North Dakota Tax Department: The Estranged Tax Commissioner, Ryan Rauschenberger

State of North Dakota
Office of State Tax Commissioner

Ryan Rauschenberger, Commissioner
September 11,2014
VIA Email:
northdecoder@gmail.com
Editor
northdecoder@gmail.com
RE: Open Records Request of Editor, northdecoder@gmail.com - September 8, 2014
Dear Editor:
This letter is the North Dakota Office of State Tax Commissioner's response to your open records request
under N.D.C.C. 44-04-17.1, et seq. Specifically, you requested "any records of communications to or
from anybody who works in the North Dakota Tax Department (including, but not limitedto, the Tax
Commissioner, the Deputy Tax Commissioner, and anybody else), relating in any way to the events
referenced in the following newspaper article: http://bismarcktribune.com/news/local/govt-and-
politics/rauschenberger-goes-on-leave/article a07de5fc-3449-l Ie4-91b5-001a4bcf887a.html. Please
include but do not limit your response to records relating to Mr. Rauschenberger's leave of absence,
present and/or past treatment, motor vehicle accident(s), relapse, communications with Odney
Advertising or any of its employees, media/blog contacts, and/or media/blog coverage. Please limit the
scope of this request to the date range of September 2, 2014, through September 8, 2014."
The documents responsive to your request are attached to this letter and to the email response to you from
Joe Morrissette, Deputy Tax Commissioner. Please note emails and text messages from private email
accounts and cell phone texts are included in the documents.
Furthermore, certain information in the documents has been redacted. Some redactions were made
because the records requested contain confidential tax information (see N.D.C.C. 44-04-18(1) and
N.D.C.C. Title 57), or was exempt under N.D.C.C. 44-04-18.21 as containing "the electronic mail
address or telephone number of an individual which [was] provided to [the Tax Department] for the
purpose of or in the course of communicating with [the Tax Department]." The identity of the individual
communicating with our office was not redacted. Additionally, in your request, you sought records
related to "present and/or past treatment" of the Tax Commissioner. N.D.C.C. 44-04-18.1 provides that
"any record of a public employee's medical treatment or use of an employee assistance program is not to
become part of that employee's personal record and is confidential and, except as otherwise provided by
law, may not be used or disclosed without the written authorization of the employee."
If you have any questions, please contact Joe Morrissette or me at 701.328.2777.
701.328.7088
Donnita A. Wald
General Counsel and
Special Assistant Attorney General
600 E. Boulevard Ave., Dept. 127, Bismarck, North Dakota 58505-0599
Fax: 701.328.3700 Hearing/Speech Impaired: 800.366.6888 www.nd.gov/tax taxinfo@nd.gov
Strombeck, Kathy L
From: Strombeck, Kathy L.
Sent: Wednesday, September 03, 2014 10:35 PM
To: Raab, Jen A.
Subject: Re: Just saw
Thank you Jen! We were happy for you that you weren't here! Ryan is doing ok but we are worriedabout the
fallout of course. He has chosen to make statements from campaign for now. Wemaytry to draft something
from himto staff thanking themfor their continued support andassuring themhe is still in charge andintends
to get well etc but no rush.... Enjoy the rest of your trip! I amtruly sorry this is happening so early in your
career with us....I feel bad for Ryan but also for you , Kim and Charles our new team members. I think it will all
work out and Ryan will be ok. He is not the first guy with this problem!! See you soon!
Sent from my iPhone
On Sep 3, 2014, at 4:46 PM, "Raab, Jen A." <iraab@nd.gov> wrote:
Hi from Vegas Kathy!
Just taking a break before heading in to see the shark exhibit at our hotel and I decide to take a
look at Facebook. I see the following article. I hope everythingis ok for Ryan and at the office.
Please let me know if there is anything I can do from here!
http://www.kxnet.com/story/26440546/north-dakota-tax-commissioner-says-he-is-seeking-
treatment-for-alcohol
Sent from my Verizon Wireless 4G LTE sinartplione
Morrissette, Joe R.
From: Brintnell, Peggy A.
Sent: Wednesday, September 03, 2014 2:57 PM
To: Morrissette, Joe R.
