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.