The House Judiciary Committee voted 8 to 6 to recommend a "do not pass" disposition for House Bill 1185 after extended discussion about an amendment that would broadly exempt employee performance and discipline records from public inspection.

Representative Vedder moved the do-not-pass motion, and Representative Christiansen seconded. The committee's vote followed concerns that the proposed amendment -- described in the hearing as coming from county and city interests and presented by staff including a reference to Stephanie Dasinger from county associations -- would apply statewide and could, in committee members' words, "lie in the face of the sunshine law." Critics said the change would create a sweeping exemption and could impede background checks and transparency for law enforcement and other public hires.

Under current law, the transcript records that personnel investigatory records that are closed during an inquiry are subject to a 75-day limit; the proposed amendment would have extended that period to 180 days and create a broader exemption for employee performance and discipline records except where records are part of an internal investigation under an enumerated subsection. A city manager who testified, as described in committee discussion, sought longer confidentiality while investigations were ongoing; committee members said he suggested records remain closed until an investigation concluded.

Committee members raised multiple objections. Representative Van Winkle and others said the amendment was "excessively broad" for solving what proponents described as a local issue in Minot involving merit-pay personnel files. Several members noted the amendment would affect all state employees, not just municipal employees, and the Association of Counties had flagged potential problems for law enforcement background checks. Representative Wolfe and others stressed that the public's "right to know" under the state sunshine provisions counseled against a blanket exemption.

Representative Vedder said, "I don't believe this bill is workable, so I'm gonna move for a do not pass." The do-not-pass motion carried 8 to 6. Representative Schneider was named bill carrier for the do-not-pass.

Why it matters: The committee rejected a broad change to the state's open-records regime that would have shifted how personnel files are treated across jurisdictions. Members framed the vote around the constitutional sunshine law and the potential unintended consequences for public accountability and background checks.

The committee recorded specific roll-call votes. The bill will not move forward from committee in its current form; committee members suggested proponents bring narrower, more targeted language if they wish to address the Minot issue in future legislation.