November 10, 2010
Ripplinger
is the current HR Director for the City of Minot and was appointed to the WSI Board by
Governor Hoeven in 2004. Ripplinger
stated that she was unaware Long had taped their conversation about Long's
problems with Halvorson and felt that it was hurtful as she gave information
regarding her husband's health. She said
she had listened to that taped conversation just yesterday. She said that she'd asked Long whether he had
recorded everybody regarding the pre-investigation notifications because it's
important to treat everyone the same way, but if it were learned that he taped
only the only two African-Americans at WSI, it showed poor judgment. Bakke noted that within the conversation Long
had said that Halvorson was putting his career in jeopardy, was hostile,
intimidating, was invovled in stinky stuff, and needed to not be the CEO. He asked Ripplinger's reaction. She said that she felt Long was upset and had
a problem with Halvorson. Bakke asked
whether his comments suggested illegality or violations of the law. Ripplinger replied, no.
She
recalled Long did say he had filed a whistleblower complaint, that that came of
no surprise because he was having a one on one with Halvorson, felt that his
reprimand had not been deserved, and disagreed with Halvorson's management
style. Ripplinger felt that Halvorson's
reaction was appropriate as the taping of two African-Americans created another
issue WSI did not need.
Ripplinger
said Long needed to work it out with the CEO as that was his chain of command,
that she did not wish for him to upset the apple cart, meaning you go above
your boss' head as a last resort. She
said she did recommend Long talk with board chair Indvik because as he'd
already come to her she didn't think he should go to other board members, but
going to the chair would be appropriate.
Bakke
referred to Long's question as to whether he could trust Bob with this
information and she said Invik had never shown her a reason not to trust
him. She also said that from an HR
standpoint, Long having contacted her directly was insubordinate conduct. Bakke pointed out that Long had said, about
Halvorson, that he was outwardly hostile and sees me as a threat, and that he
went to Risk Management and filled out a report under the whistleblower
act. He asked Ripplinger if being openly
hostile is a basis for filing a whistleblower complaint. She replied, she did not think that was
illegal activity and also that as being seen as a threat was not a basis for a
whistleblower complaint.
Long
attorney Tom Tuntland then questioned Ripplinger. He established that when Long called her, it
was clear he was looking for advice from her because of her HR knowledge.
Ripplinger
said that the pre-investigation notification process was generally less formal
then what Long had done, but did concede that Long told her there had been
previous investigations of one of the subjects.
She said tape recording to protect oneself was legally correct.
With
regard to Halvorson's reprimand, a written reprimand would go into the
personnel file whereas an oral may not.
Tuntland
established that if a WSI executive who reported to the CEO was having
difficulty with the CEO there was no procedure in the employee handbook
regarding that. Ripplinger did say that
the executive would risk his job if he went over the CEO's head.
Tuntland: We had Blunt charged with crimes. If an executive suspects the CEO of criminal
activity, do they go to the board, the police, or what?
Ripplinger: If he's sure of his facts, he should go to
the chairman of the board.
Tuntland: But the board passed a resolution supporting Sandy, saying the
prosecution was political, right?
Ripplinger: Yes.
Tuntland: Without any investigation as to whether he
was guilty or innocent?
Ripplinger: Yes.
Tuntland
established there was a "no retaliation policy" against investigators
at WSI.
Ripplinger
stated she had never tape recorded anything, but was aware others do, and that
she was not aware that North Dakota
is a one person consent state until Long told her. She said she was aware the police would
record interviews.
Defense
attorney Bakke asked whether when tape recording is used the parties would be
so advised. She said that most people
did not know they could be recorded and she would be concerned about one sided
recording.
Attorney
Tuntland then clarified that the Minot
police have an interrogation room with a video camera, and that people are not
being told that they are being recorded.
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