Controversy surrounding the state workers compensation agency continued as the North Dakota House minority leader called for Rep. George Keiser, R-Bismarck, to step down as chair of a committee that oversees injured workers' grievances against Workforce Safety and Insurance.

A letter drafted to Rep. Al Carlson, R-Fargo, chairman of the Legislative Council, by Rep.Merle Boucher, D-Rolette, House minority leader, recommended that Keiser step down from his position as chairman of the Workers' Compensation Review Committee.

"The Workers' Compensation Review Committee was created to provide a forum for claimants(injured workers) where their grievances with WSI could be reviewed by an independent assessment panel. It was believed this would be best accomplished with impartial legislative committee members,"Boucher said in the letter.

He went on to say that Keiser's actions and public statements make his alliance to the agency very clear.

Keiser disagreed, however, saying he is supportive when necessary, and critical when he needs to be.

"To use one brush to say I'm supportive is inaccurate,"Keiser said.

He said he consistently attends WSIboard meetings and occasional press conferences to learn more about the agency.

Bob Indvik, chairman of the WSI board of directors, said Keiser has been an effective leader and was proactive in developing benefit increases, adding that the law, not WSI, was found at fault in most of the grievances.

"Almost every change was some problem with the law, not with WSI,"Indvik said.

Boucher contends that Keiser cannot be seen as objective.

"He might tell you that he can be objective, but I don't know,"Boucher said. "When I look at the history of the past legislative session, and his involvement in the 'covert'committee that was going to try to vindicate Sandy Blunt … Idon't think there's any turning back, and Idon't think he can be impartial anymore."

There are a lot more issues, Boucher said, adding that he thinks the governor should ask for the resignation of the enitre board.

Indvik challenges those who claim the board and the agency would work better under the governor to compare records.

"We believe the best performance you have gotten out of WSI has been under a board of directors,"Indvik said. "Let's put our record against the record of being under a governor."

Boucher's letter comes after four employees at WSIsubmitted requests for whistleblower protection to the North Dakota attorney general's office the same week WSIExecutive Director Sandy Blunt and Special Investigations Unit Manager Romi Leingang returned to work after felony conspiracy charges against them were dropped. Blunt also faced two charges of misapplication of entrusted funds, which were dismissed by South Central District Court Judge Robert Wefald and are pending on appeal in the Supreme Court.

The whistleblower law protects an employee of a state agency from retaliation for reporting what they see as illegal activity or misuse of public resources. Employees must make the request in a written letter to their agency head, a state's attorney, the attorney general or an employee organization, according to the North Dakota Century Code.

Liz Brocker at the attorney general's office said, to the best of their knowledge, there are no other records of requests for whistleblower protection through the attorney general's office.

Indvik said he could not comment on the allegations because they were under investigation.

When asked if he thought the requests reflected poorly on Blunt and the agency as a whole, he said the board will have to see how the concerns shake out.

In other WSI matters, the governor is in the process of finding a replacement for Evan Mandigo, retired board member and employee representative.

In a letter to the governor dated Oct. 10, Mandigo outlines his intentions to submit his resignation from the WSI board prior to the board's next meeting.

"Iam very proud of the accomplishments of WSI during the past ten years achieved by the agency carrying out the guidance provided by the Legislature,"Mandigo wrote. "However, since Iretired from the active workforce on August 3, I have been considering what my retirement activities will be. I think it is time for me to relinquish my role as a board member of WSI."

Mandigo said he'd heard a lot of rumors about why he resigned, such as being forced out, but none is true.

An audit of the agency in 2006 said the employee representatives on the board, which the governor chooses, may not be adequate representations. Both were in upper management in their respective workplaces:Brad Ballweber is the vice president-treasurer of Northern Improvement Co., and Mandigo worked at Basin Electric.

"We're looking for somebody who is a true employee,"said Ryan Bernstein, legal counsel for Gov. John Hoeven, when asked whether the governor would consider the audit report recommendation for better employee representation.

(Reach reporter Crystal Reid at 250-8261 or at crystal.reid@bismarcktribune.com.)