Taxpayers Feel Commissioner Had Conflict Of Interest With Gravel Purchases

With the belief that a county commissioner voted in favor of gravel purchases despite a potential conflict of interest, a small group of Roosevelt County taxpayers have presented documentation to area officials.

The information provided reflects that Roosevelt County Commissioner Duane Nygaard approved the county purchasing gravel from Co Pay Inc., even though Nygaard or his family members were involved with Co Pay Inc.

County commissioner Gary Macdonald said he was made aware of the concerns when he was asked to meet with the taxpayers at a local residence many months ago. He then turned the information over to the county attorney’s office. Macdonald says that he didn’t know Nygaard’s alleged involvement with Co Pay when commissioners approved payments to Co Pay for gravel.

County attorney Frank Piocos noted that he’s aware of the situation. If he determines that it’s warranted, he will turn the matter over to state investigators.

Nygaard told this newspaper that he did inform other commissioners about his family’s involvement with Co Pay. He said he even offered to take commissioners out to look at the property. He added that during his time on the commission he has been the commissioner most interested in matters involving gravel.

According to commissioners’ minutes, no discussion regarding Co Pay took place during public meetings. Nygaard said his comments to other commissioners about his family’s involvement didn’t occur during public meetings.

Darrell Synan, who was an appointed county commissioner back in 2016, remembers that Nygaard took him to the property on one occasion because Nygaard said his girlfriend at that time was considering purchasing the land. Synan didn’t realize that Nygaard’s children ever purchased the land.

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 Payden and Lindsay Nygaard, children of Duane Nygaard, on Sept. 28, 2015.

“She decided she didn’t want it and the kids had been buying some property,” Commissioner Nygaard said. “The kids bought it and it’s for their benefit.”

Payments from the county to Co Pay 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 Co Pay 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.

Nygaard admits better communication between commissioners and department heads is needed. He added that when commissioners attempted to hold department head meetings in the past, the meetings were poorly attended.

“It might be something that we need to push,” he said of such meetings.

He believes that it’s been a positive for the county to have a gravel pit at that location.

“It was convenient for the county,” Nygaard said.

According to corporation filings for Co Pay, Lafon Copenhaver was listed as president and Jan Bryan was listed as secretary/director in the 2017 annual report. Copenhaver and Bryan were listed as directors in the 2018 report, and Copenhaver was president and Bryan was a director in the 2019 report. Duane Nygaard was chairman of the board, Copenhaver was vice president and Bryan was a director in the 2020 report. Lindsay Nygaard was listed as an agent in the 2021 report.