Subject: the latest --
http://www.inforum.com/content/rauschenberger-says-he-used-poor-iudgment-lending-suv-alleged-drunken-driver-
who-crashed-it
Peggy
Peggy Brintnell
Executive Assistant
North Dakota Office of State Tax Commissioner
600 E Boulevard Ave Dept 127
Bismarck, ND 58505-0599
Phone: 701-328-2771
Email: pabrintnell@nd.Rov
Morrissette, Joe R.
Sent: Wednesday, September 03, 2014 10:00 AM
Importance: High
http://savanvthingblog.com/entrv/ryan-rauschenberger-2/
Peggy
Peggy Brintnell
Executive Assistant
Phone: 701-328-2771
Email: pabrintnell@nd.Rov
Bowker, Lorie J.
From:
Sent:
To:
Subject:
All-
Bowker, Lorie J.
Wednesday, September 03, 2014 12:20 PM
Anderson, Donna M.; Banse, June; Berland, Brittany; Bowker, Lorie J.; Eggers, Mark H.;
Henke, Michelle M.; Jasper, Antonina F.; Montgomery, Liliya; Phelps, Liz A.; Reese, Bob
G.; Rostad, Aden W.; Schwark, Ashlee A.; Sellheim, Diane M.
Tax Commissioner
If you have not heard about it -1 wanted to let you know as I believe there should be a press release that - Ryan
Rauschenberger is seeking treatment for alcohol addiction.
That is all I know and I just learned about it myself.
Lorie
Morrissette, Joe R.
From: Morrissette, Joe R.
Sent: Thursday, September 04, 2014 12:28 PM
To: -Grp-TAX All Email Users; -Grp-TAX FAST
Subject: update for Department staff
To all staff,
As you are all aware from recent developments, the Commissioner has been seeking treatment for alcohol addiction. I
learned this morning that he will be out of the office receiving in-patient treatment and will be taking an unpaid leave of
absence during that time. He is seeking the best possible treatment and is confident in his recovery and return to work.
I want to thank all of you for the outstanding job you do...and ask you to continue carrying on the work of the
department during this time. Feel free to talk to me at any time with any concerns you have.
Below is Ryan's statement that was released to the media this morning:
After conferring withfriends andfamily, Ihave decided to take a temporary unpaid leave of absence effective today to
seek additional professional help. As Isaid before, I believe my prognosis is good and Iexpect to be back at workand on
the campaign trail injust afew weeks. Iam also confident that my management team and staff at the Tax Department
will continue to provide exceptional service to the people of North Dakota in my absence.
(he /R. TKwUMette. &P*
Deputy Tax Commissioner
701-328-3033
jrmorrissette(5)nd. gov
Morrissette, Joe R.
Sent: Thursday, September 04, 2014 11:55 AM
To: Strombeck, Kathy L; Brintnell, Peggy A.
This is the emailed statement from Ryan:
Statement of Ryan Rauschenberger
After conferring with friends and family, I have decided to take a temporary unpaid leave of absence effective today to
seek additional professional help. As I said before, I believe my prognosis is good and I expect to be back at work and on
the campaign trail in just a few weeks. I am also confident that my management team and staff at the Tax Department
will continue to provide exceptional service to the people of North Dakota in my absence.
Deputy Tax Commissioner
701-328-3033
jrmorrissette(5)nd.qov
Morrissette, Joe R.
To: ryan@knoxradio.com
Subject: Statement of Ryan Rauschenberger
After conferring with friends and family, I have decided to take a temporary unpaid leave of absence effective today to
seek additional professional help. As I said before, I believe my prognosis is good and I expect to be back at workand on
the campaign trail injust a fewweeks. I amalso confident that my management teamand staff at the Tax Department will
continue to provide exceptional service to the people of North Dakota in my absence.
Ryan,
Here is the statement. Please let me know if you need anything else.
Peggy Brintnell
Executive Assistant
Phone: 701-328-2771
Email: pabrintnell(5)nd.Rov
Morrissette, Joe R.
From: Sailer, Nancy I.
Subject: Ryan
Good job on the update. Just so you know Nick Smith is coming to look at Ryan's file around 1:00.
Nancy Sailer
HowloavKetourc&y Officer
Office/ ofState/ Ta#/ Commltei&vier
701-328-3463
Morrissette, Joe R.
