From: "Unruh, Jessica K." <jkunruh@nd.

gov>
Date: February 20, 2019 at 9:42:08 AM CST
To: "Mathern, Tim" <tmathern@nd.gov>, "Anderson, Jr., Howard C." <hcanderson@nd.gov>, "Chaffee, Ellen" <ellen.chaffee@gmail.com>
Cc: Northern Plains Dance <dance@northernplainsdance.org>, "blue63@westriv.com" <blue63@westriv.com>, -Grp-NDLA Senate
<ndlasenate@nd.gov>, Dina Butcher <dina.wtba@midconetwork.com>, "'hoanders@westriv.com'" <hoanders@westriv.com>
Subject: RE: Join Us at Dance+

Dr. Chaffee,

I typically would not engage email strings of this type and I’m late to the game, but I do feel compelled to provide some clarification to the gifting
clause. You stated Senator Anderson’s statement was “patently false”, but I read Section 2.1 of article XIV to say the following:

“A public official may not knowingly accept a gift from a lobbyist… “Gift”…means any item, service or thing of value.”

Now, Ms. Heid may or may not be considered a lobbyist under this section, but that is not clear. But her tickets are a thing of value in my eyes, and I’m
sure in hers as well. And we can discuss timing certainly, but if it’s unethical in a few years, it’s unethical now. And we are all doing our best to not
violate something that’s at best unclear.

I appreciate how cordial this conversation has been, and I hope we can continue that after we all rest over crossover break and come back with fresh
minds and thoughts as we work together to provide clarity for all of us on this issue.

Jessica

From: Mathern, Tim

Sent: Tuesday, February 19, 2019 6:12 PM
To: Anderson, Jr., Howard C. <hcanderson@nd.gov>; Chaffee, Ellen <ellen.chaffee@gmail.com>
Cc: Northern Plains Dance <dance@northernplainsdance.org>; blue63@westriv.com; -Grp-NDLA Senate <ndlasenate@nd.gov>; Dina Butcher
<dina.wtba@midconetwork.com>; 'hoanders@westriv.com' <hoanders@westriv.com>
Subject: RE: Join Us at Dance+

Senator Anderson et al,

I believe the Senate Ethics Committee members were unable to address what I would call micro issues because of the
limited time available and the limited time to understand the ramifications of Article XIV. The ways of addressing micro
issues included having an interim study and/or relying solely on the deliberations of Ethics Commission. The Ethics
Committee took the route of the Ethics Commission and that position is now confirmed by the full Senate by passage of
SB 2148. We can make that work and the decisions are prospective in application.

Further, not all issues we have before us are intrinsically evil or intrinsically good. I surmise that some, like the tickets,
depend not only on their description but also on the laws and rules in place at the moment a decision has to be made. I
note for example in the field of pharmacology some substances are legal some years and not legal in other years, an
ethical pharmacist takes into account the law in place at the time of the decision.

Senator Tim Mathern

Appropriations Committee
510 4th St S
Fargo ND 58103

From: Anderson, Jr., Howard C.

Sent: Tuesday, February 19, 2019 5:06 PM
To: Chaffee, Ellen <ellen.chaffee@gmail.com>
Cc: Northern Plains Dance <dance@northernplainsdance.org>; blue63@westriv.com; -Grp-NDLA Senate <ndlasenate@nd.gov>; Dina Butcher
<dina.wtba@midconetwork.com>; 'hoanders@westriv.com' <hoanders@westriv.com>
Subject: RE: Join Us at Dance+

Dear Dr. Chaffee and All:

This is a great conversation. One I tried to have in the committee hearings, but no one was willing to give specific examples.

I trust Ms. Heid will not mind helping us with the resolution of this question.

However, if something is to be unethical in two years then it is just as unethical now. Also since the two years is up on January 5, 2021 the legislature
will not be back before that and must get any guidelines in place in this session. Everyone wants to comply with the intent of Article XIV, even now, to
get ready for January 5, 2021.

As a member of the Senate Ethics Committee I want to practice and get feedback such as this for reference in this session.

Perhaps the five people on the ethics commission will get a clearer view than all of us (you and the legislature) have now.

SB 2148, as it left the Senate, says: "Gift" means any item, service, or thing of value not given in exchange for fair market
consideration including travel and recreation. "Gift" does not mean:
a. Purely informational material;
b. A campaign contribution; and
c. To advance opportunities for state residents to meet with public officials in
educational and social settings in the state, any item, service, or thing of value
given under conditions that do not raise ethical concerns as set forth in rules
adopted by the ethics commission.

Two free tickets to one of their performances certainly seems to fall under the above definition of “gift”.

Of course we would need to consider whether Ms. Heid is a Lobbyist under Article XIV and here again SB 2148 says:
"Lobbyist":
a. Means a person who, directly or indirectly:

(1) Attempts to secure the passage, amendment, or defeat of any legislation by

the legislative assembly;
(2) Attempts to secure the approval or veto of any legislation by the governor;
(3) Attempts to influence decisions regarding legislative matters made by the
legislative management or a legislative committee; or
(4) Attempts to influence decisions regarding official matters made by a public
a. official in the executive branch of state government.

