North Dakota Attorney General Opinions

STA TE O F NOR TH DAKO TA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL Mr. Joshua C. Gallion State Auditor Office of the State Auditor 600 E. Boulevard Ave. Dept. 117 Bismarck, ND 58505 State Auditor Gallion: www. atto rneyge ne r a I . nd. gov (701) 328-2210 LETTER OPINION 2026-L-01 Thank you for your letter asking whether North Dakota Century Code, N.D.C.C. § 54-10-22.1, authorizes the State Auditor and the Auditor's employees to conduct an audit of the North Dakota Protection and Advocacy Project (P&A) even when the age

Drew H. Wrigley ATTO RNEY GENER AL DATE ISSUED: ISSUED TO: STA TE O F N O RTH DA KOT A OFFICE OF ATTORNEY GENERAL www. atto r n eyg e nera I. n d . gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2026-0-06 February 27, 2026 Morton County CITIZEN'S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Morton County violated N.D.C.C. § 44-04-18 by failing or refusing to provide records. FACTS PRESENTED On June 28, 2023 , Karen Jordan emailed the Morton County Auditor, requesting t

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED : ISSUED TO: STA TE O F NORT H D AK OT A OFFICE OF ATTORNEY GENERAL w ww.atto rn eygeneral. nd . g ov (701) 328 - 2210 OPEN RECORDS AND MEETINGS OPINION 2026-0-05 February 27, 2026 Mandan City Commission CITIZEN'S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Mandan City Commission failed to properly notice a special meeting in violation of N.D.C.C. § 44-04-20. FACTS PRESENTED Residents of the City of Ma

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE O F N OR TH D AKO TA OFFICE OF ATTORNEY GENERAL www. at t or n eyge ne r a I. nd . go v (70 1) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2026-0-04 January 30, 2026 Department of Health and Human Services CITIZEN'S REQUEST FOR OPINION Sheri McMahon requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Department of Health and Human Services failed to provide records transmitted from the Department of Health and Human Services to

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2026-O-03 DATE ISSUED: January 27, 2026 ISSUED TO: Ransom County Commission CITIZEN’S REQUEST FOR OPINION Lynn Gonzalez requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Ransom County Commission violated N.D.C.C. § 44-04-18 by requiring Ms. Gonzalez to sign a document for receipt of open records. FACTS PRESENTED Ms. Gonzalez spoke with Ransom County Deputy Auditor Maria Prouty on March 1, 2023, t

Drew H. Wrigley ATTO RNEY GENERAL DATE ISSUED: ISSUED TO: S TA TE O F N OR TH D AKOTA OFFICE OF ATTORNEY GENERAL www. atto rn eyg e ne ra I . n d .gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2026-0-02 January 21, 2026 Williston Basin School District No. 7 CITIZEN'S REQUEST FOR OPINION Tom Simon requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Williston Basin School District No. 7 failed to provide him with the legal authority for redactions on open records in violation ofN.D .C.C. § 44-04-18. FACTS PRESE

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2026-O-01 DATE ISSUED: January 14, 2026 ISSUED TO: Williston Basin School District #7 CITIZEN’S REQUEST FOR OPINION Nicole Johnson requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Williston Basin School District #7 violated N.D.C.C. § 44-04-18 by failing to provide records. FACTS PRESENTED In May 2023, Nicole Johnson asked that Superintendent Dr. Richard Faidley of the Williston Basin School Dist

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-26 December 23, 2025 Killdeer Area Ambulance Service CITIZEN'S REQUEST FOR OPINION Debra Biffert requested an opinion from this office under N.D.C.C. § 44-04-21.1 regarding whether Killdeer Area Ambulance Service failed to notice special meetings held on July 18, 2023, and July 30, 2023, and improperly denied a request for records in violation of N.D.C.C. §§ 44-04-20

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2025-0-25 DATE ISSUED: December 23, 2025 ISSUED TO: McHenry County State’s Attorney CITIZEN’S REQUEST FOR OPINION Dale Yost requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the McHenry County State’s Attorney violated N.D.C.C. § 44-04-18 by denying a request for records pertaining to a criminal matter for which Mr. Yost was convicted and by failing to issue a denial for the records for almost nine mon

