00:00:09,900	Good morning. Uh, I’d like to welcome you to a special meeting of the Burleigh County Commission for public hearing purposes concerning the redesignating elective office of Burleigh County Auditor Treasurer, uh, to an appointed office and uh input from the community on that, uh, before we get started, I’d like to take a moment of prayer, uh,

00:00:31,870	just, uh, dear Lord, uh, please guide our decisions and our residents of our county, our elected officials, staff, as well as, ah, keeping your prayers, our law enforcement officer. and make sure that everyone is guided to make good decisions. With that, uh, please stand for the Pledge of allegiance.

00:00:56,470	Pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God One nation One nation under God One nation One nation under God One nation, indivisible with liberty and justice for all.

00:01:16,370	Well that, uh, there’s a couple printouts up, uh, by the pillar, if anybody would like to take a look at those, uh, one is North Dakota Century Code, duties of the auditor and treasurer, uh, one-page flyer with summary of duties, education experience requirements for an appointed auditor treasurer from the North Dakota, uh, counties, um, before we get started, uh, please take the role. Mrs Schwab. Here. Comm Woodcox. Here.

00:01:37,100	Comm Munson, uh, Comm, uh, Vice Chair Bakken here, Chair Bitner. All right. With that, uh, public hearing guidelines, all meetings are recorded. Ah, must be a Burleigh County resident. Please let us know, uh, that you are, uh, you can sign in at the podium, uh, one topic for discussion, no discussion on previous home Rule charters or other positions. 5 minute time limits.

00:01:56,500	Speakers cannot yield time to another person, uh, try not to repeat what was already stated if you have provided comments at a previous public hearing, allow others an opportunity to speak. Uh, speakers in, uh, sign in and provide comment at the podium. Please print.

00:02:13,370	g i b ly uh, respectful and courteous hecklers and an inappropriate behavior will be removed by law enforcement, uh, our next public hearing will be at our regular commission meeting April 7th, uh, at 5 p.m. here at the Tom Baker Room in the Burleigh County, uh. Regularly scheduled commission meeting. Also public input, form is available on the Burleigh County website at www.burleigh.

00:02:37,830	gov, uh, with that, I would open up the public hearing. Anyone wishing to speak, please come forward. Uh, state your name for the record. You’re a resident of Burleigh County and uh signed at the podium. Anyone wishing to speak, please come forward. Acting Chair Steve Bakken and members of Burleigh County Commissioners. I’m Gailen Becker of Bismarck.

00:03:27,030	I’m, I have no intention of repeating things that have been previously mentioned. I support your efforts in doing your job and fighting to prevent supercritical CO2 pipeline from coming near my property in Burleigh County. As well as the pipeline going too close to the city of Bismarck. I commend the whole of Burleigh County Commission in this regard.

00:03:44,200	I’m disappointed in the recall petition that there is out there. As it can detract from your efforts. I keep up, keep up your best efforts and stay professional in doing what is in the best interests of the citizens of Burleigh County. I request the same of all elected officials.

00:04:00,270	I have been and will continue to pray for all elected officials. Thank you. So Galen, as far as uh Your opinion of what it would look like to either remain or as an elected office or a hired position, what would your input be? I’m really torn. Um, I put my faith in you guys.

00:04:22,630	To do what is in the best interests of Burleigh County. So in that regard, I support you. All right. Thank you. Yep, thank you. This is a public hearing. Anyone else wishing to speak, please come forward. This is a public hearing. Anyone wishing to speak, please come forward. On the redesignating of the elected Office of Auditor Treasurer to and a hired position.

00:04:48,870	Second call for public hearing. Uh, Comm, my name is Roger Lawyer. Um, so you may know me. In full disclosure, I’m married to SA Julie Lawyer. You’re. Um I get this down here. I’m up here actually to speak in support of this measure. Um.

00:05:36,770	You know, When this position was originally granted, I’m assuming that yes, um, the Bali Burleigh County budget probably was not much more than a large farming or ranching operation. So an elected official probably had the skills necessary for this. But You know, your budget for 2025 is $39.5 million.

00:05:56,470	That’s well beyond, you know, uh, what any business would have, um, especially if You know, with, um, you know, any ranching operation, probably have an accountant to take care of that now.

