Bismarck filmmaker Matt Fern speaks during a news conference Nov. 28, 2023, at the Capitol. Fern has filed an ethics complaint against Bismarck filmmaker Dan Bielinski. (Photo courtesy of Dave Thompson/Prairie Public)
The North Dakota Ethics Commission is investigating whether a Bismarck filmmaker broke lobbying rules before securing grant money from the North Dakota Department of Commerce.
The complaint alleges that Daniel Bielinski, founder of Canticle Productions, acted as an unregistered lobbyist when he hosted Sen. Brad Bekkedahl, R-Williston, at a screening of his film “End of the Rope.”
The complaint was filed by Matt Fern, also a Bismarck filmmaker, in February.
“I want people to know what happened,” Fern told the North Dakota Monitor.
Bielinski did not return phone calls or emails seeking comment by publication.
The complaint also notes that, on April 29, 2023, Bekkedahl alluded on the Senate floor that a $600,000 grant included in the Department of Commerce’s budget bill was intended to go to Canticle Productions. Bekkedahl did not mention the company by name.
“There’s added funding for a motion picture production and recruitment grant to a production company for another motion picture that’s being made in North Dakota,” he told fellow lawmakers during a presentation of the bill. “Many of the productions from this company have been North Dakota-centrist productions, and this is another one they are bringing online.”
Bekkedahl said Thursday he was merely explaining the changes to the bill to the rest of the chamber. He wasn’t responsible for adding the motion picture grant to the budget, he said.
“It was my job as the chair of the Senate Appropriations Committee to bring that bill to the floor of the Senate on the final day of the session and explain all the 63 amendments that were placed into that bill,” he said.
He said he did attend a screening of the film for the legislative assembly , but only because other lawmakers asked him to tag along.
Fern’s complaint claims there was a VIP dinner and showing of “End of the Rope” in Williston on April 14, 2023. It was not clear who was at the dinner and film screening in Williston.
“I can tell you that I never had a private dinner with this Daniel Bielinski person,” Bekkedahl told the North Dakota Monitor.
Legislative Council records suggest that lawmakers wanted the grant to go to Canticle Productions.
A summary of the 2023-2025 Department of Commerce budget states that the $600,000 grant “Adds funding for a motion picture production and recruitment grant to be provided directly to Canticle Productions.”
It’s not clear who originally introduced the amendment to the budget bill setting aside funding for the grant.
The Department of Commerce budget was signed into law by Gov. Doug Burgum on May 18, 2023.
After a 10-day application window in July, the Department of Commerce awarded the full $600,000 grant to Canticle Productions.
A recent report by the Auditor’s Office noted that this application period was much shorter than normal for the Department of Commerce, which may have harmed the ability of other companies to compete for the award. The agency, in a statement included in the report, disagreed with that conclusion.
That August, Fern and two dozen other North Dakota filmmakers sent a letter to Burgum criticizing the Legislature and Department of Commerce’s handling of the grants. The letter questioned whether Canticle Productions had received special treatment from the state government.
Department of Commerce communications manager Kim Schmidt later told Rob Port , an opinion columnist for The Forum of Fargo-Moorhead, that regardless of lawmakers’ intent the bidding process was authentic and not fixed in Canticle’s favor.
Bielinski received another $100,000 film grant from the agency in 2021. That grant was not open for a public bid.
Ethics Commission staff began officially investigating the complaint earlier this month, according to a letter obtained by the North Dakota Monitor. Ethics complaints are confidential unless a complaint is found substantiated and the accused has an opportunity to appeal the decision.
“Many of us in the North Dakota film community are shocked at the lack of transparency we’ve seen over the past few years,” Fern said in a Wednesday announcement about the complaint. “We’re relieved that the North Dakota Ethics Commission and Auditor are asking deeper questions about how film and TV grant funds are awarded and hope that the result will be more opportunity for the many talented filmmakers in North Dakota.”
Fern said he met with representatives from the governor’s office and Department of Commerce on Monday to discuss the grants.
Mike Nowatzki, spokesperson for the governor’s office, said in an email that the purpose of the meeting was “to ensure an open dialogue and discuss potential ways to improve the process for awarding future grant funding should it become available.”
“The state also expressed an eagerness to hear filmmakers’ ideas for growing the film industry in North Dakota,” Nowatzki added. He said the meeting was scheduled three weeks prior.
The Department of Commerce did not respond to a request for comment by publication time.
Correction: This story was updated on Aug. 23 to reflect that filmmaker Matt Fern did not intend to allege in his complaint that Sen. Brad Bekkedahl attended a private dinner.
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