home Rule charter "his baby." Larson said she believes the changing of the security procedure amounts to an administrative duty that the board is allowed to undertake in this instance, without the requirement of public input.

"It's the running of the courthouse," she said. "It's not restricting people from coming and going, it's not disabling them from doing anything. Furthermore, under North Dakota Century Code, you (the board) are given that authority over all Ward County property."

Stenehjem has not yet issued an opinion on Lee's complaint.

In other business:

- The board approved polling locations for the 2010 election. There were no changes in any of the county locations.

- The county social service board approved a plan allowing for the June 30 retirement of Dan Richter, county social services director.

- The board voted to advertise for the newly created position of county information technology administrator.

 
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Member Comments
View Comments: | 1-3 | Post a comment
tarkin
12-16-09 6:33 PM
So, Christianson agrees there was wrong doing on his part but because Lee did it its OK now, I surely dont feel that makes it right and cannot imagine anyone thinking so.

Then Christianson asks Lee a question only to know the answer supposedly better than Lee, why ask if you already know the answer?? Are you a mind reader because if you are, I'm thinking you dont actually care what the general public wants then! Lee stated there was tremedous public input while Christianson has no PUBLIC INPUT OR 1st n 2nd readings you all know how much more important 1st n 2nd readings were compared to PUBLIC INPUT.

Lastly albeit in writing its not restricting people from coming or going from the court house ok but, it is putting them in DANGER! The security isnt to hinder peoples entrance an exit of the courthouse its to provide security RIGHT??

minotrocks
12-16-09 4:36 PM
WHATEVER!!! Jim Lee needs to "let it go". He is a sore loser. Questioning the action is fine, but to take it the the AG. Come on.

Righton
12-16-09 12:36 PM
Go Jim Lee Go!!! Christianson needs to understand that he is not a dictator. I move for a recall of Christianson.

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