00:06:19,500	Um, Any CFO or, you know, I look at this position as basically being a CFO for the county and whether it be any of the businesses in town, Burleigh or Sanford, CHI MDU Basin, whatever. They’re going to have more than More requirements than a person being 18 years of age and being a resident of the county to have that position. Um Going forward as we are. is actually in my position almost irresponsible with the Burleigh County’s money.

00:06:41,900	Um, we need somebody in this position who’s going to look at the laws. I mean, this position does not represent the will of the people. They’re not here to oversee this commission. They’re not here to Basically keep you guys in check.

00:06:58,670	This commission decides what the money is spent on the treasurer auditor is bound by laws, regulations, rules to make sure that that money is spent appropriately, that it goes to where this commission decides it needs to be spent. The auditor position is even more important that they understand what they’re doing because this person needs to be Must be above reproach and integrity.

00:07:18,800	They must understand the rules of what they’re doing because they’re charged with making sure that our elections are held and conducted. In a way that is beyond reproach that we as citizens know that whoever is elected is there because the votes were counted correctly in the election was handled appropriately.

00:07:43,230	Now whether you agree with the home rule charter and not your guys’ ability to make this an elected or an appointed position is granted to you by state law. So Whether you agree with the hormone charter or not, this is something you have given to you. It’s given to every county in the state.

00:08:02,470	11 other counties have made this choice already, including Cass and Fargo, which is larger than us, and 11 other counties that are smaller than us. They have put in place um requirements to make sure that the people handling the county’s money. Or, um, you know, or have the experience, the education and the training necessary to do it appropriately.

00:08:27,730	Um Now, people may argue the fact that you’re taking away their, their right to choose. In fact, I think that’s You know, the vote we vote somebody and we can vote them out. I kind of find that a joke.

00:08:44,630	Once a politician is in, unless you guys do something that is blatantly illegal, it’s almost impossible to get rid of you. It takes a grassroots effort, um, I believe it’s at least 10%. of the votes, so 55,000 people voted in the last election here.

00:09:00,930	I need to get, if I wanted to get rid of any one of you, I need to get a position with 5000 signatures on it just to get it on a ballot. And that’ll take at least a year to get rid of you. In the meantime, You could still be messing up. And as long as it’s not illegal, we really have no problem. It’s really hard to get rid of you.

00:09:19,630	If there’s a position is appointed, it becomes very easy because this person now becomes a county employee. And I can come in here and if anybody in this position is doing something. Even shady. I can come in here as a citizen of Burleigh County. This is what I’m hearing. I want you guys to investigate. You would force to investigate.

00:09:35,900	I could come back the next month and go, What’d you find out? And if what I heard is true, you guys have a course of action. If the person is messing up, if they’re doing something illegal, not even illegal.

00:09:52,130	But you’re just not following company policies, procedures, or following the law, you have a course of action if this position is appointed. And you can nip things in the butt way faster than what we currently have. And that gentlemen will save the company or the company, sorry, the county money.

00:10:14,900	Um And I don’t want to make this about the people that are in the position, but Our last two commissioners are really drove home to the point, our last two people that were in this position, I really kind of drove home to the point. Um, Mr. Vetter, well, I never met him, it was pretty clear that he was here to collect the paycheck. Sign off a few things and let the people in the in the office.

00:10:30,630	At least that’s the rumor that was around. You know, I looked, did an open records request and This year, the treasurer Auditor position, the salary is $11,000 a little over that. Well, it’s a 100, uh sorry, 100,000 $111,238.

00:10:56,100	If somebody is being a politician and just being there, elected into this position to collect the paycheck. That’s a lot of money coming out of our pockets. For we’re not getting much for it. And we have virtually no control over that.

00:11:14,830	And going hard time with this. And the fact that before he even started this position, he lied.

00:11:27,500	About conversation he had with city commission job and the treasurer’s position with the accounting. When he was cornered on that, he turned around and lied again by saying, oh, no, I talked to HR, HR talked to them and that’s what they told me. Now, given the benefit of the doubt, whatever.

00:11:45,630	The next thing that happens is his first official act, he said it was not an official act, which was bringing a lawsuit. Now, without getting into it too much, the only way he could have brought that lawsuit was as a member as the treasurer Auditor.

