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Manager Lovas abstains after board finds conflict on NDDOT drainage request; board approves form with cover letter
Summary
Manager Jason Lovas disclosed and was found to have a direct and substantial pecuniary interest in an NDDOT Request for Drainage on Highway Right of Way and abstained; the board approved the request and authorized submission with a cover letter noting the district's limited jurisdiction.
Manager Jason Lovas submitted an NDDOT Request for Drainage on Highway Right of Way to perform maintenance and replace two damaged 30-inch culverts along North Dakota Highway 200 in the north half of Section 25, Hillsboro Township. The board conducted a conflict analysis under N.D. Cent. Code § 44-04-22, and counsel concluded Manager Lovas "clearly has a ‘direct and substantial personal and pecuniary interest’" in the matter; Managers Neset moved to conclude Lovas had a conflict and should not vote, the motion carried with Lovas abstaining.
After addressing the conflict, the board considered the substance of the request and approved the NDDOT Request for Drainage on Highway Right of Way submitted by Manager Lovas. The Board authorized Secretary-Treasurer Jessica Spaeth to sign and submit the approved form to NDDOT along with a cover letter explaining the District's limited jurisdiction regarding highway right-of-way drainage approvals.
