FARGO (KFGO) – An investigation into the North Dakota Development Fund by the state Ethics Commission is drawing some criticism from top elected leaders.
The investigation was launched after an audit of the Development Fund last month returne
d concerns from lawmakers about conflicts of interest and missing transaction records that accounted for millions of dollars.
North Dakota Attorney General Drew Wrigley declined to investigate the fund despite a request from the legislature’s audit review committee. Wrigley says his decision not to investigate came down to two things, a conflict of interest and a lack of criminal finding.
That prompted the Ethics Commission to launch an investigation.
“Our job simply is to simply shine a light on the issues, the goal of the ethics commission is to increase the confidence of North Dakota citizens in their government, and by shining a light on the things, that is all we’re trying to do, nothing more nothing less.” Ethics Commissioner Mark Western said.
Wrigley questioned the Ethics Commission’s decision to investigate, saying that while he respected the authority of the Ethics Commission, he didn’t think there was anything to look into.
“We couldn’t do it (investigate) for legal, kind of a legalese thing because we had that conflict, but I feel comfortable saying saying that that the other law enforcement entities that are perfectly within their rights to do these investigations, looking at the evidence that’s out there, would draw the same conclusions at this point that there’s no objective information of criminal wrongdoing.” Wrigley said.
Attorney General Drew Wrigley (R-ND)
Wrigley expressed frustrations with the Ethics Commission’s handling of legal matters.
“That is a law in North Dakota, we are the legal advisor for the Ethics Commission, but for whatever reason, they don’t consult us on legal matters and they routinely go outside of the law for what is their purview, what is their jurisdiction, that is a problem.” Wrigley said.
North Dakota Governor Kelly Armstrong also says there was nothing in the audit to investigate.
“You don’t start investigations based on political arguments,” Armstrong said, “I’ve read the audit, it’s not great, but it’s not criminal.”
Wrigley agreed when asked if there was a ‘chasm’ between his office and the Ethics Commission. He pointed to a situation during the Ray Holmberg investigation, in which the Attorney General alleged that someone on the Ethics Commission illegally demanded all materials be handed over to the commission. Wrigley claims he said the materials couldn’t be turned over until authorized by the U.S. Attorney, but the commission insisted.
Western says North Dakota voters gave the Ethics Commission the power to investigate, and that the commission has been around long enough to operate on its own. He says not everyone is against the commission investigating.
“I have heard some private words of support from members of the legislature who, I’ll paraphrase, are more or less saying ‘We’re glad you’re getting in the game, this is what you are here to do.’” Western said.
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