BISMARCK, N.D. (AP) - A powerful bipartisan panel helping to craft a multibillion-dollar budget for North Dakota’s biggest agency met in secret behind a locked door Thursday “because we didn’t want to be bothered,” the committee’s chairman said.
“We compare it to executive session,” said Republican Rep. Jon Nelson, chairman of a House Appropriations subcommittee that that reviews human services spending - an area that takes about a third of state spending. “It isn’t a devious situation.”
The Associated Press and a Forum Communications reporter learned of the meeting Thursday morning. The meeting was advertised as being in the committee’s normal hearing room at the state Capitol but instead was held in the “doctor of day” room that is accessed only by a key code.
Reporters were allowed entry into the room after knocking but were given a cool reception by the panel made up of five Republicans and one Democrat. Christopher Jones, executive director of the Department of Human Services, was in attendance.
GOP Gov. Doug Burgum appointed Jones to the post in 2017.
“When a committee requests an agency head’s presence, the agency head generally attends,” Burgum spokesman Mike Nowatzki said. “With that being said, this administration is committed to transparency.”
Nowatzki said the governor will discuss the issue with members of cabinet on Friday.
Nelson said the panel was working on amendments for the agency, the state’s biggest, both in terms of its budget and employees. The Senate already has passed a $4.1 billion budget for the agency, which has about 2,300 employees.
House budget writers have held a series of public meetings on the agency’s budget.
Republican Senate Majority Leader Rich Wardner and Democratic Legislative leaders said they were unaware of the any committee meetings being held in secret and especially behind locked doors.
“I’m dumbfounded,” said House Minority Leader Josh Boschee.
Republican Rep. Chet Pollert led the appropriations subcommittee before taking over as House majority leader this session.
Pollert said he also had used the secure room to hold some committee hearings in the past, but believed it was legal because the subcommittee didn’t make up a quorum of the full 21-member House appropriations committee.
No votes were ever taken behind closed doors, Pollert said.
Pollert said he was seeking a legal opinion from legislative lawyers to find out whether the meetings are legal.
“It’s no big deal,” Pollert said. “If it’s wrong, we’ll correct it.”
Jack McDonald, a Bismarck attorney who represents media outlets on issues regarding the state’s open records and meetings laws, said he had not known about the locked-door meetings. McDonald has worked at the state Capitol since the 1960s, first as a reporter.
“Holding meetings behind locked doors are not public meetings. Period,” McDonald said.
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