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Public commenter alleges oath irregularities; city attorney says video and records show 2022 oath was executed
Summary
A resident accused the city of failing to file or altering Commissioner Jason Frederick's 2022 oath of office; City Attorney Wenkel said the city located the 2022 oath and video showing Frederick executed it on June 28, 2022 and offered to consult the Attorney General and League of Cities to resolve the dispute.
A public comment exchange at the Dickinson City Commission's Dec. 17 meeting centered on allegations by resident Seth Helgason that Commissioner Jason Frederick's 2022 oath of office was not properly filed or was altered.
Helgason told the commission he had filed open-records requests beginning in August 2023 and said he had not received the 2022 oath form the city later identified. He raised statutory language and suggested the form lacked a notary, a proper filing stamp or the state seal. "Does Jason's oath of office have that at all?" Helgason asked, citing North Dakota Century Code provisions related to tampering with public records.
City Attorney Wenkel responded that after earlier open-records production staff had located Commissioner Frederick's 2022 oath and that the city also reviewed video footage showing the oath being executed on June 28, 2022. Wenkel said the city produced the records and video in supplemental records requests and offered to play the video for the commission. "Video evidence supports that Mister Frederick signed that back on June 28, 2022," Wenkel said in the meeting.
Commissioner Frederick and other commissioners characterized the dispute as clerical and said they believed the oath text satisfied state constitutional requirements. Frederick said the constitution prescribes required oath language and that the form itself is not necessarily the controlling requirement. Wenkel told the commission she would request guidance from the North Dakota Attorney General's Office and consult the League of Cities to resolve any outstanding procedural questions.
Mayor Decker also addressed the meeting and said the matter had consumed staff time; he rejected accusations that the document was forged. The mayor apologized to the public for the meeting's tenor and asked that formal complaints be taken to the appropriate authorities. The commission did not take formal action on the allegation during the meeting; Wenkel said she would pursue clarifying guidance externally.
What the city will do next: Wenkel said staff will request an opinion from the Attorney General's Office and communicate with the League of Cities to determine whether any further action is required; she also offered to provide the requested records and the video to the commenter.
