593: Ethics process is 'ready for exploitation and weaponization' without good reforms

"The way the current process is set up, it is ready for exploitation and weaponization," Rebecca Binstock said on this episode of Plain Talk.

Binstock is the executive director of the North Dakota Ethics Commission, and she admits that there are problems with the status quo. For instance, public servants who have a complaint filed against them are prohibited, under threat of criminal penalty, from talking about it, even though the person who filed the complaint is free to say whatever they want. She also says that complaints take too long to process because they require the commission to host what can be a lengthy and often fruitless mediation between the complainant and the respondent.

But rather than fix these issues, Binstock says lawmakers seem more interested in making the commission's job harder. Recently, a House committee that is considering the commission's budget cut funding for a new staffer-- currently the staff consists of just Binstock and two others--and imposed a 180 day time limit for a complaint.

While Binstock said a deadline might make sense in some circumstances, in this context, it may make their jobs next to impossible.

In response to the committee's actions, the Ethics Commission put out a statement saying the changes are "a roadblock intended to hamper the commission’s work.” That language--specifically the use of the word "hamper"--is interesting because the ethics amendment to the state constitution states, "Laws may be enacted to facilitate, safeguard, or expand, but not to hamper, restrict, or impair" the ethics commission.

Does the commission consider the committee's actions a potential constitutional violation?

"It certainly has been a discussion," Binstock said, when asked.

"I think the commission statement kind of speaks for itself," she added.

Also on this episode, Sen. Jeff Barta, a Republican from Grand Forks, responds to the defeat of a so-called "parental rights" bill, the passage of a new legislation governing genders in bathrooms,  and his work to create a collaborative process between the U.S. military and state/local interests when it comes to the impact of development and industrialization about military installations in our state.

This episode is brought to you by the North Dakota Petroleum Foundation, providing education and outreach opportunities related to the petroleum industry, advancing quality of life initiatives, and promoting and enhancing the conservation heritage of North Dakota. Learn more at www.NDPetroleumFoundation.org.

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