Oct 23, 2008 - 07:14:24 CDT
A legislative committee is demanding more than three years' worth of records from North Dakota's state auditor in a search for information about the prosecution of the former state workers compensation director.State Auditor Robert R. Peterson said the formal request - which the Legislature's Audit and Fiscal Review Committee endorsed on a 10-3 vote - was unnecessary because the documents the lawmakers want already are public records.
"It was Frank being Frank," Peterson said Wednesday, referring to Rep. Frank Wald, R-Dickinson, a committee member who made the motion to request the records.
Wald has been critical of a state performance audit of Workforce Safety and Insurance that detailed morale problems and questionable hiring and spending practices at the agency.
The audit was first published two years ago. Critics of WSI used the audit's findings to highlight what they believed were violations of state law.
A criminal investigation ensued, and the agency's former chief executive officer, Sandy Blunt, faces trial in December on two felony charges of misusing state money.
Gordy Smith, a state audit manager, presented the Audit and Fiscal Review Committee on Monday with the results of a follow-up audit that detailed whether Workforce Safety had followed the recommendations of the first report.
Wald questioned Smith during his presentation, asking whether some of the audit's inquiries were beyond the auditor's authority and amounted to "witch hunting."
Wald did not respond Wednesday to telephone messages left for comment. Blunt declined comment.
Peterson said Wald was "upset with how events have transpired with respect to Mr. Blunt."
"He has to take it out on someone, and it's going to be me," said Peterson, who like Wald is a Republican. "That's fine. Every so often, when you do your job, you upset legislators, and in this case, I've upset Frank Wald."
The committee's request asks for "all communications between the state auditor's office and the Burleigh County State's Attorney relating to Workforce Safety and Insurance, including all correspondence, e-mails, faxes, subpoenas, summons, complaints, and other information received or sent" from July 1, 2005, until Nov. 15, 2008.
Jason Wahl, a senior auditor in the performance audit division in Peterson's office, said the office's first documented contact with the Burleigh County prosecutor was on April 17, 2007, when Wahl met with prosecutors and investigators from the Bureau of Criminal Investigation and the Highway Patrol.
Wahl said he was interviewed by the BCI and Highway Patrol in December 2006, two months after the original audit was published. He also was subpoenaed for Blunt's August 2007 preliminary hearing, but did not testify, Wahl said.
His work with prosecutors and investigators has consisted of providing background information and data about the performance audit and answering questions about it, Wahl said.
Correspondence between the auditor's office and the Burleigh County prosecutor numbers about 300 pages, Wahl said. However, the paper count includes WSI documents obtained during the performance audit, including the agency's policy manual, he said.
Peterson and Richard Riha, the Burleigh County state's attorney, said the committee's records request was similar to a request made by Steve Cates, the Bismarck publisher of the Dakota Beacon, a conservative newspaper and Web site. Cates has written extensively about the Blunt case and believes Blunt has been treated unfairly.
Peterson said his office complied with Cates' request. Riha said he refused it because the records Cates wanted are part of a pending criminal case.
The legislative committee's demand says its requested documents must be provided to legislative staffers by Dec. 1. Peterson said the deadline would be met. The committee will not be charged for the records, or for the time spent compiling them, Peterson said.
When they fulfill records requests, North Dakota agencies may charge requesters for time spent searching and reviewing records. The first hour is free, but an agency may charge $25 hourly afterward. Copying costs of up to 25 cents a page may also be charged.

FOR scates wrote on Oct 28, 2008 5:41 PM:
SCates wrote on Oct 28, 2008 12:52 PM:
MamaMia wrote on Oct 27, 2008 9:22 PM:
Slim wrote on Oct 27, 2008 8:01 PM:
PS. "to LIving It" you should apologize to "Living it." That was not nice. Where is your compassion? I hope you don't work for WSI. "
SCates wrote on Oct 27, 2008 5:05 PM:
MamaMia wrote on Oct 27, 2008 2:03 PM:
SCates wrote on Oct 27, 2008 1:14 PM:
MamaMia wrote on Oct 27, 2008 12:17 PM:
Victor wrote on Oct 27, 2008 12:00 PM:
I also don't recall you putting in the caveat that someone needs to contact you before they dispute you. You sure change the playing field as you go along. "
SCates wrote on Oct 27, 2008 10:40 AM:
MamaMia wrote on Oct 27, 2008 9:46 AM:
SCates wrote on Oct 26, 2008 4:38 PM:
Slim wrote on Oct 25, 2008 7:48 PM:
mj wrote on Oct 25, 2008 5:19 PM:
Living It wrote on Oct 25, 2008 2:22 PM:
Victor wrote on Oct 25, 2008 1:14 PM:
I have pointed out sections of the NDCC where I think its not applicable to Burleigh County and now I am asking to do what you wrote to Slim on Oct 24, 2008 2:31 PM to provide information to prove otherwise. Or using your own words then I am CORRECT "
Heritage wrote on Oct 25, 2008 10:57 AM:
Cates won't admit he is wrong, nor will he point out the section of the law that backs up his claim, because he knows he is mistaken on that rant.
