VALLEY CITY, N.D. (NewsDakota.com) – The following is a response from Shane Anderson concerning a letter from Rep. Dwight Kiefert’s posted on NewsDakota.com on April 20th.
“I’d like to address censured District-24 Rep Dwight Kiefert’s recent letter “Setting the record straight”. Kiefert always has an excuse for not doing his job, can’t attend session because he might get sick (even though extensive safeguards were put in place), didn’t attend interim committee meeting because he was too busy. Doesn’t attend D-24 meetings and functions because some people there scare him. His excuse for being censured by a room full of D-24 Republicans; he inaccurately claimed his supporters were not allowed in, not true, anyone could attend, no one was denied entry.
Votes to continue the failed Common Core, bogusly claimed it was part of a larger school funding bill, it was not. Votes to expel a duly elected member of the house (Luke Simons) without following house rules and slanderously claimed that the member (Simons) was “sexually assaulting young women for the last four years”, there were no complaints or even accusations of sexual assault, Kiefert made it up!
Kiefert falsely claimed the reason for his horrid lifetime voting record was because he was sick for most of the 2019 session and “they (America Conservative Union) see that as unfavorable”. Fact is ACU didn’t count his 2019 session because he missed too many votes. He excuses his high tax and spending record by saying “you can’t vote no on everything”.
His excuse for being recalled, here again he erroneously claimed former D-24 Rep. Dan Johnston wanted his seat and was behind the recall. Mr. Johnston had nothing to do with the recall, nor did he circulate a recall petition and was not interested in running for his seat.”
Sincerely
Shane Anderson
Editors note, Shane Anderson was the recall chairman, who circulated a petition to recall Rep. Dwight Kiefert. The recall effort was suspended following the state legislatures redistricting of District 24 following the U.S. Census. The redistricting will require Kiefert and others to run in the upcoming primary on June 14th to determine who will be on the ballot in November 8th general election.
Below is the Dwight Kiefert letter posted April 20th on NewsDakota.com
The following is a statement from North Dakota Representative Dwight Kiefert concerning his health issues and his decision to participate remotely during the past Legislative Session.
“It has been brought to my attention that there is some inaccurate information being circulated regarding my decision to participate remotely during the 2021 Legislative Session. I am only sharing this so you can understand my decision.
Firstly, every legislator had the option to participate in person or remotely. If you tested positive for covid-19 you were required to participate remotely.
My decision to participate remotely was set in motion in December of 2018 when I was diagnosed with prostate cancer and was scheduled for surgery as soon as possible. This turned out to be the first week of the 2019 session. This typically is accomplished with just an overnight stay in the hospital. The day after surgery I developed a fever which was not a good sign. Apparently, they had perforated my colon during surgery which resulted in no food or water intake for close to two weeks and treated with antibiotics. It seemed to heal up and I was able to return to Bismarck and continue my responsibilities.
I also have been living with acute diverticulitis for more than thirty years which probably contributed to this issue. During the fall of 2019 I started getting sick, apparently the damaged bowel ruptured, and I was scheduled for emergency surgery. This surgery resulted with them attaching a colostomy bag. After several months they were going to remove the colostomy bag hoping it was healed up. Unfortunately, they ended up removing ten inches of my colon and attaching what is called an ileostomy bag on the opposite side of my stomach which I again wore for several months. We were now in the 2020 election cycle. They finally removed the ileostomy bag in the fall of 2020 and were able to reattach everything and thank God everything works again as normal. I was told by my doctor to do my best to avoid getting covid-19 because all the surgeries have left me with a very compromised immune system. To date everything seems to be going well.
It’s rather unfortunate that some would try to use my illness against me. During the 2021 session I attended every committee meeting, presented several bills, and voted on every bill. I appreciated the opportunity to participate remotely, for me it could have been a matter of life or death. I’m looking forward to continuing representing you in the future.”
Representative Dwight Kiefert
Below is a document of the complaint and investigation of former Rep. Luke Simons by the ND Legislative Council.
March 21, 2018
Staff meeting to discuss hostile workplace policy – discussed various inappropriate behavior by legislators.
After meeting, J visits with me to express concern that the example she cited at the meeting not be used as part of our training for legislators. We visited about that and other instances that she mentioned and appeared to come to the realization that behavior, as a whole, is “really creepy”. Since she is leaving for vacation in a few minutes, we agreed to continue the conversation when she returns.
She related the following incidents:
• The first time Rep. Luke Simons visited her office during the 2017 legislative session, he leaned over his desk and made a remark about her eyelashes being very beautiful sort of like his wife’s.
• At an interim Judiciary Committee hearing, Rep. Simons approached her while she was sitting in her chair and began to give her a shoulder massage.