00:12:09,770	And I’ve It’s a little difficult for me because I’m sitting here going, OK, maybe he didn’t understand what he was doing, but that’s Maybe he didn’t realize what he was doing because to bring that lawsuit. One of two things happened.

00:12:30,370	Either he wasn’t aware of the rules and regulations that govern his position and how this county operates because that lawsuit could only have been brought as um, as the treasurer out of position. To do that. He would have had to have the approval of this commission according to state law. So that shows an ignorance of the law or maybe he got, you know, believes something else, I don’t know. Um Or if you believe him in that, he says, oh, I brought this.

00:12:53,730	As As a, on a personal level. Well that’s a lie because he would have known if he knew the law, he would have known that he could only bring that lawsuit as a As the um the treasurer auditor position. And he would have had to have done it with your guys’s approval.

00:13:10,570	Um, So it’s hard to say, but what is concerning and so I have The lawsuit they brought, this is the dismissal. And I’m not going to go into reading it, but there are notes from the federal judge that I want to read.

00:13:34,630	Because I think that it’s It really, uh, they’re disturbing to me as a, as a citizen here. Um The first note. Uh, the court raises concerns with Splonskowski bringing this action without the approval of the Burleigh County Commission, as previously stated, it appears to this Court, North Dakota law requires permission or authorization of the county commission. For a county official to commence a lawsuit of this sort.

00:14:01,370	You know, analysis, however, is mute because Splonskowski fails to establish traditional elements standing required for the court jurisdictional. More we’ll discuss later. The second Note from the Federal judge. Um Yeah Sorry. That’s where he says he doesn’t really have any jurisdiction or standing. The third note is what I want to give you.

00:14:29,300	This is the judge’s thoughts on this. But Splonskowski's proposed conduct conduct may impinge on the voting rights of the members of the United States military and the United States citizens living abroad technically, the complaint does not challenge North Dakota Central Court.

00:14:48,230	Provision authorizing the ballots receipts for military or overseas citizens, and it goes into the century cos that cover this. If given the relief he asks, there is an invalidation of North Dakota’s general absentee ballot statutes, the same reasoning could be utilized against overseas citizens and members of the United States military has rights to vote. This indeed is concerning position for an elected official to take.

00:15:10,230	The Fourth note is the court notes the unusual steps taken by

00:15:17,270	state’s attorney for an opinion regarding the alleged conflict between North Dakota and federal law. Um If he really believed there was a conflict, he should have sought counsel from the state’s attorney rather than following an instant lawsuit with the help of independent legal counsel.

00:15:44,370	Gentlemen, That is disturbing to me that somebody who gets into this position doesn’t understand the rules and regulations governing them, and launches into an independent lawsuit because somebody talked him into it. I mean They have a lot of experience here with the commissioners, with their legal representatives. He should have looked at that.

00:16:12,130	Um So in the final note, it’s just that, you know, Swankowski should have proposed this question presented in his lawsuit to the state, local state’s attorney. He may wish to do so before the next election to avoid his potential prosecution. Um, Uh And then it kind of goes into how that actually wouldn’t happen. Um Now He started out poorly in the position.

00:16:39,100	I’ll grant you that. Um Had he started his position as an employee of this county. County policy you guys would have fired him. Yeah It’s, it’s, it’s a little bit tough, and I know that There’s been other matters that have gone before this commission. In the conduct of our auditory.

00:17:07,730	And I, one of the things that, and I’ll conclude with this, it kind of irks me. I did an open records request for Mr. Spankowski’s application because I knew he worked as a tax assessor before. And in that I received. The Burleigh County Human Resources Personal Action Forum. This shows us pay for this year.

00:17:29,470	He’s getting a, let’s see, where is this? I don’t. Looks like a 4. $4,278 raise for this year. I just had to go through work justifying why I deserve to raise where I worked. He’s the gentleman in this position has Obviously messed up. He’s made mistake after mistake. Um, he hasn’t got to training.

00:17:57,200	Um, he just messed up the W-2s for the election workers, um, which may open this county up to fines from the federal government for not following things on a timely fashion. Kind of burns my hide. That he’s getting a raise this year.

