Welcome (back) to the Prairie Principles Newsletter!  Like many of you, the Ethics Commission is preparing for the upcoming 69^th Legislative Assembly to convene in January.  The legislative session is an opportunity for public officials to engage with their constituents, community members, and stakeholders.  It is an opportunity for legislators to listen to North Dakotans’ concerns, to find innovative solutions to our state’s challenges, and to make a positive, lasting impact on future generations of North Dakotans. 

While the Commission has been busy preparing its legislative agenda, Commission staff has also been focusing on how best to educate North Dakotans on ethics rules as we approach this impactful season.  Over the next few months, our goal is to create opportunities for individuals involved in the legislative process to equip themselves with tools to address ethics concerns by developing ethical awareness, understanding the ethics rules, and having easy access to helpful resources.  Throughout November and December, the Commission is hosting several legislative learning sessions for key stakeholder groups:  North Dakota citizens, lobbyists, legislators and legislative employees, as well as elected officials and cabinet members.  Each of these learning sessions is geared toward a specific stakeholder group.  We will answer questions and share information individuals need to do their best work during the upcoming legislative session.  More information about these sessions is below and on the Commission’s website.

The Commission also recently completed a substantial rework of the Frequently Asked Questions (“FAQs”) page on its website with substantially more information, reorganization, and cross-references to rules, statutes, and constitutional language for quick reference during legislative session.  We hope this tool, along with the presentations, videos, flowcharts, and other educational materials available on the Commission’s website, helps folks navigate ethical situations when they arise. 

The author and poet Maya Angelou said it best: "When we know better, we do better."  These upcoming learning sessions and online resources are a practical and authentic way for individuals to know more on ethics rules, Article XIV of the North Dakota Constitution, and chapter 54-66 of the North Dakota Century Code and to ultimately do better when we are faced with an ethical dilemma. 

With sincere thanks,

Rebecca Binstock
Executive Director, North Dakota Ethics Commission

The North Dakota Ethics Commission is pleased to announce the appointment of MG Murray Sagsveen (NDARNG Ret.) as its newest commissioner.

Mr. Sagsveen’s dedication to the citizens of North Dakota is exemplified by his many years of public and nonprofit service in a multitude of roles. He brings invaluable leadership, legal, and government experience to the Commission. The Commission is excited to have him serve as their newest member. Commissioners are appointed by consensus agreement of the governor, the majority leader of the senate, and the minority leader of the senate. The Commission wishes to thank Governor Burgum, Majority Leader Hogue, and Minority Leader Hogan for appointing Mr. Sagsveen.

Learn more about Mr. Sagsveen here.

How does the Ethics Commission make ethics rules?

Article XIV, § 3(2) of the North Dakota Constitution directs the Ethics Commission (“Commission”) to “adopt ethics rules related to transparency, corruption, elections, and lobbying to which any lobbyist, public official, or candidate for public office shall be subject.” To create these rules, the Commission works through virtually the same process as executive branch agencies do when creating administrative rules. The process is set forth in N.D.C.C ch. 28-32, the Administrative Agencies Practice Act.

As an independent constitutional entity, some of the steps executive branch agencies follow during the rulemaking process are not applicable to the Commission. However, the Commission’s process still requires: (1) public notice of the proposed rule(s); (2) a public comment period; (3) a public hearing; and (4) approval by the Commission following the comment period. Any interested individual is encouraged to provide a comment to the Commission either at the hearing or in written form. The Commission has created a public input tab on its website to streamline the process for submitting a written comment. The Commission also considers any feedback received before it begins the formal rulemaking process.

Logan Carpenter
General Counsel, North Dakota Ethics Commission

Do you have a topic for the next Learning with Logan? Let us know!

This section is not legal advice. If you have a question regarding specific facts, please consider requesting an advisory opinion.