ND Rep. Emily O’Brien under review by Ethics Commission for using taxpayer money to benefit her company
North Dakota State Representative Emily O’Brien has recently been accused of using her elected office to the financial benefit of her employer, the Bioscience Association of North Dakota (BioND). Currently, she serves as the company’s Chief Operating Officer.
In the 2023 legislative session, O’Brien sponsored House Bill 1455. This legislation would grant tax exemptions for raw materials, single-use product contact systems, and reagents used for biologic manufacturing. According to an email crafted by State Representative and Citizens Alliance of North Dakota (CAND) Executive Director Brandon Prichard, the legislation would give a unique benefit to BioND. BioND serves as a recruitment and coordination tool for bioscience companies that currently operate in North Dakota, and potential investors that could bring bioscience operations to the state.
CAND received this complaint, which lists several violations of ND Century Code 12.1-13-02. This code bans public servants from obtaining a pecuniary interest in any property, transaction, or business that may be impacted by official action or information to which they have exclusive access in their role as a public servant.
Thus far, BioND has obtained $1,670,000 in funding from the State of North Dakota since 2019. O’Brien’s key votes on two legislative items have played a pivotal role in this funding. Prichard noted that these votes raise “questions about her impartiality and commitment to serving the public interest.”
It should be noted that O’Brien is the chair of the Legislative Audit and Fiscal Review Committee (LAFRC). Any ethics rules and conflict of interest rules go through her committee. In effect, Rep. O’Brien is in charge of the very rules she is violating.
Prichard concluded with the following statement about O’Brien’s behavior:
Rep. O’Brien’s actions represent a serious abuse of her legislative position. By prioritizing the interests of BioND over those of the citizens she was elected to serve, she has undermined the trust placed in her by her constituents and compromised the ethical standards expected of our public officials.
O’Brien has served as the representative of North Dakota State House District 42 since 2016. On June 11, 2024, District 42 voters will have the opportunity to relieve O’Brien of the burden of holding higher office during the Republican primaries. Doug Osowski and Sadie Hanson are also running for two available seats.
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