To: Morrissette, Joe R.; Strombeck, Kathy L
Subject: recent articles
http://bismarcktribune.com/news/local/govt-and-politics/rauschenberger-to-take-leave/article a07de5fc-3449-lle4-
91b5-001a4bcf887a.html
http://savanvthingblog.com/entry/rauschenberger-taking-unpaid-leave-absence-get-alcohol-treatment/
http://www.kxnet.com/story/26440546/north-dakota-tax-commissioner-savs-he-is-seeking-treatment-for-alcohol
http://www.kfyrtv.com/story/26448714/rauschenberger-announces-leave-of-absence
Peggy
Peggy Brintnell
Executive Assistant
Phone: 701-328-2771
Email: pabrintnell@nd.gov
Strombeck, Kathy L
From: Raab, Jen A.
Sent: Friday, September 05, 2014 2:45 PM
To: Strombeck, Kathy L
Subject: Article
Kathy,
This is the article I was talking about that eluded to there being more:
http://savanvthingblog.com/entrv/rauschenberger-republicans-need-answer-democrat-questions/
Jen Raab
Public Information Officer
600 East Boulevard Avenue, Dept. 127
P: 701-328-3039
jraab@nd.qov
www.nd.qov/tax
Strombeck, Kathy L
From: Raab, Jen A.
Sent: Friday, September 05, 20148:30 PM
To: Morrissette, Joe R.; Strombeck, Kathy L
Subject: KFYR Story
They don't have the video posted online yet, but here is the story ifyou haven't seen it yet:
http://www.kfvrtv.com/storv/26461276/deputv-steps-up-for-tax-commissioner?config=H264
Sent from myVerizon Wireless 4GLTE smarrphone
The followingtext message was received by Darrell Engen, SalesTax Audit Supervisor, on his personal
cell phone from CoryFong. This is a reproduction of a pdf received from Mr. Engen, which is also being
provided.
Cory Fong: Howare you and the staff dealing with everything? Sure been thinking about everyone.
Darrell Engen: Oh boy tough situation. Everybody is hoping Ryan can get through this and get himself
better. Certainly lots of concerns about the election. Just hoping gets better and can weather the
storm.
Cory Fong: Yes. His first priority is getting well.
Wald, Dee A. __
rrom: Engen, Darrell R.
-ent: Tuesday, September 09, 2014 4:26 PM
To: Wald, Dee A.
Subject: Emailing: EmailFromCory
Attachments: EmailFromCory.pdf
Ican't print from my phone so Icopied from my text and saved them as PDF. When Icopied it did not copy phone
numbers.
Fwd:How are you and the staff dealing w/ everything? Sure been thinking about everyone.
Fwd:Oh boy tough situation. Everybody is hoping Ryan can get through this and get himself
better. Certainly lots of concerns about the election. Just hoping gets better and can weather the
storm.
Fwd.Yes. His first priorityis getting well.
Sailer, Nancy I.
From:
Sent:
To:
Subject:
Bob Christman <bobchristman@|
Saturday, September 06, 2014 1:19 PM
Sailer, Nancy I.
FW: Keeping Ryan in Our Thoughts
Keeping Ryan in Our Thoughts
We all wish Ryan the best as he seeks treatment for this disease. It takes courage
and strength to admit to having this problem and seeking help in dealing with it.
Ryan is a talented and capable individual who, like many of us, must face the
challenges life sometimes gives us.
Alcoholism affects more than 17 million people in the U.S. annually. By treating
alcoholism as a disease, and seeking and continuing treatment, as Ryan is, you
can recover.
We have always believed that Ryan is a very capable and talented individual.
Nothing that has happened has changed that opinion.
Ryan's qualifications and experience, including being one of few Tax
Commissioners to hold both an MBA and an accounting degree, and his track
record at the Tax Department and his leadership of the agency speak for
themselves.
Ryan was instrumental is guiding the agency through the past two legislative
sessions, as legislators can attest, and has led the agency in implementing new
on-line business tools all while processing record numbers of transactions.
Ryan has been a key figure in developing, implementing, and delivering well over
a $1 billion in broad-based property and income tax relief over the course of the 5
years he's been helping to lead the Tax Department. Just weeks ago, Ryan also
announced additional plans for sustaining and increasing property tax relief.
Our thoughts and prayers are with Ryan as he receives treatment. Millions of
Americans have successfully managed this disease and have returned to their
families and careers stronger than ever. We lookforward to having Ryan back on
the job very soon!
Click here to see a web copy of this emai
This email was sent to: bobchristman(
Click here to unsubscribe
Contact the NDGOP at info@ndgop.org.
