The Associated Press
BISMARCK -- A Burleigh County commissioner must vote on a road paving project, because the state's conflict-of-interest laws do not allow him to abstain, Attorney General Wayne Stenehjem says.
Last month, the commission deadlocked 2-2, with Commissioner Doug Schonert declining to vote, on whether to go ahead with paving almost 2.5 miles of Burleigh County road that is used to access a private waste dump.
Schonert, who is a real estate agent, said he could earn commissions from helping to sell land near the newly paved road. The project itself could benefit his brother and other relatives who live and own property in the area, he said.
Stenehjem, in a legal opinion issued Friday, said state law requires a public official to have a "direct and substantial" interest in a vote to justify any abstention. Schonert himself does not stand to reap large benefits from the road project, the attorney general said.
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"Although it may well be that the commissioner is uncomfortable with voting on the matter, or possibly believes that voting on the matter may create an appearance of impropriety, those are not sufficient reasons under the conflict statute," Stenehjem's opinion says.
Schonert said he was surprised by the attorney general's conclusion. He said he was "gun-shy" about voting on the project, because his relatives own land along the south side of the affected stretch of road.
"I thought anything that kind of smelled like a conflict of interest, you should beware," Schonert said. "I tried to be a little bit more on the conservative side, rather than go out there and do something I shouldn't do."
The project's cost was initially estimated at $540,000. It was to be financed by the county, two townships, and payments by affected landowners, collected through special assessments against their property.
However, when it came time to approve the special assessments, rising oil prices had pushed the price of the job to $720,000, said Jon Mill, the county engineer. During their June 4 meeting, the commissioners split 2-2 on a proposal to have the county pick up the extra expense.
Schonert said Friday he is not sure how he will vote on the issue.
On the Net:
Text of attorney general's opinion:
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Minutes of Burleigh County Commission's June 4 meeting:
