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July 15, 2005, Fargo

State Board of Agricultural Research and Education
Minutes – July 15, 2005
Videoconference Meeting – Fargo, ND


The State Board of Agricultural Research and Education met via videoconference at 8:00 a.m. on July 15, 2005.  Members participating included: Ole Aarsvold, Bob Bahm, John Bollingberg, D.C. Coston, Jerry Doan, Jerry Effertz, Ed Goerger, Ken Grafton, Duane Hauck, Rodney Howe, Roger Johnson, Paul Langseth, and Larry Lee.

Chairman Jerry Effertz called the meeting to order and the minutes of the June 23 meeting were approved as distributed.

Duane Hauck noted the following:

  1. Searches for a new NW district director and an extension entomologist are nearing completion.
  2. Kathy Tweten held a Center for Community Vitality Advisory Board meeting recently and the group looked at a new 4-year plan.  She plans to invite SBARE participation in the future.
  3. Grant and Carson counties have extension agent vacancies and are exploring different staffing options.

Ken Grafton reported:

  1. Annual field days are in progress and have been successful.  Crops look very good in SW part of the state.
  2. Three new durum varieties and a hard red spring wheat variety have been released recently.
  3. The American Malting Barley Association and North Dakota Barley Council held an excellent field tour in western North Dakota.
  4. Things are going well with the fundraising efforts for the new building in Streeter.
  5. Jim Richardson resigned as soil science chair and Rod Lym has agreed to serve as interim.

D.C. Coston stated that he has been impressed with what he has observed here over the last 5-6 weeks and appreciates the warm welcome.  He has observed:

  1. Exciting innovations coming into the rural communities.
  2. Outstanding NDSU faculty and staff in spite of size – great quality and commitment to citizens.
  3. Ability to draw in resources to do traditional work allowed by appropriated funds.
  4. Outstanding facilities.
  5. Future will call for more work with each other so work is ready to be integrated by people being served, creating credibility.
  6. Wonderful relationships between NDSU and off-campus organizations.
  7. Need to find a way to carry innovations to enhance economics.

Jerry Effertz told board members that Larry Lee has agreed to represent SBARE on the Agronomy Seed Farm Council.  The council will meet July 22 in Casselton.

Effertz indicated that the updated contract for administration of the Agricultural Research Fund was sent to the Rural Electric Cooperatives recently and they agreed to proposed changes.

Ole Aarsvold reported that he talked to a staff member in the Attorney General’s office about SBARE’s concerns with interpretation of the law as it relates to changes in term limits.  It was suggested that the newly appointed board members resign and be reappointed to their terms.  Aarsvold followed up by contacting Laura Glatt in the University System Office.  She conferred with attorney, Pat Seaworth, who outlined his interpretation, stating that the law allows anyone serving a 5-year term to be eligible for reappointment to another 4-year term.  A copy of the email message from Seaworth is included with these minutes.

Jerry Doan stated that he did not feel that was the intent of the legislators who proposed the changes, although some longevity of members is important.

Chairman Effertz asked if it was still necessary to request an official attorney general’s opinion because the interpretation is not a legal opinion.

Jerry Doan made a motion that SBARE request an official opinion regarding term limits from the North Dakota Attorney General.  Larry Lee seconded the motion.  Paul Langseth stated it would be a good idea and he was strongly supportive of the motion, which passed unanimously.

Chairman Effertz recommended subcommittees as follows:

Executive Committee B current chair, vice chair and past chair

Livestock subcommittee B Bob Bahm, Jerry Doan and Rodney Howe (Howe will chair)

Crops subcommittee B Tom Borgen, Ed Goerger and Larry Lee (Goerger will chair)

Other subcommittee B John Bollingberg, Carol Goodman and Paul Langseth (Goodman will chair)

Effertz asked subcommittees to coordinate their meetings with Margaret Olson so others interested are made aware of meetings.

Roger Johnson told SBARE members that Secretary of Agriculture Johannes plans to be in Minot to talk about the upcoming farm bill and is looking for producer input.  Rodney Howe suggested that Jerry Effertz attend the forum and speak on behalf of SBARE and Effertz agreed to attend.

The next SBARE meeting will be held October 25 in Fargo in conjunction with the Fall Research Extension Conference.

Rodney Howe recommended a coordinated news update to SBARE members on a regular basis.

The meeting adjourned at 9:10 a.m.

Recorded by Margaret Olson


----- Original Message -----

From: "Pat Seaworth" <pat.seaworth@ndus.nodak.edu>
To: <oaarsvold@state.nd.us>; <ebba@srt.com>
Cc: <Rick.Johnson@ndsu.nodak.edu>; "Laura Glatt" <laura.glatt@ndus.nodak.edu>
Sent: Tuesday, July 12, 2005 11:19 AM
Subject: SBARE terms Representative Aarsvold and Chairman Effertz:

Laura Glatt asked me to reply to questions related to her by Representative Aarsvold concerning terms of SBARE members.  HB 1264, enacted by the 2005 Legislative Assembly, amends NDCC section 4-05.1-16 and changes the term of SBARE members from five to four years.  Also, language that now prohibits reappointment is revised to permit reappointment to a second term.  HB 1264 takes effect August 1, 2005.  I understand SBARE members at a recent meeting discussed whether two appointments just made for terms beginning July 1, 2005 could somehow be converted to four-year terms and whether current SBARE members serving five-year terms will be eligible for reappointment.

I've communicated with Rick Johnson, NDSU General Counsel, concerning these questions and we agree on this response. Under amendments to section 4-05.1-16 that take effect August 1, 2005, current SBARE members, including those members appointed to new terms beginning July 1, 2005, will be eligible for reappointment to a second term of four years.  The second sentence of amended subsection 3 of section 4-05.1-16 states "An individual may be reappointed to a second four-year term."  So, a member completing a first term after August 1, 2005 will be eligible for reappointment to a second term.  Appointments to a new term or reappointments made from now on will be to four-year terms.

We understand there has been discussion about somehow converting current five-year terms to four-year terms, perhaps by having the two new members resign followed by reappointment after August 1. We don't know of a way to convert current five-year terms to four-year terms prior to the end of the terms.  If a current member resigns, there will be a vacancy in a five-year term.  This will be the case even if a member resigns after August 1.  HB 1264 is not retroactive and does not reduce the terms of members appointed prior to August 1.  A resignation from a five-year term after August 1 will not convert that term to one of four years.  A resignation would create a vacancy in a five-year term and the person appointed to fill the vacancy would serve the remainder of the five-year term.  SBARE terms will be converted from five to four years as members complete their terms and they are reappointed to a second term or new members are appointed.

Don't hesitate to contact me or Mr. Johnson if you have other questions.

Pat Seaworth
General Counsel/Executive Secretary
North Dakota University System
600 E Boulevard Ave Dept 215
Bismarck ND 58505-0230
(701) 328-4169 (701) 328-2961
pat.seaworth@ndus.nodak.edu


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North Dakota State University, Morrill Hall 314, Box 5562, Fargo, North Dakota 58105-5562, PHONE: (701)231-7656

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