Resolutions Concerning Director Crystal Hendrickson

May 23, 2024

1. Reolution of Censure of Director Crystal Hendrickson

WHEREAS, North Prairie Regional Water District (NPRWD) is a political subdivision of the State of North Dakota;

WHEREAS, NPRWD is governed by a Board of Directors which is granted authority under N.D.C.C. § 61-35-12 concerning the operation of the District. The District’s Bylaws also authorize the Board to exercise all the powers of the District without prejudice or limitation upon their general powers, unless restricted by the Bylaws or other state law;

WHEREAS, the District’s Bylaws also authorize the Board to “adopt rules and regulations for the conduct of the business affairs of the District . . . as long as the rules and regulations are not contrary to State or federal law or regulation or the bylaws of the District.” Section 13.1, North Prairie Regional Water District By-Laws.

WHEREAS, “Members of the North Prairie Regional Water District Board of Directors owe a fiduciary duty to the District, similar to the duties owed by a corporate director to a Corporation. See N.D.A.G. 99-L-38.

WHEREAS, the District has adopted rules and policies concerning the District’s Board of Directors including Director Code of Conduct and NPRWD General Policy 1.1A concerning Board access to information and staff;

WHEREAS, Director Crystal Hendrickson was elected to the Board on April 3, 2023;

WHEREAS, Director Hendrickson has refused to execute the District’s Director Code of Conduct which, among other things, requires Directors to: exercise honesty in all written and interpersonal interaction with District Directors, staff, and the public; respect decisions of the full Board, even if the Director was in the minority on a Board vote; make a reasonable effort to protect the integrity and promote the positive image of the District, its staff, and Directors; comply with all bylaws and policies relating to Director conduct; and to not disclose the confidential financial, personnel, and other matters concerning the District.

WHEREAS, Since April 3, 2023, Director Hendrickson has made excessive records requests or requests for information to the District and/or to the District’s vendors, including its attorneys. These requests are summarized in Exhibit A, attached;

WHEREAS, On December 14, 2023, Director Hendrickson made an in-person request to review NPRWD records. NPRWD staff explained that they could not immediately provide Director Hendrickson with access to records until the Board President or General Manager reviewed the requests. Director Hendrickson refused to accept what the office staff explained and threatened that she would involve the Ward County Sheriff. The interaction is documented in Exhibit B, attached;

WHEREAS, On December 19, 2023, Director Hendrickson emailed a records request to the District’s General Manager requesting access to records including the ability to review certain “project binders” maintained by the District. The District informed Director Hendrickson 1) that her request needed to be more specific; 2) that the District was unable to immediately accommodate her access to the “binders”, and 3) that the General Manager who needed to approve her access would be out of the office until early afternoon on December 20, 2023. Director Hendrickson nonetheless visited the office at 11:19 a.m. on December 20, 2023, demanded immediate access to the records, and when access was not immediately provided, she called the Minot Police Department. After a Minot Police Officer arrived, Director Hendrickson requested the officer assist her in obtaining access to the records. He refused. This interaction is documented in Exhibit B, attached;

WHEREAS, Director Hendrickson has requested the District provide to her copies of certain Verizon Wireless billing statements. The District referred the request to the District’s attorney. Counsel informed Director Hendrickson that her request was under legal review, that counsel was working on an opinion concerning her request, and that when the opinion was completed it would be provided to her. Subsequently, Director Hendrickson made additional demands for the records, seeking to bypass counsel’s review. On May 3, 2024, Director Hendrickson contacted Verizon Wireless and falsely represented to Verizon Wireless that she was a District employee with a right to receive the District’s records directly from Verizon Wireless. Verizon Wireless contacted the District to confirm Director Hendrickson was entitled to the records and the District denied her access. A summary of this incident is attached as Exhibit C.

WHEREAS, The Board adopted Policy Number Policy 1.1A which establishes “a policy for Board Member communications with the District’s General Manager and staff concerning information requested by Board Members. Director Hendrickson has violated Policy Number 1.1A by communicating with the District’s General Manager, staff, and vendors in a manner and with such frequency so as to cause disruption to the operations of the District. See Exhibit A.

WHEREAS, when Director Hendrickson has had concerns about her access to records or other issues related to her service on the Board, Director Hendrickson has either not brought her concerns to the Board for its review or has ignored the Board’s decision and then sought intervention by the North Dakota Attorney General. Director Hendrickson’s actions have increased the District’s legal expense and caused disruptions in the District’s operations.

