North Dakota Ethics Commission Has No Authority to Punish Officials Violating Ethics Laws, State Leaders Argue

North Dakota's Ethics Commission has faced pushback from lawmakers since its creation seven years ago, with the latest session seeing many requests rejected and its budget kept modest. The governor and attorney general's offices argue that the commission cannot create or impose penalties for ethics-related violations, citing the state constitution. Despite this, North Dakotans have reported more concerns about ethics violations to the agency this year than in any other, with 72 complaints filed as of late May. The commission has only three full-time staff members and five commissioners who receive a small stipend, and has yet to disclose whether it has substantiated a complaint. The agency supported legislation that would have overhauled its process to speed up investigations, but it was rejected by the House. Instead, lawmakers settled on tweaks to the existing process, including requiring the commission to develop time management standards. The commission's executive director said the agency will look for ways to work around the hurdles that continue to slow down the investigation process. State leaders have also argued that the legislature is the only entity that can create penalties for ethics violations and delegate enforcement to state agencies. The commission, however, says its enforcement authority is implicit in the constitutional amendment, which could soon be tested.