The nonprofit Ms. Heid represents might just be trying to be nice to legislators. She also might be trying to show us the importance of the art of dance,
and perhaps influence legislation to make grants available for such worthwhile activities.

At a penalty of $5000 per ticket no legislator will want to take the risk. They would rather get it clear now than latter.

I want to thank Ms. Heid again for the invitation and for the opportunity to continue this discussion with her example. Everything is not as clear as we
would like it to be. One of my constituents who is on this conversation already said I should buy a ticket if I want to go.

Thanks for participating. I will certainly forward further examples such as the gift of a little roll of candy I received today, on my desk, from the
nonprofit BeSmartforKids.org asking to Join their Campaign to Reduce Child Gun Deaths. I also took TWO cups of coffee from the display the local
commerce [Including Washburn Economic Development] ( for you Greg) groups provided in the Great Hall today. They told us they did not do lunch in
deference to Article XIV. Also trying to get ready for two years from now.
And yes Dr. Chaffee, I know the rules and laws are not in effect yet, but the Senate has asked me to work on this for them because they want to get it
right, and they do not want to wait two years.

The people have spoken.

Sincerely,

Howard

Howard C. Anderson Jr., R.Ph.

District 8 Senator
2701 7th St NW
Turtle Lake ND 58575-9667
Home 701-448-2235
Cell 701-861-9749
Senate 701-328-3373
E mail hcanderson@nd.gov
Committees: Human Services and Political Subdivisions
Real Work e mail: ndboph@ndboard.pharmacy

From: Ellen Chaffee <ellen.chaffee@gmail.com>

Sent: Tuesday, February 19, 2019 3:16 PM
To: Anderson, Jr., Howard C. <hcanderson@nd.gov>
Cc: Northern Plains Dance <dance@northernplainsdance.org>; blue63@westriv.com; -Grp-NDLA Senate <ndlasenate@nd.gov>; Dina Butcher
<dina.wtba@midconetwork.com>
Subject: Re: Join Us at Dance+

CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know they are safe.

Dear Senator Anderson and Ms. Heid:

I must respectfully set the record straight regarding Senator Anderson's response to Ms. Heid's invitation. The gift prohibition in Article XIV does not
take effect until January 5, 2021. Nothing has changed and nothing will change in this regard until then. Even after that, it is entirely possible that this
kind of situation will be perfectly fine. The new Ethics Commission and the legislature are responsible for deciding such matters.

Senator Anderson is a member of the Senate Special Committee on Ethics that has been looking closely at these matters. He of all people should be
well aware that "we can no longer accept gifts" is patently false. I do hope that legislators who understand the law will accept your gracious invitation.

Sincerely,
Ellen Chaffee, Vice President
North Dakotans for Public Integrity

On Tue, Feb 19, 2019 at 2:25 PM Anderson, Jr., Howard C. <hcanderson@nd.gov> wrote:
Dear Hollis Mackintosh Heid:

Thank you for the invitation to attend one of your Northern Plains Dancer performances.

However, pursuant to the recently adopted Article XIV of the North Dakota Constitution we can no longer accept gifts and I must decline the
complimentary tickets.

Sincerely,

Howard

Howard C. Anderson Jr., R.Ph.

District 8 Senator
2701 7th St NW
Turtle Lake ND 58575-9667
 Home 701-448-2235
Cell 701-861-9749
Senate 701-328-3373
E mail hcanderson@nd.gov
Committees: Human Services and Political Subdivisions
Real Work e mail: ndboph@ndboard.pharmacy

From: Northern Plains Dance <dance@northernplainsdance.org>

Sent: Tuesday, February 19, 2019 1:50 PM
To: Anderson, Jr., Howard C. <hcanderson@nd.gov>
Subject: Join Us at Dance+

CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know they are safe.

Dear Senator Anderson,

You’re probably most familiar with our annual production of The Nutcracker, but we would love for you to experience our truly special production
of Dance+, this weekend only at the Belle. We love that we get to stage an entirely new production each year, mixing classical and contemporary
styles and collaborating with local artists to create pieces that are truly unique to our community.

Northern Plains Dance would like to offer you two (2) complimentary tickets to Dance+ so you and a guest can experience this one-of-a-kind event.

Our performances are this weekend the 22nd & 23rd; Friday at 7:30pm and Saturday at 2:30pm & 7:30pm. If you would like to join us, please let us
know which performance you would like to attend, and we will have tickets for you at will call.

Thank you for your support, and we can’t wait to share this extraordinary performance with you.

Hollis Mackintosh Heid |

Director | Northern Plains Dance
1125 E Main Ave | Bismarck ND 58501 | 701.530.0986 x 200
www.northernplainsdance.org | www.facebook.com/northernplainsdance