North Dakota Ethics Commission Considers Whistleblower Protection
(North Dakota Monitor) - The North Dakota Ethics Commission is considering proposing a new law during the 2025 legislative session to protect whistleblowers.
North Dakota already has whistleblower laws, but none explicitly cover the Ethics Commission.
A bill draft presented during the commission’s meeting Wednesday outlaws retaliation against anyone who in good faith provides “relevant information” to the commission about a possible ethics violation, or who assists in an investigation of a possible ethics violation by providing the commission with “testimony, records, documents, or other information.”
The draft language also includes a provision stating that people who provide false information to the commission would not be shielded from libel, slander “or other civil or criminal actions.”
The draft is based on a New Mexico law, Executive Director Rebecca Binstock said during the meeting.
Murray Sagsveen, the commission’s newest member, suggested Wednesday that the group also look to a statute that protects people who report potential abuse of children and vulnerable adults to the North Dakota Department of Health and Human Services as a possible model.
The commission is considering four other legislative proposals for next year’s session:
- An amendment clarifying that individuals, agencies and organizations under the commission’s jurisdiction can only request advisory opinions on behalf of themselves;
- Changes to its system for investigating potential ethics violations, including an amendment granting the Ethics Commission subpoena power or authorizing the commission to apply for a subpoena from a district court judge;
- An amendment specifying that the two-year prohibition on lobbying after a public official leaves their office only applies to those who were elected, not those who were appointed; and
- Legislation creating a process for enforcing financial disclosure requirements for elected officials.
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