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Pension board chairwoman refused request from Burgum’s office to resign amidst budget bill lawsuit

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Pension board chairwoman refused request from Burgum’s office to resign amidst budget bill lawsuit


BISMARCK — The chairwoman of the board of the North Dakota Public Employees Retirement System refused a request from the governor’s chief of staff to resign, a request made in the midst of a lawsuit that has thrown the state into budgetary chaos.

Mona Tedford Rindy said she refused the request from Gov. Doug Burgum’s chief of staff, Jace Beehler, to resign from the board.

The resignation request was made in a phone call on Friday, Sept. 22, and in a follow-up email Beehler sent to Tedford Rindy on Saturday, Sept. 23 —

just days before the North Dakota Supreme Court ruled on Thursday, Sept. 28, that a major appropriations bill was invalid,

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requiring legislators to reconvene in a special session.

The ruling came in a lawsuit filed by the Public Employees Retirement System. The suit challenged a law that added more members to the PERS board, including two more legislative members, giving legislators four of 11 board seats.

“I refused to resign,” Tedford Rindy told The Forum on Thursday, Sept. 28. “It’s certainly not my intent to resign at this time.”

In Beehler’s email, he told Tedford Rindy her “resignation is being requested as a change in direction is sought for the PERS board due to the significant changes and large tasks ahead of the board and to fulfill the laws as intended by the 68th legislative assembly.”

When asked to comment on the resignation request, Burgum’s spokesman, Mike Nowatzi, echoed Beehler’s reasons as given in the email but did not elaborate.

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Tedford Rindy, whom Burgum appointed to the board in 2020 and whose term expires in 2025, told The Forum that she believes the request for her to resign was motivated by the PERS lawsuit over adding more legislators to its board, which she said violates separation of powers.

“That’s the issue,” she said, although she added that she doesn’t know the governor’s reasoning.

Tedford Rindy said she believes the request for her to resign was to make it possible for a new board to withdraw the PERS lawsuit, which would have made the issue moot, avoiding the Supreme Court ruling invalidating the major appropriations bill.

“I am aware that some legislators have been displeased with my strictly carrying out my fiduciary duty of not interfering with a suit that had already been filed,” she said. A fiduciary responsibility is a duty to act in the best interests of those you serve.

She said she was also aware that some legislators, whom she declined to name, also had called the governor’s office to express their displeasure over the issue.

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“The purpose of the suit that the PERS board filed was to assert that there was a violation of the separation of powers,” she said. “That is the question that the PERS board put to the Supreme Court.”

Tedford Rindy believes the request for her to resign was “because I have voted to maintain that the legislators have a conflict of interest on the PERS board. My assumption is to remove me and to replace me with someone who would vote differently. The only logical reason I can come up with why the governor wanted me to resign is in order to replace me with someone who would vote in line with the legislators’ agenda.”

The appropriations bill included an amendment altering the composition of the PERS board, which is why the appropriations bill was before the Supreme Court.

In addition to the lawsuit over board membership, Miller and the PERS board clashed with legislators earlier this year over changes made to the pension system for state employees.

In the August PERS board meeting, the board voted 4 to 3 that legislators serving on the board had a conflict of interest regarding the lawsuit, according to board minutes.

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All three members who voted no were among Burgum’s most recent board appointees, a group that included two additional legislators.

Tedford Rindy, who lives in Portland, North Dakota, spent her career working as a trust officer at banks.

“I take my fiduciary responsibility very seriously,” she said.

Patrick Springer first joined The Forum in 1985. He covers a wide range of subjects including health care, energy and population trends. Email address: pspringer@forumcomm.com
Phone: 701-367-5294

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North Dakota

Ward County pursuit ends in crash

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Ward County pursuit ends in crash


WARD COUNTY (KFGO) – A North Dakota State Trooper attempted to stop a pickup truck for a traffic violation on Highway 2 near mile marker 142. The pickup fled from the trooper along with Ward County deputies and initiated a pursuit. 

The pickup exited Highway 2 and drove west on Ward County Road 12, then turned south onto 156th Street SW. A Ward County deputy successfully spiked the pickup just north of Ward County Road 14 on 156th Street SW. The pickup drove south across Ward County Road 14 and entered a field. Law enforcement set up a perimeter around the field. Law enforcement located the pickup approximately 1⁄2 mile south of Ward County 14 in the field where the pickup struck a large stack of round bales. 

The driver, a 45-year-old man from New Town, ND was not wearing a seatbelt. He sustained serious injuries and was transported to Trinity Hospital in Minot. The driver was charged with driving under suspension, fleeing a peace officer, and aggravated reckless driving. 

The passenger, a 45-year-old woman from Stanley, ND was not wearing a seatbelt. The woman sustained serious injuries and was transported to Trinity Hospital in Minot. Names will be released at a later date. 

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This incident remains under investigation by the North Dakota Highway Patrol.



