Fargo Diversion Authority Violates Charter Joint Powers Agreement

When public entities join forces to work towards a common goal Joint Power Agreements (JPA) are the framework of rules presented to constituents to provide a sense of security that all members of the JPA will operate in an open, ethical and diligent manner.

These written JPA “assurances” are a fundamental part of the “trust” that we place in elected officials.

So “who” ultimately has oversight when multi-governmental JPA’s (comprised of hand picked “appointments”) are formed and potentially violate the very budget charter defining their powers to spend taxpayer dollars?

According to the Fargo Diversion Authorities own website www.fmdiversion.com the Limited Joint Powers Agreement (JPA) ARTICLE VIII (Article 8) states:

ARTICLE VIII
BUDGET

The Diversion Authority shall develop an initial proposed budget for the
planning design and development of the Project and for the Lobbyist and Project
Manager which shall not exceed the amounts set forth in the preceding paragraph
The proposed initial budget shall include all fees and expenses relating to the
planning design and development of the Project prior to the Project’s
authorization including fees associated with employing a Project Manager and
Lobbyist When the amounts initially approved by all members in above
paragraph are expended the Diversion Authority shall propose a new budget
which must be approved by all of the members through a vote of their
governing bodies.

The Limited Joint Powers Agreement (JPA) lists the following members:

1. Clay County MN
2. Moorhead MN
3. Cass County ND
4. Fargo ND
5. Cass County Joint Water Resource District
6. Buffalo Red River Watershed District

According to a September 18th, 2104 News article on www.fmdiversion.com:

The proposed budget will now be forwarded to Cass and Clay Counties, the Cities of
Fargo and Moorhead, the Cass County Joint Water Resources District, and the
Buffalo-Red River Watershed District for approval.

So why can’t any record of approval of the FY2015 budget be found from Clay county, Moorhead city council or the Buffalo-Red River Watershed District?

Have Kevin Campbell and Nancy Otto failed to represent their constituents and the state of Minnesota interests by failing to ensure the FY2015 budget be presented, discussed and either approved or denied?

As the Diversion Authority was forming the U.S. Army Corps of Engineers was very clear that if any entity did not confirm or approve future budgets, that essentially work would stop.

October 1st, 2014 is now 30 days past. That October date marked the beginning of the NEW federal fiscal year for the U.S. Army Corps of Engineers.

So it does beg the question, if half of the member entities listed in the Limited Joint Powers Agreement (JPA) have not approved the FY2015 budget, how is work to proceed?

As the only Minnesota representation seated on the Fargo Diversion Authority board, it appears that Kevin Campbell and Nancy Otto have let their constituents down again and provided another shining example of their failed leadership for allowing an egregious violation of the Limited Joint Powers Agreement (JPA) charter to occur.

Why would anyone re-elect a “leader” that is willing to secretly, unethically and in a dull manner – hand over nearly the same area of non-flood prone Minnesota territory that Fargo will gain from the project?

Is it “ethical” for Minnesota properties to be targeted for a staging and storage reservoir to handle relocated flood water to allow Fargo ND the opportunity to economically develop and expand into the last naturally flood prone flood plain south of Fargo?

Views: 237