Gravel Purchase Complaint Forwarded To Attorney General

Roosevelt County Attorney Frank Piocos has announced that the formal complaint concerning Roosevelt County Commissioner Duane Nygaard’s handing of county purchases has been forwarded to the Montana Attorney General’s office for its review.

Piocos attached this newspaper’s article titled Taxpayers Feel Commissioner Had Conflict Of Interest With Gravel Purchases with his letter.

Piocos wrote that although a viable violation of official misconduct could be made, the one-year statute of limitations has passed. Therefore, he decided not to commence an action as said action would be time barred by the statue of limitations.

“In writing this letter, I am reminded that politicians are as popular as lice, colonoscopies and Nickelback. Taxpayers and voters should have trust in their political institutions, including local government,” Piocos wrote. “As is often said, ‘Sunlight is the best disinfectant.’ A saying upon which I wholeheartedly agree. To avoid even the appearance of impropriety of a conflict of interest, I am referring this complaint in accordance with 7-4-2718, MCA to your office for further review.”

The Montana Attorney General’s office reports that Department of Criminal Investigations has the case and will look work on the matter when its caseload allows.

The information provided by a group of area taxpayers reflects that Nygaard approved the county purchasing gravel from CoPay Inc., even though Nygaard or his family members were involved with CoPay Inc.

According to the information researched by the taxpayers based on county records, a friend of Nygaard’s obtained the warranty deed for lot S3 T27N R47E SE 1/4 on Sept. 15, 2015. The document was not recorded in the clerk and recorder’s office until July 3, 2019. On Sept. 16, 2015, an agreement to sell gravel was signed by her and the county’s road foreman Ken Norgaard. The agreement included a lease for a minimum of three years. The county approved a check for $25,000 to her in December 2015. She then sold the warranty deed to the children of Duane Nygaard, on Sept. 28, 2015.

Payments from the county to CoPay have included $25,000 on Nov. 25, 2016; $31,212.50 on March 26, 2017; and $27,695 on June 23, 2017. The June 23, 2017, check was deposited and endorsed by Duane Nygaard. There was a $25,000 check to CoPay on March 21, 2019. That check was also deposited and endorsed by Duane Nygaard.

Of those four checks, Nygaard was one of the commissioners who signed off on the claim on three of the checks. He said he regrets signing those claims, but he explained that commissioners stamp a large amount of claims every month and don’t always review each one. When projects cost less than $80,000, department heads don’t need commissioners’ approval as long as the funds are in the department’s budget based on state law.