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www. atto rn eyg enera I. nd .gov (701) 328-2210 Drew H. Wri g ley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2025-0-24 DATE ISSUED: December 12, 2025 ISSUED TO: Burleigh County Commission CITIZEN'S REQUEST FOR OPINION Dustin Gawrylow requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Burleigh County Commission failed to notice a special meeting on January 13, 2023, failed to follow the special meeting agenda, and failed to take complete minutes of the meeting, in violation ofN.D.C.C. §§

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 LETTER OPINION 2025-L-03 The Honorable Michael Howe Secretary of State 600 E. Boulevard Avenue, Dept. 108 Bismarck, ND 58505-0500 Dear Secretary of State Howe: Thank you for your letter raising several questions about how the powers granted to the Secretary of State through the Constitution ofNorth Dakota and applicable state statutes, particularly those related to elections and campaign finance, interact with advisory opinions and administrative rules i

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2025-0-23 DATE ISSUED: December 5, 2025 ISSUED TO: Retirement and Investment Office CITIZEN’S REQUEST FOR OPINION Masaki Ova, a reporter for the Jamestown Sun, requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Retirement and Investment Office (RIO) violated N.D.C.C. § 44-04-18 by failing to provide a record. FACTS PRESENTED On November 18, 2024, Mr. Ova requested the video of the State Investment

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-O-22 December 5, 2025 Retirement and Investment Office CITIZEN’S REQUEST FOR OPINION Tory Jackson requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Retirement and Investment Office (RIO) violated N.D.C.C. § 44-04-18 by improperly responding to a request for records. FACTS PRESENTED On January 15, 2024, Mr. Jackson requested records regarding Legacy Fund investment

Drew H. Wrigley ATTORNEY GENERAL DA TE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www. attorneygenera I. nd. gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-21 December 5, 2025 North Dakota Insurance Reserve Fund CITIZEN'S REQUEST FOR OPINION Michelle Kommer requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Insurance Reserve Fund violated N.D.C.C. § 44-04-18 by refusing to provide records pertaining to a water main break. FACTS PRESENTED On February 7, 2023, a wa

Drew H. Wrigley AT TORNEY GENERAL DA TE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www .a t t o rne y gen era l.n d .go v (70 1) 328 - 2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-20 December 5, 2025 Ward County Sheriffs Department CITIZEN'S REQUEST FOR OPINION Leon Brown IV requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Ward County Sheriff's Department violated N.D.C.C. § 44-04-18 by denying a request to release records, claiming an exemption under N.D.C.C.

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 3228-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2025-O0-19 DATE ISSUED: December 5, 2025 ISSUED TO: Burleigh County Commission CITIZEN’S REQUEST FOR OPINION Barb Knutson requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Burleigh County Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting not preceded by public notice. FACTS PRESENTED The Burleigh County Commission (Commission) held a regular meeting on December 5, 2022.'

Drew H. Wrigley AT TOR NEY GEN ER AL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL ww w. atto r n ey g e n e r a l . nd . go v (7 01 ) 328 - 221 0 OPEN RECORDS AND MEETINGS OPINION 2025-0-18 December 5, 2025 Williston Council for the Aging, Inc. CITIZEN'S REQUEST FOR OPINION Edward Ennis requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Williston Council for the Aging, Inc. violated the open meetings and open records laws by failing to notice meetings, failing to provid

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www . attorneygeneral.nd . gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-17 December 5, 2025 City of Parshall CITIZEN'S REQUEST FOR OPINION Jeff McDougald requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Parshall violated N.D.C.C. § 44-04-18 by charging a fee and requiring payment prior to providing requested records, by unreasonably delaying without providing a denial or reason fo

Drew H. Wrigley AT TO RNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA O FFICE OF ATTORNEY GENERAL w w w.attorneygen e ral. n d go v ( 7 0 1) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-16 December 2, 2025 West Fargo Police Department CITIZEN'S REQUEST FOR OPINION Levi Mayo requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the West Fargo Police Depaiiment violated N.D.C.C. § 44-04-18 by providing an excessive cost estimate of compliance with an open records request. FACTS PRESENTED On December