WHEREAS, Director Hendrickson maintains and regularly makes posts to a Facebook page: Crystal Hendrickson North Prairie Water Watchdog. The Facebook page includes the following description: “For people interested in the keeping an eye on the local government of North Prairie Regional Water District.” Director Hendrickson’s postings on Water Watchdog include postings by Director Hendrickson which violate the District’s rules and policies, including the District’s Director’s Code of Conduct. Director Hendrickson also posts information concerning the District which is not accurate;

WHEREAS, Director Hendrickson has a duty to support the decisions of the District’s Board of Directors, including those decisions she disagrees with. Director Hendrickson has breached this duty on multiple occasions.

WHEREAS, Director Hendrickson refuses to accept the legal opinions provided by the District’s legal counsel and adopted by the Board;

WHEREAS, The Board voted to recommend to the District’s Participating Members that the Participating Members approve recommended changes to the District’s Bylaws. Director Hendrickson opposes the Board’s recommendations and is “rallying supporters to shut down the proposed bylaw changes.” (Email from Director Hendrickson to North Dakota Attorney General dated 4/30/24);

WHEREAS, The District’s Bylaws do not allow nominations for positions on the Board from the floor at the District’s annual meeting. North Dakota law and the District’s Bylaws allow the Board to adopt rules governing the annual meeting and the Board has adopted rules for the 2024 annual meeting. On her Facebook page, under the heading “Deceit and Lies”, which references the Board, Director Hendrickson provides inaccurate and misleading information to the public including: falsely claiming the Board “decided that only 2 names will be on the ballot;” indicating the rules adopted by the Board are subject to vote by the members (“These rules need to be REJECTED by the voters at the annual meeting”); claiming the members have the ability to vote for write-in candidates: (“Write-in voting is allowed and counted in every other election in ND. ND Century Code . . . says such votes must be counted . . .”); and falsely claiming the members have the ability to change the rules adopted by the Board at the annual meeting (“The majority in attendance at the June 4 meeting will decide if we will give our rights away to the existing leadership, who will control what we are allowed to vote on and who is on the board.”).

WHEREAS, Director Hendrickson’s wrongful actions have resulted in lost staff time and additional legal fees to the District and have disrupted the District’s essential functions;

WHEREAS, Director Hendrickson’s actions are a breach of her duties to the District and violate the District’s Director Code of Conduct. Director Hendrickson has: failed to exercise honesty in all written and interpersonal interaction with District Directors; failed to demonstrate respect for the opinions of others; failed to focus on issues rather than on personalities; failed to respect decisions of the full Board, even if the Director was in the minority on a Board vote; failed to not personally disparage District Directors or staff; violated the prohibition on video or audio taping any part of the Board meeting, or publicly quoting other Directors outside of Board meetings; failed to protect the integrity and promote the positive image of the District, its staff, and Directors; and failed to comply with all bylaws and policies relating to Director conduct.

THEREFORE, it is resolved; the Board of the NPRWD hereby publicly censures Director Crystal Hendrickson for her misconduct.

CERTIFICATE

The undersigned, Secretary of North Prairie Regional Water District hereby certifies that: (a) the Board of Directors of North Prairie Regional Water District , at a meeting duly called, noticed, convened and held on the 22nd day of May 2024, did adopt the foregoing resolutions in; (b) all approvals and authorizations required to effect the foregoing resolutions have been obtained and remain in full force and effect; and (c) said resolutions are in full force and effect on the date hereof and have not been revoked or amended in any way.

Dated this ____22nd__ day of May, 2024.

By: Secretary Tara Shannon:

2. Resolution of North Prairie Regional Water District Limiting Director Crystal Hendrickson’s Access To The District’s Records and Staff

WHEREAS, North Prairie Regional Water District (NPRWD) is a political subdivision of the State of North Dakota;

WHEREAS, Director Crystal Hendrickson was elected to the Board on April 3, 2023;

WHEREAS, Director Hendrickson has violated the Policy Number 1.1A by communicating with the District’s General Manager, staff, and vendors in a manner and with such frequency so as to cause disruption to the operations of the District. See Exhibit A.