• This week, Representative Simons called her regarding a work matter and proceeded to tell her a long story about shopping for thongs at Victoria’s Secret because that is what his wife like to wear. He apparently “jokingly” added that he wears thongs also. He told this story in the context that he was approached by mall security at a shopping center in Montana because he was carrying a weapon.
When J first brought up the second incident at a staff meeting, she indicated it was not a big deal because “she is a big girl and can handle that kind of stuff”. After bringing up the third incident at our staff meeting today, and further discussing the three incidents, she indicated the totality of the circumstances added up to inappropriate and really creepy behavior. When we began to discuss how we would proceed, she indicated she would like to discuss it further later rather than doing anything at this point. I offered to address the situation with Rep. Simons or bring it to the attention of Rep. Carlson, and
she asked me to wait. She further expressed concern regarding how she would be perceived if we addressed the situation. I assured her it was Rep. Simon’s behavior that was inappropriate, not her.
March 27, 2018
Stopped to visit and discuss her plan for “resolution”. She stated “when”, not “if”, it happens again, she intends to let Rep. Simons know his comments or actions are not appropriate and he should not do that again. She said that would be his one warning and “when” it happens again, she would file a formal complaint.
I reiterated our concern and support and asked her to keep me up to date on anything.
To: John Bjornson
From:
Date: November 15, 2018
On Tuesday, November 13, 2018, Representative Luke Simons visited my office. Upon entry I said “I apologize for the papers on my desk” and proceeded to clean them up. He said: “You always apologize. I recently attended a seminar on personalities and people watching, I notice you always say you have to clear your desk.”
I said: “We maintain attorney/client relationships with all legislators so it is important that I ensure everything is put away as necessary.”
During a discussion about Chapter 36-21.2 the following exchange occurred:
He said: “What does immune from liability mean, like if you were in a car accident and I came upon the scene and you were lying on the side of the road, if I took your shirt off to administer aid to a wound I wouldn’t be guilty of sexual harassment.”
I said: “That is an inappropriate example.”
He said: “Oh ya, I took it too far.”
The discussion continued relating to livestock:
He said: “The call was about a thoroughbred horse in the ditch, you know thoroughbreds, they just have that hungry look in their eye, like some women. Quarter horses are bred to be sweet and kind and made for the job, kind of like my wife, she is definitely like a quarter horse but she has a little thoroughbred in her. 11 He again said: “Sorry, I got off topic.”
The above exchange made me feel extremely uncomfortable. Moving forward I will no longer work with Representative Simons and the House Majority Leader will be made aware of the inappropriate behavior.
November 19, 2018
MEMORANDUM
TO: l
FROM: John Bjornson
RE: Representative Simons
This is a follow-up to our November 14, 2018, conversation and your written explanation of inappropriate comments by Representative Simons, which you submitted on November 15, 2018.
As you indicated in our conversation, you are choosing to not file a formal complaint under the North Dakota Legislative Assembly Policy Against Workplace Harassment. However, you have requested to not work with Representative Simons in the future. I support that request, and I have spoken with the House Majority Leader, Representative Pollert, regarding the behavior of Representative Simons and my intention to not allow Representative Simons to have any contact with you. Representative Pollert agreed and indicated he would be calling Representative Simons as soon as possible to reiterate his behavior has been inappropriate, instruct him to have no contact with you, and inform him any further inappropriate
conduct will result in a formal complaint.
I request you to inform me immediately if Representative Simons has any contact with you. Also, remember you have the right to file a formal complaint under the workplace harassment policy at any time you believe you have been subject to behavior in violation of that policy.
Bjornson, John D.
From:
Sent:
To:
Cc:
Subject:
John,
\
Thursday, March 14, 2019 3:43 PM
Bjornson, John D,
\
Rep. Simons
I wanted to let you know of Rep. Luke Simons’ recent visit to my office. He ask o see me about Senate Bill 2344.
She called me, and I said it was ok to send him back. I could not recall whether he was still restricted from visiting female
staff members. I asked my son to leave my office, but Rep. Simons introduced himself to my son before he was able to
leave. Rep. Simons then asked me for an explanation of the bill, and I walked him through it. He asked some questions
about the bill, but throughout the meeting, he made some disturbing comments. For example, at one point, he slid one
of his papers across my desk, told me the stain on it was chocolate ice cream, and told me I could “lick and sniff it”. At
another point, he told me “I don’t need laws because I follow the Bible” and then said “it would be really bad if [he] was
driving [his] car and ran over [my] son,” whom he had just met. I was very disturbed by the comment because it was
threatening and completely unrelated to anything we had discussed. I cannot imagine why he thought or mentioned it.
Later, as he asked questions, he told me I was “seeing the inner workings of [his] mind.” Although he called me “ma’am”
during the meeting, his tone and mannerisms indicated it was not genuine. I believe some of his comments may have
been intended to find out whether he could provoke a reaction from me.