00:18:19,100	Um None of us in the county would be good, yeah, no, nobody working for another company with his tracker would have gotten a raise. Um And I will leave it at that. Thank you. It says public hearing. Anyone wishing to speak, please come forward. Second call for public hearing. Oh.

00:18:49,630	Oh, really? State your name for the record and sign at the podium and Let us know if you’re a county resident. Robert Disney, I live in Burle County. Mr. Chair, I didn’t get his last name, your last name again. Disney like Disneyland. it. I don’t know, I He’s got That’s what he’s talking about. Got you. Half blind. Commissioners and people of Burleigh County.

00:19:44,030	It seems to me that the Home Rule charter, although control should be at the local level. Has been a mistake. Because it gave the commissioners When I, I’m going to call dictatorial powers. Government at the most intimate level must and shall be democratic. That is everything is voted.

00:20:09,630	By all of the people, or at least those those people most interested in the outcome. As a side note, it is apparent that the majority of people who have commented on this issue of appointment of the auditor are in opposition to it. Another side note is that the commissioners can be recalled.

00:20:32,100	For not listening to the will of the people. An earlier comment was that everybody should be elected. For every position that makes decisions affecting the people of this county, I agree. In the case of whether the auditor is doing his job or doing it well. This is mostly from what I gather hearsay, gossip or fabrications.

00:20:54,130	I don’t know who the auditor reports to other than the elected people. But the commissions commissioners have no authority over these allegations, which sound more like emotional. Conflicts to me. I am opposed to giving more power to the commissioners to appoint an auditor of their liking. Or one that they can control. Commissioners.

00:21:25,800	Thank you much. This is a public hearing. Anyone else wishing to speak, please come forward. Good morning, Commissioners. I’m Doug Schonert. I’m have a question. Uh, are you gonna have another open form like this at uh April 7th meeting people.

00:21:59,630	If I speak now, what I want to say to her, can I repeat it at that time, if time allows, yes. So I Anybody who wishes to speak again, I’ll let them speak today just, um, because it seems like we’ve exhausted those that have wanted to speak, so we do have time today. OK.

00:22:23,100	There are the questions I had, uh, I just want to say that Uh And I think I’ve made my point before. I want to see this. position stay elected. I’m totally against appointed officials. Especially on this level. I don’t Believe that it’s necessary um. I don’t, I don’t keep track of Mr. Splonskowski's on.

00:22:51,000	Handling of the situations whether they’re good or bad, and I understand that you have a lot of problems with his decisions on that, but Regardless. He’s up for election, you know, in a couple of years, I think, right? He could be up for a special election if that you so desire these people so desired, they could get petitions and, and have a special election.

00:23:13,300	So Making it a appointed position is kind of a one time thing. He I wouldn’t want to make it a, if I sat on the board like I used to, I would be totally against that because I don’t think he needs to.

00:23:32,000	Uh He, he doesn’t need to report to the commission. He needs to report to the people. And that’s what would happen if you had elected. You wouldn’t have to put up with, with you guys. Which seems to be not doing anyway.

00:23:52,900	But there’s a, there’s a way to, uh, Way to get through this without um making an appointed position, if it makes a point, if you make it a pointed, it’ll never go back to elect. OK, thank you. I’ll, I’ll sign this. I forgot to sign this. Thank you, Comm. Uh, this is a public hearing. Anyone wishing to speak, please come forward. Once again, second call for public hearing. Anyone wishing to speak who has spoken before.

00:24:21,100	3rd and final call for public hearing. This public hearing is now closed. Uh, our next, uh, opportunity will be April 7th, uh, 2027, uh, here in the Tom Baker room, uh, at our regularly scheduled Burleigh County Commission meeting.

00:24:45,230	Also, if you have not done so, if you’d like to go in, ah, there’s a public input form available on the Burleigh County website. At www.burleigh.gov. Uh, would definitely like to hear people’s opinion there as well, and that site will be open, uh, also, um, uh, Has, have any of the other commissioners had any, uh, input of where we are with

00:25:08,570	that staff report, um. Cause I’m hoping that’s gonna be by the, uh, the 7th as well. We’ll have that available. I haven’t heard any. No? OK. Uh, with that, uh, This meeting is now