North Dakota Republican Party, 1029 N. 5th St., Bismarck, ND58501, USA
W
[xj I This email is free from viruses and malware because avast! Antivirus protection is active.
The following conversations are exact transcriptions from texts made and received on the personal cell
phone owned by Kathryn Strombeck.
Personal text from (employee) Roxie Gabel to Kathryn Strombeck, Wed., Sept 2,10:50 AM
RG: "Lookatsayanthingblog. It explains a lot!"
KLS: "Can't get it from hospital. What's being said?"
RG: "Ryan's an alcoholic."
KLS: "Omg!!!!!!"
RG: "Some guy borrowed his vehicle and rolled it on the strip yesterday afternoon. When a reporter
questioned him he was slurring his words and she called him out on it."
KLS: "Wow!"
End of text stream
Official text from (employee) Jen Raab to Kathryn Strombeck, Sun., Sept. 7, 6:23 PM
JR: "Hey, Kathy, sorry to bug you on a Sunday but do you know when Ryan took office? Was it the
1st of the year or November 2013? This isabout a possible correction to rob port articleifit's the 1st of
the year. Would like to send him an email asap if there needs to be a correction"
KLS followed up with a telephone call discussing with Jen to wait on a correction until we can discuss
with (Deputy) Joe Morrissette on Monday.
Brintnell, Peggy A.
Sent: Tuesday, September 02, 2014 11:25 AM
To: Brintnell, Peggy A.
Subject: RE: Meetings
Let's move it to tomorrow. Glenda is working on a few glitches in the system...
Original Message
Subject: FW: Meetings
Can we move the budget meeting to tomorrow? Or do you want to meet withGlenda this afternoon and then again
tomorrow with Ryan if he is in then?
Original Message
.From: Ryan Rauschenberger ^KKtKBBSSM
To: Brintnell, Peggy A.
Subject: Meetings
Please move meetings to tomorrow
I have only one text message from Ryan's personal cell phone to my personal cell phone relating to an
absence from work. The message was received on Tuesday, September 2, 2014 at 3:03 PM and read as
follows:
"Hey Joe, sorry that I won't be in today. Thanks for everything"
Midcortfinenf
wmmmtBmmmmmaitHr mmmSummm
iH I Ni m Q ii p
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Date: Fri, 5 Sep 2014 17:54:24 +0000 [09/05/14 12:54:24 cot]
From: Cory Fong <cfong@Odney.com>
To: joem4tm^^^^^t/^ <joem<
Peggy Brintnell .\ iybrintnell@flgg0||pg^: <"peggybrintnell@J
kaylaeffert2@J^^Ofc<kaylaerferta@|^
kaylaeffertz@|||^^H^ <kaylaeffertz'
Subject: Suggested Talking Points re: Ryan Rauschenberger
Part(s): Download All Attachments (in .zip file) if]
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Agency/Joe Morrissette
Who is in charge? Is Ryan managing the agency? Who is managing the Tax Department?
Ryan remains committed tothe people of North Dakota in his role as TaxCommissioner.
As his Deputy, andwith the expert assistanceof the verycapable andtalentedstaff of the Tax Department, Iam
working hard everydaytoassist himinfulfilling hisduties as TaxCommissioner ensuring thattheTax Department
continues to do the exceptional work it is has become known for.
How muchworkhas Ryan missed overthe courseof the past several weeks and monthsdue to histreatment andhis
condition?
Ryan hasbeen outoftheoffice for periods of time for thein-patient and out-patient treatment hehasbeenseeking.
And forthat reasonhe has missed some of the meetings he wouldnormally have attended.
Outside of that and because of the nature of the office and duties of an elected official, not to mention the campaign,
it'svirtually impossible for us todetermine howmuch time Ryan hasbeen out of theoffice duetohisillness during
these pastseveral weeksandmonthsv. attending meetings, events, orcampaigning.
Howis the agency running? Are things going smoothly?
Absolutely. The agencyis running well and is on track for a very successful year and Ryanhas contributed tothat
success. For example:
o We just rolled out the agency's newon-line business tools, called TAP - TaxpayerAccess Point- that will
improve efficiency and provide exceptional, 24-7, customerserviceto taxpayers and businesses.
o This past income tax season, the Tax Department, seamlessly processed a record number of tax returns.
o We are in the final stages of finalizing the agencies budget for the 2015-17 Biennium, which will first be
considered by the Governor and ultimatelythe next legislative assembly.
o And, we are already knee-deep into preparing for the upcoming legislative session.
