State Capitol in Bismarck (Tasha Carvell, KFGO News)
By: Jacob Orledge
BISMARCK, N.D. (North Dakota Monitor) – The selection process for three seats on the North Dakota Ethics Commission reached a stalemate Thursday after the governor adamantly refused to reappoint incumbent Murray Sagsveen.
Gov. Kelly Armstrong argued the Ethics Commission needs a “general reset,” citing a strained relationship with executive branch agencies. Armstrong also strongly disagreed with a response Sagsveen gave during the selection process in which he said the North Dakota Legislature has passed laws to limit the commission’s authority, in violation of the state constitution.
“I just won’t vote for him,” Armstrong said.
However, Senate Majority Leader David Hogue and Senate Minority Leader Kathy Hogan, the other two members of the selection committee, strongly support reappointing Sagsveen. The appointment requires a consensus of the three members, not a majority vote.
Hogan, D-Fargo, cited the need to maintain continuity on the commission because it has only begun finding its feet seven years after it was created. Hogue, R-Minot, said he was impressed by Sagsveen’s written responses to a questionnaire issued by the committee.
“I think he’s the top pick,” Hogue said of Sagsveen, even though the two men don’t agree on everything. “He’s too strong in so many other areas to overlook him.”
Sagsveen, a Bismarck attorney with extensive government experience, was appointed to the Ethics Commission last September to fill the remainder of a term for Paul Richard, who retired. Sagsveen is seeking a four-year term.
The terms of commissioner Ward Koeser and Sagsveen expired Aug. 31 but they are continuing to serve until vacancies are filled. The third vacancy was caused by the death of Dave Anderson, the board chair, in May. The appointment to fill that seat will expire Aug. 31, 2026.
The finalists supported by all three members of the selection committee are Pam Sharp, former director of the North Dakota Office of Management and Budget, Jared Huibregtse, a project manager for a Mandan engineering firm, and Mark Western, a Fargo attorney.
The committee adjourned without making a decision, with Hogan and Hogue continuing to advocate for Sagsveen.
“We’ve actually seen him working in this position,” Hogan said, emphasizing the need to maintain continuity on the Ethics Commission now that the board and legislative leadership have begun establishing a positive working relationship. “I feel like we have been moving in a good direction together.”
Armstrong referenced the strained relationship between the Ethics Commission and the Attorney General’s Office as he suggested the need for a “level reset” to improve communication with legislative and executive branches.
“Drew is an incredibly intense advocate who is very passionate about the things he’s passionate about,” said Armstrong, referring to Attorney General Drew Wrigley.
Sagsveen in his written response to questions called the relationship with the attorney general “problematic” because he “consistently disparages the professionalism and competence of the Commission’s Executive Director.”
Sagsveen also cited the state constitution, which says laws may not hamper or restrict the Ethics Commission, which was created by the voters. “However, laws have been enacted to limit the authority of the Commission,” he wrote.
Armstrong pushed back on that answer during Thursday’s meeting.
“I don’t think the Legislature has acted unconstitutionally,” Armstrong said. “I think the answer, I mean, really quite frankly bothers me.”
Armstrong and Hogue said they oppose a recent advisory opinion issued by the commission because it has a significant impact on the secretary of state’s administration of campaign finance law and encroaches on the Legislature’s authority to enact laws.
Hogue, however, said he was pleased by Sagsveen’s “constructive response” after Armstrong voiced his concerns about the opinion during a public hearing.
“What impressed me was he was pretty open and shared a willingness to say, ‘All right, we should have collaborations because we had no idea those concerns were out there in the executive branch,’” Hogue said.
Sagsveen, reached after the selection committee’s meeting, declined to comment.
“I don’t want to say anything to interfere with the selection process,” Sagsveen said.
The committee will reconvene at 2 p.m. Friday to resume its discussion.
The Legislature earlier this year rejected the Ethics Commission’s request for an additional staff member and a bill the commission said would have helped speed up investigations. The offices of the governor and attorney general also argued this year that the commission does not have the authority to create or impose penalties for ethics-related violations.
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