Thank you,
1
‘ 1
From: Bjornson, John D.
Sent:
To:
Thursday, March 14, 2019 4:34 PM
Cc:
Subject:
( 7
RE: Rep. Simons
Thank you for your comments regarding your interaction with Rep. Simons. I will confirm with the administrative staff
that Rep. Simons may speak only with male staff members, except for female staff who have indicated they will speak
with him. Your name will not be on the approved list. I will discuss with the House Majority Leader our continued
concern with Rep. Simons failing to understand appropriate behavioral norms in the workplace and the fact the
Workplace Harassment Policy must be taken seriously ..
If Rep. Simons has any other contact with you which you consider to be inappropriate, I hope you will report it to me
immediately.
John
John Bjornson
Director
North Dakota Legislative Council
600 East Boulevard Avenue
Bismarck, ND 58505
701-328-2916
From:
Sent: Thursday, March 14, 2019 3:43 PM
To: Bjornson, John D.<jbjornson@nd.gov>
Cc:
Subject: Rep. Simons
John,
I wanted to let you know of Rep. Luke Simons’ recent visit to my office. He asked to see me about Senate Bill 2344.
She called me, and I said it was ok to send him back. I could not recall whether he was still restricted from visiting female
staff members. I asked my son to leave my office, but Rep. Simons introduced himself to my son before he was able to
leave. Rep. Simons then asked me for an explanation of the bill, and I walked him through it. He asked some questions
about the bill, but throughout the meeting, he made some disturbing comments. For example, at one point, he slid one
of his papers across my desk, told me the stain on it was chocolate ice cream, and told me I could “lick and sniff it”. At
another point, he told me “I don’t need laws because I follow the Bible” and then said “it would be really bad if [he] was
driving [his] car and ran over [my] son,” whom he had just met. I was very disturbed by the comment because it was
threatening and completely unrelated to anything we had discussed. I cannot imagine why he thought or mentioned it.
Later, as he asked questions, he told me I was “seeing the inner workings of [his] mind.” Although he called me “ma’am”
during the meeting, his tone and mannerisms indicated it was not genuine. I believe some of his comments may have
been intended to find out whether he could provoke a reaction from me.
Thank you,
1
2
March 19, 2019
In response to the report submitted by ~regarding inappropriate comments by Rep. Luke Simons (3-14-19 email), I spoke with Majority Leader Pollert on Friday, March 15. Rep. Pollert requested I meet with him and Assistant Majority Leader Louser, which we did on the afternoon of March 15. They indicated they would speak with Rep. Simons on Monday, March 18. When updating Rep. Louser on the incidents with Rep. Louser, Rep. Louser inquired whether she would have done
anything to give Rep. Simons the impression she would be interested in his advances. I responded that would be the last thing she would do and she has acted in a professional manner.
On March 18, at about 5:30 p.m. Rep. Polle rt and Rep. Louser visited with me in my office. They indicated they spoke with Rep. Simons and Rep. Simons confirmed he made the comment about licking and sniffing his paper. They also indicated the comment made by Rep. Simons in which he indicated it would be bad if he drove over son was made with respect to being subject to laws. I indicated the comment had no relevance to anything being discussed b d Rep. Simons, and even if Rep.
Simons thought he was being funny, the comment was inappropriate and consistent with strange comments he made to i a few months ago.
Although Rep. Poller! agreed the comments were inappropriate, Rep. Louser suggested Rep. Simons lacks social skills and doesn’t realize he can’t make comments like that. Again, I reiterated there is no excuse for the comments.
Rep. Louser indicated friends of Rep. Simons had suggested they were going to talk to me about the situation, but Rep. Polle rt and Rep. Louser told them not to do so. I indicated I would not discuss personnel matters with other legislators who are not involved or not in leadership.
The leaders indicated Rep. Simons and Rep. Louser would visit with me in the next day or two to further discuss the matter. They indicated Rep. Simons had suggested that I be present at any future meetings Rep. Simons has with female LC staff. I indicated I would consider it, but would prefer not doing so. (My impression is it suggests the female staff are not capable or have done something wrong.)
March 22, 2019
Rep. Louser and Rep. Simons met with me in my office. Rep. Simons was very upset and believes this is part of an effort to get him and it is the kind of thing that caused him to run for office – not being politically correct and fighting against overly sensitive people.
Rep. Louser tried to mediate and find a solution and suggested Rep. Simons and I meet again to discuss next week. Rep. Louser requested to meet witr because they have a good relationshi (to try understand the extent of the problem with Rep. Simons). I stated that would be fine i doesn’t mind. I also stated most women in the office want to avoid Rep. Simons.