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Questioning the ethics of the Ethics Commission

The ethics of the constitutional North Dakota Ethics Commission are being subjected to questioning by North Dakotans for Public Integrity, creators of the Commission, because the rules proposed by the Commission would permit a continuous conflict of interest involving campaign contributions and state officials.

Comments on the proposed rules closed on December 10 and it is highly unlikely that the drafters will make any changes because the political forces – legislators, elected officials and lobbyists — that proposed the rule will still be fighting to protect the language.

Appearance of bias

But the constitution’s language in Article XIV is clear:

“Directors, officers, commissioners, heads, or other executives of agencies shall avoid the appearance of bias, and shall disqualify themselves in any quasi-judicial proceeding in which monetary or in-kind support related to the person’s election to any office, or a financial interest not share by the general public as defined by the ethics commission, creates an appearance of bias to a reasonable person.”

Basically, the constitution now wants to know where all of the campaign money is coming from – especially money used to influence the quasi-judicial functions of the North Dakota Industrial Commission. In fact, it requires that candidates refuse contributions from industries that the Commission regulates.

Buying offices

The less diplomatic presentation of the issue: “Who, if anyone, is buying political offices in North Dakota?”

As a proud alumnus of state government, I cringe at the number of claims made about crooked politicians being bought by corrupt lobbyists and their sponsors. This distrust, though largely untrue, must be addressed. The day has come when the people of North Dakota need to know whether or not their suspicions are justified.

Ethics Commission Executive Director Dave Thiele admitted that the Commission had talked about campaign contributions creating an “appearance problem” but claimed that it was unrealistic to expect candidates for office to turn down contributions when they are trying to win elections.

Rejecting contributions

Pragmatically, he also noted that if candidates were required to reject campaign contributions from interests they regulate that they would find indirect ways of getting the money to candidates through front organizations. Realistic but not a good reason to roll over without an effort.

North Dakotans for Public Integrity has requested tighter definitions for a series of terms being construed so liberally by the proposed rules that they undermine application of the constitutional requirements.

The dispute over the conflict of interest appeared in the 2016 Republican primary election campaign when Governor Doug Burgum was challenging Stenehjem for the governorship. Wealthy enough to finance his own campaigns, the governor believed that it was a conflict of interest for Stenehjem to accept donations from industries regulated by the Industrial Commission.

Changing seats

We haven’t heard the governor’s latest comment on the issue but we must pay homage to decades of political observation: a man stands where he sits. (Electors: take note if you have been mystified by the attitudinal changes in candidates and/or officeholders.) The governor is now sitting on the Industrial Commission.

The suspicion is widespread in North Dakota that state officials have been bought by the energy interests. There is plenty of smoke to suspect a fire – $60 million to clean up fracking, permanent reductions in taxes, funding research for companies and going easy on spill penalties.

The only way to reassure North Dakotans that industry money and lobbyists are not buying public officials is the imposition of a much higher level of transparency for regulators and lobbyists. If not outright rejection of contributions, then at least airtight disclosure of campaign contributions reported electronically every day.

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