Ethics Commissioner does not have the support to keep serving, governor argues

BISMARCK, N.D. (North Dakota Monitor) — North Dakota Ethics Commission member Murray Sagsveen no longer has the support to continue serving beyond his expired term, Gov. Kelly Armstrong argued Wednesday.

The governor and two other members of the Ethics Commission Selection Committee remained at a stalemate over reappointing Sagsveen, a Bismarck attorney.

Sagsveen’s term ended Aug. 31, but he has continued serving until the position is filled. Armstrong argued that a lack of consensus from the committee means Sagsveen can no longer serve. He said he plans to send Sagsveen a letter at 5 p.m. Wednesday outlining his position.

“It is by our discretion and our discretion alone,” Armstrong said. “He no longer has that consensus.”

Vacancies to the Ethics Commission are filled by a consensus vote of the governor and the Senate majority and minority leaders, according to the constitutional amendment that created the agency. The selection committee has now met four times without coming to an agreement about reappointing Sagsveen. Armstrong, who has argued that a “reset” is needed on the commission, said Wednesday it is “untenable” for Sagsveen to continue serving.

While the selection committee met in the governor’s conference room, the Ethics Commission held its monthly meeting at the Capitol. Ethics Commission Executive Director Rebecca Binstock said during the meeting that the commission has always operated under the policy of commissioners serving until they’re replaced.

“That has been a longstanding policy of the commission,” Binstock said. “Early on, it was included in the code of ethics that ensured that commissioners knew they were subject to that.”

Commissioner Murray Sagsveen, right, of the North Dakota Ethics Commission, speaks during a commission meeting at the Capitol next to Cynthia Lindquist, chair of the commission, on Nov. 19, 2025. (Photo by Michael Achterling/North Dakota Monitor)

Binstock said that forcing commissioners to step down after their terms end could leave the commission in a situation where they can’t meet quorum.

Armstrong said the commission has a quorum now that member Pam Sharp has been appointed.

Senate Majority Leader David Hogue and Senate Minority Leader Kathy Hogan have advocated for keeping Sagsveen on to promote continuity.

Hogue, R-Minot, who has called Sagsveen his “top pick” among other finalists, said he was sympathetic to the governor’s position and agreed an appointee should not be able to serve permanently after their term has expired. Hogan, D-Fargo, said she would be gathering additional legal opinions on the subject.

Also Wednesday, the selection committee appointed Fargo attorney Mark Western to a position on the Ethics Commission.

Western will fill the remainder of the term set to expire next summer that was vacated by the death of former Ethics Commission Chair Dave Anderson.

“I would hope that we could reappoint him next summer,” Hogue said.

Previously the selection committee appointed Sharp, former director of the Office of Management and Budget, to another opening on the commission.