WHEREAS, when Director Hendrickson has had concerns about her access to records or other issues related to her service on the Board, Director Hendrickson has either not brought her concerns to the Board or has ignored the Board’s decision and then sought intervention by the North Dakota Attorney General. Director Hendrickson’s actions have increased the District’s legal expense and caused disruptions in the District’s operations.

WHEREAS, based on Director Hendrickson’s actions, the Board does not believe she is fulfilling her duties to the District in good faith and the Board does not trust Director Hendrickson will follow Board policy concerning not disclosing the Board’s confidential information.

WHEREAS, The Board specifically finds that Director Hendrickson’s lack of conformity to the District’s policies has disrupted and will continue to disrupt the essential functions of the District;

THEREFORE, it is resolved; the Board of the NPRWD hereby directs NPRWD’s General Manager to refuse to provide Director Hendrickson access to the General Manager and/or the District’s staff to obtain information and directs that the General Manager is not to provide to Director Hendrickson documents and records unless they are being provided to the entire Board or such access or request for information is approved by the Board of Directors.

IT IS FURTHER RESOLVED, This Resolution shall be effective until it is rescinded or otherwise modified by the Board of Directors.

CERTIFICATE

Dated this __22nd____ day of May, 2024.

By: Secretary Tara Shannon:

3. Resolution of North Prairie Regional Water District Limiting Director Crystal Hendrickson’s Access To Open Records Under N.D.C.C. § 44-04-18(13)

WHEREAS, North Prairie Regional Water District (NPRWD) is a political subdivision of the State of North Dakota;

WHEREAS, NPRWD is subject to North Dakota’s open records laws;

WHEREAS, NPRWD has nine employees, but only three employees regularly work in NPRWD’s office: the General Manager, Office Manager and Administrative Assistant;

WHEREAS, Open record requests received by NPRWD are reviewed by the General Manager who then works with office staff and the District’s legal counsel to respond to the request and provide responses;

WHEREAS, Director Crystal Hendrickson is a member of the District’s Board of Directors. Director Hendrickson was elected to the Board on April 3, 2023.

WHEREAS, Since February 17, 2021, Director Hendrickson has made excessive open records requests or requests for information to the District and/or to the District’s vendors, including its attorneys. These requests are summarized in Exhibit A, attached;

WHERAS, On December 19, 2023, Director Hendrickson emailed a records request to the District’s General Manager requesting access to records including the ability to review certain “project binders” maintained by the District. The District informed Director Hendrickson 1) that her request needed to be more specific; 2) that the District was unable to immediately accommodate her access to the “binders”, and 3) that the General Manager who needed to approve her access would be out of the office until early afternoon on December 20, 2023. Director Hendrickson nonetheless visited the office at 11:19 a.m. on December 20, 2023, demanded immediate access to the records, and when access was not immediately provided, she called the Minot Police Department. After a Minot Police Officer arrived, Director Hendrickson requested the officer assist her in obtaining access to the records. He refused. This interaction is documented in Exhibit B, attached;

WHEREAS, Section 44-04-18(13), N.D.C.C., provides:

If repeated requests for records disrupt other essential functions of the public entity, the public entity may refuse to permit inspection of the records, or provide copies of the records. A public entity refusing to provide access or copies of public records under this section shall state in writing the reasons supporting the refusal and provide the reasoning to the requester. The requester may seek an attorney general's opinion under section 44-04-21.1, on whether the public entity's decision was proper.

WHEREAS, Director Hendrickson’s repeated requests for records, and her actions surrounding her requests for records, as outlined above, have disrupted and will continue to disrupt other essential functions of NPRWD, including its office staff;

Therefore, it is RESOLVED; the Board of the NPRWD hereby directs NPRWD’s General Manager to refuse to permit Director Hendrickson to inspect the District’s open records and/or to provide copies of the District’s open records as authorized by N.D.C.C. § 44-04-18(13).

IT IS FURTHER RESOLVED, This Resolution shall be effective for one year unless earlier dissolved by the Board of Directors.

CERTIFICATE

Dated this ___22nd___ day of May, 2024.

By: Secretary Tara Shannon:

Supporting Documents to Resolutions Exhibit B

Supporting Documents to Resolutions Exhibit C

Supporting Documents to Resolutions Exhibit A

**If want copies please call the NPRWD office 701.852.1886.