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A chance to bring term limits back to life – The Boston Globe

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A chance to bring term limits back to life – The Boston Globe


Of course, there is a surefire way to guarantee more turnover in Congress: term limits. Imposing a hard cap on how long senators and representatives can retain their seats wouldn’t prevent scoundrels, zealots, and incompetents from getting elected. It would keep them from becoming entrenched in power. It would make congressional elections more competitive, more responsive, and more meaningful. It would encourage more good and talented people to run for office. And it would decrease the influence of lobbyists, whose clout depends on ties to long-time incumbents.

There is little about politics today on which Democratic and Republican voters agree, but the desirability of congressional term limits has long been an exception.

The Pew Research Center last fall measured public support for a number of proposed reforms, including automatic voter registration, expanding the Supreme Court, and requiring a photo ID to vote. By far the most popular proposal was a limit on the number of terms members of Congress can serve. An overwhelming 87 percent of respondents favored the idea. Similarly, researchers at the University of Maryland’s School of Public Policy, who have studied public attitudes on this issue since 2017, report that very large majorities of Republicans, Democrats, and independents consistently back term limits.

If congressional term limits command such widespread bipartisan regard, why don’t they exist?

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Actually, they used to. A wave of citizen activism in the early 1990s led 23 states, comprising more than 40 percent of all the seats in Congress, to enact laws limiting the terms of senators and representatives. But in 1995, a sharply divided Supreme Court ruled in US Term Limits v. Thornton that neither the states nor Congress may add to the conditions for serving in Congress. In a 5-4 decision, the court ruled that inasmuch as the Constitution did not set a maximum number of terms for senators and representatives, states cannot do so either.

The dissent, written by Justice Clarence Thomas, was strong.

“Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” he observed. “The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people.”

At the time, the court’s ruling had the effect of nullifying congressional term limits in all the states that had adopted them. But nearly 30 years later, might the issue get a second look?

Maybe.

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On June 11, North Dakota voters handily approved an amendment to the state constitution imposing an age limit on candidates for Congress. The new measure disqualifies anyone from running for the House or Senate if they would turn 81 before the term ends. Under the 1995 decision, the North Dakota law is unconstitutional, since it imposes an eligibility requirement to serve in Congress that isn’t in the Constitution. So it is widely assumed that the law will be challenged in federal court. Federal judges are bound by Supreme Court precedent, so the law will presumably be struck down by the district court, and that decision will be affirmed by the court of appeals.

But that would set up an appeal to the Supreme Court, providing an opportunity to revisit the issue — and perhaps overturn US Term Limits v. Thornton. Of the justices who were on the court in 1995, the only one still serving, as it happens, is Thomas. Another of the current justices, Neil Gorsuch, co-authored a 1991 law review article defending the constitutionality of term limits.

It might seem odd that a challenge to North Dakota’s congressional age limits law could conceivably open the door to undoing a Supreme Court precedent dealing with term limits. But the underlying issue is the same in both cases: whether the people in each state have the right to set the rules for gaining access to their ballot and representing them in Congress.

There is good reason for the public’s unflagging support for limiting congressional terms. Because the advantages of incumbency are so powerful, it has become incredibly difficult to dislodge a sitting member of Congress. US presidents, most governors, and mayors of many of the country’s largest cities are term-limited. Most Americans, across the political spectrum, have steadfastly believed senators and representatives should be too. Nearly 30 years ago the Supreme Court took the power to make that decision away from the people. Soon it may have a chance to restore it.

Jeff Jacoby can be reached at jeff.jacoby@globe.com. Follow him on X @jeff_jacoby. To subscribe to Arguable, his weekly newsletter, visit globe.com/arguable.

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North Dakota

Operation Dry Water 2024 focuses on Fourth of July week

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Operation Dry Water 2024 focuses on Fourth of July week


BISMARCK, N.D. (KFYR) – North Dakota Game and Fish Department game wardens will once again participate in a national campaign called Operation Dry Water.

“Operation Dry Water is a national campaign focusing on the awareness and enforcement of boating under the influence, both alcohol and drug use,” said Jackie Lundstrom, NDGF game warden supervisor.

This year’s campaign is focused on the Fourth of July week, July 4-6.

“That time frame has historically been picked because it is a national holiday, and it’s a time frame when just about everybody gets together for some sort of family gathering or friends and family outing and watching fireworks,” said Lundstrom.

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There are many partners who participate in Operation Dry Water on a local and national level.

“Across the country, all agencies involved with any type of water enforcement. That could be a state agency, it could be sheriff’s departments, local police departments. We have states and territories all over the country that are involved with this project. And it’s also in correlation with the U.S. Coast Guard as well,” said Lundstrom.

What can boaters expect when stopped by game wardens or other participating agencies during Operation Dry Water?

“If you are stopped, whether it was for an initial violation or a safety check, our officers will go through those items that are required, and then they’ll also discuss whether or not there’s a sober operator on board for the day,” said Lundstrom.

The Fourth of July is a holiday when family and friends typically gather and have a great time on our state’s lakes and rivers, but at the end of the day, everyone has the same end goal.

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“Our ultimate goal when we’re outdoors and out on the water, especially this holiday weekend, we want to make sure that everyone comes home safe and has a good time on the water,” said Lundstrom.

Most of the fatal boating accidents in North Dakota are alcohol-related.



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