Technical Dispute Review Board finalized; independent counsel proposed to advise on open‑meetings compliance

The Metro Flood Diversion Authority updated members on formation of the Technical Dispute Review Board and steps to ensure the panel can get independent open‑meetings advice.

“We're in the process of finalizing the formation of the technical dispute review board,” John Shockley, general counsel, told the board, noting the authority had appointed Chris Kane and the developer had appointed Randall Hafner, with Joseph El Argo serving as chair.

Shockley said the TDRB will hear disputes between the authority and the developer, and that confidentiality practices common to industry dispute boards presented a challenge for the authority’s counsel’s dual role. “We are proposing that Mr. Howard Swanson, used to be the Grand Forks City Attorney, will be retained as an independent counsel to the technical dispute review board for the sole purpose of assisting them with open meetings compliance,” Shockley said, adding that the agreement with Swanson was being finalized with the developer and the TDRB members.

Decision vs. discussion: Shockley said the TDRB agreement had already been approved as part of the meeting’s consent agenda; the proposed retention of Swanson is being finalized and will appear for approval in a later meeting when agreements are completed.

No formal disputes were presented to the board during this meeting. Shockley said the independent counsel arrangement is intended to avoid ex parte conflicts between the authority’s advocacy role and impartial advice to the TDRB.

The authority will return with the Swanson engagement for formal action once negotiations with the developer and the TDRB members are complete.