Ethics Commission to Seek Legislation to Bolster Transparency, Investigative Authority

(North Dakota Monitor) -The North Dakota Ethics Commission is planning to propose legislation during next year’s session that would overhaul how it investigates potential ethics violations.

Staff say the changes would bring the panel more in line with the original vision for the Ethics Commission approved by voters.

“Although it adds more steps, I think the process will move smoother,” Executive Director Rebecca Binstock said during a Wednesday meeting.

One major amendment, if adopted, would allow members of the public to share information with the commission without having to submit a formal complaint. People who share that information would also be able to remain anonymous.

Currently, the commission staff cannot investigate something if no one has formally complained about it — which significantly limits the board’s enforcement ability, Binstock said.

“We constantly hear people who share information with us and then in the same breath, say, ‘No, no, no, I don’t want to file a complaint,’” she said.

The changes also would address confidentiality requirements, allowing a person accused of a violation to make public statements.

Commission members and staff would still be bound to confidentiality during the enforcement process, however.

The proposed changes would also give the commission more control over when and how the commission conducts investigations. The commission would also for the first time have the freedom to dismiss or informally resolve allegations before an official investigation is launched, for example.

Another significant change has to do with subpoenas. Under state law, the commission can require someone to testify or provide them information. But there isn’t a clear procedure explaining how the commission can enforce compliance.

The commission is planning to ask for an amendment that would allow it to apply for a subpoena from a district court judge.

The panel also hopes to propose a bill that creates a process for enforcing compliance with financial disclosure requirements for elected officials.

The commission and secretary of state plan to work together on the bill, Binstock said during the meeting. Specific language has not yet been drafted.

Another legislative proposal would clarify in statute that the two-year prohibition on lobbying after a public official leaves their office only applies to those who were elected, not those who were appointed.

The commission will seek an amendment clarifying its process for issuing advisory opinions, as well. It will discuss the proposal during its October meeting.

The panel is working with lawmakers on the proposals, Binstock said.

The Ethics Commission was created by a constitutional amendment approved by voters in 2018. The amendment gives the board authority to adopt and enforce rules related to elections, lobbying, corruption and transparency.