Our Legislative Teamhas been meeting regularly developing the agencies legislative agenda and the
team has been activelyassisting other agencies and stakeholders, like the Commerce Department
and EmPower North Dakota Commission, to develop and finalize its tax-related legislative
proposals.
Things are going extremelywell and we are on track for the year and for the busy legislativesession ahead.
Cory Fong
Public Affairs Senior Specialist - Government Relations/Lobbying
cfong@odney.com
office: 701.222.8721
cell: 701.226.7743
1400 W Century Ave
P.O. Box 2035
toll free: 888.500.8721
fax: 701.222.8172
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Date: Thu, 4 Sep 2014 16:50:37 +0000 [09/04/14 11:50:37COT]
From: Cory Fong <cfong@Qdney.com>
To: joem^j^fei* Wt$&!'TP <joem<
Peggy Brintnell (peggybrintnell@dffii^.^J <peggybrintnell@|
Subject: FW: Yesterday
Part(s): jg 2RR statement g-3.docx 14 KB
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Yesterday?s statements from Ryanand the State Party, 9/3.
Cory?
Cory Fong
PublicAffairs SeniorSpecialist ? Government Relations/Lobbying
cfong@odney.com
office: 701.222.8721
cell: 701.226.7743
1400 W Century Ave
P.O. Box 2035
toll free: 888.500.8721
fax:701.222.8172
From: Pat Finken
To: Cory Fong
Subject: Yesterday
Thanks,
Pat
Patrick Finken
President
Odney
Location Address
1400 West Century Ave.
Bismarck, ND58503
Mailing Address
Box 2035
Bismarck, ND58502
Office 701-222-8721
Cell 701-220-0797
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Earlier this year, Irecognized that Iwas having problems with alcohol and sought professional help at
Heartview. I have been receiving in-patient and out-patient treatment for the disease.
Yesterday, Ihad a relapse during which Ishowed poor judgment and lent my vehicle toan individual
whom Imet in treatment. Hewas later involved in a serious accident in Mandan. While Iwas not present
or involved in the accident, I am grateful that no one was injured in the crash.
While I have taken time out-of-the-office for treatment, I havemade every effort toensure Ifulfill the duties
of my officeand that the tax department continues to do exceptional work.
Iamcurrently working with my counselors toget back on track. Iamfirmly committed to doing everything
necessary to deal effectively withthis disease and I believe my prognosis is good. I will continue to serve
the peopleof North Dakota tothe best of my abilities andwill run a vigorous campaign for election this fall.
State Party Statement
Our hearts and prayers go out to Ryan as he seeks professional help for thisdisease. He is an incredibly
talented and capable individual who, likemanyof us, must face the challenges life sometimes gives us.
If asked about Ryan's future
We have always believed that Ryan is a very capable andtalented individual. Nothing that has happened
has changed that opinion.
Midcottfinsnr
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Date: Thu, 4 Sep 2014 16:47:30 +0000 [09/04/14 11:47:30COT]
From: Cory Fona<cfoncja)Odney. com>
T: J'oem^BHHHHBr<Joer
Peggy Brintnell (peggybrintnell@JMHBP) <peggybrintnell@|
Subject: FW: Ryan's Message
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From this morning, 9/4.
Cory?
Cory Fong
Public Affairs SeniorSpecialist ? Government Relations/Lobbying
cfong@odney.com
office: 701.222.S721
cell: 701.226.7743
1400 W Century Ave
P.O. Box 2035
toll free: 888.500.8721
fax: 701.222.8172
From: Pat Finken
To: Cory Fong
Subject: Ryan's Message
After conferring with friends and family, I have decided to take a temporary unpaid leave of absence effective
today to seek additional professional help. As I said before, I believe my prognosis is good and I expect to be
back at work and on the campaign trail injust a few weeks. I am also confident that my management team
and staff at the Tax Department will continue to provide exceptional service to the people of North Dakota in
my absence.
Thanks,
Pat
Patrick Finken
President
Odney
Location Address
1400 West Century Ave.
Bismarck, ND 58503
Mailing Address
Box 2035
Bismarck, ND 58502
Office 701-222-8721
Ceil 701-220-0797
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North Dakota Tax Department: The Estranged Tax Commissioner, Ryan Rauschenberger

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