Cates, one thing you wrote was that NONE of the photos downloaded from the DOT database were shown to the library and/or post office, but your buddy Mark Armstrong indicated in an email that indeed one of the downloaded photos were shown, so either you lied or Mark lied, either way I don't care, someone lied and if its Mark (who many believe was the one feeding you information) then how do you know your facts are true as well. "
SCates wrote on Oct 25, 2008 10:07 AM:
to LIving It wrote on Oct 25, 2008 9:48 AM:
Slim wrote on Oct 24, 2008 11:11 PM:
Come on now, it takes a big man to admit when he is wrong. All this talk about everything everyone else says or writes has been wrong and everything you say and write is right does not stand up if you don't admit obvious misstatements. Come on now, redeem yourself.
If you can start down the path of redemption maybe they rouge guy can follow you. "
SCates wrote on Oct 24, 2008 8:52 PM:
Living It wrote on Oct 24, 2008 7:12 PM:
Victor wrote on Oct 24, 2008 4:41 PM:
Also in reading NDCC and the ND Constitution nowhere does this motion (whether it was appropriate or not) mandate this action on Burleigh County, therefore I guess Cates was incorrect in his analysis. "
Edward wrote on Oct 24, 2008 4:18 PM:
Victor wrote on Oct 24, 2008 3:36 PM:
Victor wrote on Oct 24, 2008 3:29 PM:
Victor wrote on Oct 24, 2008 3:08 PM:
Its also safe to say that when someone refuses to answer questions directly and engages in rhetoric, there is a reason, mostly that there is no basis for their original statement.
According to this logic, we are suppose to believe Cates is correct in everything he says and does.
Why waste time on him? "
Slim wrote on Oct 24, 2008 3:03 PM:
Ah, the best laid plans of mice and boys.
Take off your blinders and read it again. "
SCates wrote on Oct 24, 2008 2:31 PM:
Slim wrote on Oct 24, 2008 2:06 PM:
Victor wrote on Oct 24, 2008 10:28 AM:
You have also been asked twice to provide the section of the law that requires that and haven't, why is that? "
SCates wrote on Oct 24, 2008 9:12 AM:
Lake wrote on Oct 24, 2008 8:30 AM:
Wow! Are they like big secrets or something? A club that meets underground? I thought government was supposed to be transparent.
More national embarrassment for North Dakota. "
Edward wrote on Oct 24, 2008 8:03 AM:
Victor wrote on Oct 24, 2008 7:53 AM:
Law wrote on Oct 24, 2008 7:36 AM:
SCates wrote on Oct 23, 2008 11:25 PM:
Living It wrote on Oct 23, 2008 10:01 PM:
mh wrote on Oct 23, 2008 8:06 PM:
RLM wrote on Oct 23, 2008 8:00 PM:
The last time I looked, the State Auditor was elected in a state wide election.
"Representative" Wald was only elected in his district.
Mister Peterson should be able to call Frank what ever he likes.
I think he was just being nice. He could have said what he really thinks. Frank
is in the tank for WSI. Wait, I like that...lets call him "Frank the Tank" "
Secretary wrote on Oct 23, 2008 7:50 PM:
Oracle CEO wrote on Oct 23, 2008 4:15 PM:
SPLICHAL FOR STATE AUDITOR wrote on Oct 23, 2008 2:23 PM:
Hey Splichals Campaign manager. wrote on Oct 23, 2008 1:26 PM:
mikesouth wrote on Oct 23, 2008 1:14 PM:
Victor wrote on Oct 23, 2008 12:24 PM:
SCates wrote on Oct 23, 2008 11:44 AM:
hmmm wrote on Oct 23, 2008 11:39 AM:
Mary wrote on Oct 23, 2008 11:15 AM:
Edward wrote on Oct 23, 2008 10:34 AM:
Susan wrote on Oct 23, 2008 10:04 AM:
Edward wrote on Oct 23, 2008 9:38 AM:
SPLICHAL FOR STATE AUDITOR wrote on Oct 23, 2008 9:23 AM:
"Jason Wahl, a senior auditor in the performance audit division in Peterson's office, said the office's first documented contact with the Burleigh County prosecutor was on April 17, 2007, when Wahl met with prosecutors and investigators from the Bureau of Criminal Investigation and the Highway Patrol."
The same Wahl then pours through Blunts records and wildly declares he believes Blunts severance is illegal. The same Wahl who found and concocted formula to make promised salary payment bonuses? The same Wahl who had his staff call reporters (not official legal bodies but reports) to see if they had dirt on Blunt from Ohio as part of his audit. The same Wahl who and the list goes on.
The auditors behavior is disturbing and they are not God as they think they are. I smell a day of reckoning for the real agency that has been rouge and out of control for years. Hopefully others will find the guts to step up too and talk about the auditors improprieties.
And by the by, Wald only made motion. Check out how almost the entire committee voted in favor of the motion. There is more there than we know. Thankfully Wald has the guts to stand up against the rouge in the auditors office. "
Susan wrote on Oct 23, 2008 9:21 AM:
Deb wrote on Oct 23, 2008 9:11 AM:
Nodaker wrote on Oct 23, 2008 8:51 AM:
Just Frank being Frank. wrote on Oct 23, 2008 8:02 AM:
Great judgment boys and girls. "
Victor wrote on Oct 23, 2008 7:53 AM:
Wald is PO'd that his golden boy got caught and that the voters of ND are smart enough to see through all the rhetoric, hate, vindictiveness, harassment that Blunt and WSI have put people through and that voters WILL demand a governance change on November 4. So Frank, cry one last time, your failings as a legislator ruined the agency. "
Food for Thought wrote on Oct 23, 2008 6:39 AM:
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