Attorney General: Governor Can’t Remove Members of N.D. Workers’ Comp Board

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Gov. John Hoeven doesn’t have the authority to oust the directors of North Dakota’s workers compensation agency, Attorney General Wayne Stenehjem says.

In a legal opinion issued Thursday, after the board voted to fire Sandy Blunt, its chief executive officer, Stenehjem said Workforce Safety and Insurance board members are not covered by a state law that allows Hoeven to remove some public officials for malfeasance.

Although the governor appoints the 11 board members, a majority must be chosen from lists submitted by interest groups and the members serve fixed terms, the attorney general’s opinion says. Those two factors are general exceptions to the rule that the governor may remove board members whom he appoints, Stenehjem said.

“Even though the governor lacks the statutory authority to remove WSI board members, most courts have recognized that the power to appoint a public official includes the power to remove that official,” the opinion says. “However, the courts have also articulated several exceptions to that general rule.”

Sen. Tim Mathern, D-Fargo, requested the opinion. Mathern is seeking the Democratic endorsement to oppose the 2008 re-election bid of Hoeven, who is a Republican. Hoeven is seeking his third four-year term.

In the past year, felony charges have been brought and dropped against Blunt and Romi Leingang, WSI’s investigations director, and employees have sought protection against what they feared would be job retaliation by Blunt.

Robert Indvik, the chairman of the WSI board of directors, said in an interview that there was no reason to remove any board member.

“I don’t see what credible information you would base that upon,” Indvik said. “The board has done nothing but try to improve the benefits for injured workers (and) help in the workplace.”