Feb 01, 2008 - 04:05:53 CST
A former agency head of the state's workers' compensation agency was told he would not receive a severance package because it was against the law, despite his successor receiving a package in excess of $150,000.Brent Edison, the former executive director of Workforce Safety and Insurance, sought the advice of the attorney general's office after learning that his successor, Sandy Blunt, received a sizable severance package from the agency's board of directors.
According to Blunt's severance contract, obtained by the Tribune, Blunt was paid his salary through Aug. 31, 2008, totaling $125,039.70, plus $19,740.23 paid vacation; in addition, he was given an amount totaling $5,454.54 to cover monthly premiums for COBRA, temporary health insurance, beyond Jan. 31, when his state medical coverage was set to expire.
The package totals $150,234.47.
Edison was terminated from the position in 2003; he said, at the time of his termination, WSI legal counsel Jodi Bjornson told him legal counsel Rob Forward had researched the issue of severance packages and determined that it would be illegal for WSIto pay.
"Iknew that WSI had, in the past, paid severance packages,"Edison said. "The implication of that discussion was that shouldn't have been done, either. Their position was that it would be illegal."
Edison said he made an open records request for Forward's analysis, but it was declined because the analysis was considered attorney work product, which is protected.
E-mails obtained by the Tribune indicate that the work product was sent to Blunt, although it seems the sending was accidental.
"Isent you a copy of that attorney work product memo with this document,"legal counsel Tim Wahlin wrote in an e-mail to Blunt. "Ishould not have sent that to you since it is still at issue in Brent's claim."
He then asked Blunt to destroy it.
When he learned of Blunt's package, Edison asked for explanations from both the attorney general's office and the governor's office, but was referred to WSI. WSIwould not comment, again because the analysis is considered work product.
When asked about Forward's analysis, WSI communications executive Mark Armstrong released this statement:"There is not a memo on this matter authored by Rob Forward. To the extent there exists any written records on this issue, these records are protected communications pursuant to N.D.C.C. 44-04-19.1(4), attorney work product, and will not be disclosed."
Edison said he has no interest in suing WSIor the state of NorthDakota, but expressed hope that the decision is revisited.
"I just think that lawyers saying it's illegal back then, and then the board approving it after everything that has happened with Sandy Blunt, is outrageous,"he said.
In fact, an employee of the attorney general's office said the office has "serious reservations as to the justifications for such a large expenditure."
Tag Anderson with the attorney general's office said in an e-mail to Wahlin that North Dakota law prohibits gratuitous severance pay when an employee is dismissed for "good cause."
"Payments made as part of a personnel settlement need to be supported by sufficient consideration, whereby the costs savings or increased agency efficiencies are reasonably commensurate with the expenditure,"he wrote.
Gov. John Hoeven and David Kemnitz, the president of the North Dakota AFL-CIO, also have said Blunt should not get any severance pay.
(Reach reporter Crystal R. Reid at 250-8261 or at crystal.reid@bismarcktribune.com.)


diggs wrote on Feb 4, 2008 2:04 PM:
Blunt declined to say how much he is seeking, but e-mails suggest the sum is more than $22,000. Attorney General Wayne Stenehjem said he believed the amount was more than $20,000. During negotiations over a $150,234 severance package Blunt received to leave the agency, he insisted on keeping his right to sue the state to recoup his legal fees, e-mail correspondence between Blunt and WSI says. Stenehjem said the state would not pay to defend any employee against criminal charges, and said any lawsuit by Blunt would be vigorously contested. Blunt made it clear that he intends to try to seek state payment of his legal fees, Stenehjem said in a telephone interview.
"
SE Forty wrote on Feb 2, 2008 10:12 AM:
Barney wrote on Feb 2, 2008 12:08 AM:
Dazed wrote on Feb 1, 2008 6:57 PM:
Get Real wrote on Feb 1, 2008 6:44 PM:
Leave it to the "Perry Mason-like" legal team at WSI to give one ruling for Edison and a different one for Blunt. It kind of fits in with the three stooges type advice they've been giving this entire time. They said they Blunt didn't have to give the 4% raises (they were wrong), they said one board member could legally fulfill two requirements (they were wrong), Jodi has a miraculous recovery of her "independent memory"just in time to save Blunt from jail and she gave him the wrong legal advice once again, then they helped craft the infamous memo from Halvorson telling the staff (or threatening the staff) that they didn't have to cooperate with the highway patrol in an official investigations (they were wrong) and finally who can forget that Forward and Wahlein investigated the internal auditors claims even though some related to THEM!! Whatever these guys are being paid its too much. Get rid of the legal team right along with Armstrong and Halvorson. "
Anti Frank wrote on Feb 1, 2008 6:35 PM:
halatbis wrote on Feb 1, 2008 4:46 PM:
Dan wrote on Feb 1, 2008 4:34 PM:
Pro-amnesty, anti-tax cut, anti-marriage amentment, Say no to McCain!!! We need Mitt Romney! "
Sick wrote on Feb 1, 2008 3:23 PM:
TO Wes Hightower wrote on Feb 1, 2008 2:40 PM:
In just a few words you made an excellent point. Nice Job !
"
Deb wrote on Feb 1, 2008 1:47 PM:
Online Editor wrote on Feb 1, 2008 1:42 PM:
Percy Jeurvicius wrote on Feb 1, 2008 1:20 PM:
It is Really Quite Simple wrote on Feb 1, 2008 1:19 PM:
It is Really Quite Simple wrote on Feb 1, 2008 1:10 PM:
oh, please! wrote on Feb 1, 2008 12:26 PM:
You cannot be serious to split hairs about roughly $20,000 out of a $150,000 -- oops, $130,000 severance package and call it poor reporting. Any severance package was too good for Blunt. As for the $2646.34 he earned in his first week in December, that's more than me and the majority of my peers earn in a month, and certainly way less than any injured worker gets to live on. Pray tell why you have such a vested interest in defending Mr. Blunt's huge, immoral, undeserved and possibly illegal severance package? "
Deb wrote on Feb 1, 2008 12:10 PM:
Frank wrote on Feb 1, 2008 12:03 PM:
Wes Hightower wrote on Feb 1, 2008 11:55 AM:
LJ wrote on Feb 1, 2008 11:51 AM:
Corruption is WSI wrote on Feb 1, 2008 10:53 AM:
It is Really Quite Simple wrote on Feb 1, 2008 10:41 AM:
Online Editor wrote on Feb 1, 2008 10:34 AM:
Enough Already wrote on Feb 1, 2008 10:31 AM:
Simple wrote on Feb 1, 2008 9:36 AM:
"
HeyHey wrote on Feb 1, 2008 9:32 AM:
leo wrote on Feb 1, 2008 9:05 AM:
Imagine that wrote on Feb 1, 2008 8:27 AM:
Here we go again wrote on Feb 1, 2008 8:11 AM:
Dirty old farmer wrote on Feb 1, 2008 8:09 AM:
the pledge, the turn, and the prestige wrote on Feb 1, 2008 7:52 AM:
EB wrote on Feb 1, 2008 7:50 AM:
Deb wrote on Feb 1, 2008 7:48 AM:
NoSeverance wrote on Feb 1, 2008 7:46 AM:
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.