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2025-O-15 DATE ISSUED: December 2, 2025 ISSUED TO: Cass County Sheriff's Office CITIZEN’S REQUEST FOR OPINION Benjamin Longlet requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Cass County Sheriff's Office violated N.D.C.C. § 44-04-18 by asking him to identify himself as the individual who submitted an anonymous open records request. FACTS PRESENTED On September 22, 2022, a request for records wa

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED : ISSUED TO: STA TE O F NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www. atto rneygene r a I . nd. gov (701) 328-221 0 OPEN RECORDS AND MEETINGS OPINION 2025-0-14 September 25, 2025 City of Parshall CITIZEN'S REQUEST FOR OPINION Toefishing@hotmail.com requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Parshall violated N.D.C.C. § 44-04-18(2) by not responding to a request for records. FACTS PRESENTED On February 2, 2024, an email was sent to cityauditor@r

Drew H. Wrigley AT TORN EY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www . a tt o rne y g e ne r al.nd g ov ( 70 1) 328-221 0 OPEN RECORDS AND MEETINGS OPINION 2025-0-13 September 10, 2025 Mandan Public School District CITIZEN'S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Harlow's School Bus Service violated N.D.C. C. § 44-04-18 by refusing to release school bus routes associated with their contract with the Mandan Public

Drew H. Wri g ley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygene1·al.nd.gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-12 September 10, 2025 Jacobson Memorial Hospital Care Center CITIZEN'S REQUEST FOR OPINION Dr. Alan Lindemann requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Jacobson Memorial Hospital Care Center violated the open meetings laws by refusing public access to its May 31, 2022, and June 28, 2022, meetings. FACTS PRESENTED The Board of Directors ("Board") of the

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO : STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral . nd gov (701) 328 - 22 10 OPEN RECORDS AND MEETINGS OPINION 2025-0-11 August 11, 2025 Pembina County Commission CITIZEN'S REQUEST FOR OPINION Robe1i Flemming requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Pembina County Commission violated N .D .C.C. §§ 44-04-20 and 44-04-19.1 by failing to properly notice an executive session and subsequently holding an unauthorized executive session

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.a tt o rne yg eneral .n d.g ov ( 701 ) 328 -2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-10 July 9, 2025 City of New Town CITIZEN'S REQUEST FOR OPINION Jacquelyn Halonen requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of New Town violated N.D.C. C. § 44-04-19 by asking city employees to leave during a meeting. FACTS PRESENTED The New Town City Council (City Council) held a regular m

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL Governor Kelly Armstrong Office of the Governor 600 East Boulevard Ave Bismarck, ND 58505-0100 Dear Governor Annstrong: www. atto rn eyg e ne ra I. n d. gov (701) 328-2210 LETTER OPINION 2025-L-02 Thank you for your email requesting my opinion regarding your item veto within Section 7 of Senate Bill 2014. 1 You asked whether the legally operative scope of your veto was constituted by the May 19, 2025, detailed, written statement of your objections to the

Drew H. Wrigley A TT ORNEY GENERAL DATE ISSUED: ISSUED TO : STATE OF N O RTH DAKOTA OFFICE OF ATTORNEY GENERAL ww w .a t to rn ey g e ner a l . nd.go v ( 7 0 1) 32 8-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-09 June 10, 2025 Tioga Airport Authority CITIZEN'S REQUEST FOR OPINION Kathleen Neset requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Tioga Airport Authority violated N.D.C.C. §§ 44-04-20 and 44-04-18 by not properly noticing its August 19, 2024, special meeting and by

Drew H . Wr igley ATT O R..l'l"EY GEN ER AL DATE ISSUED: ISSUED TO: STA TE O F N O RTH DAKO TA OFFICE OF ATTORNEY GENERAL www.atto r neygeneral . nd.gov (70 1) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2025-0-08 March 7, 2025 City of Mandan CITIZEN'S REQUEST FOR OPINION S. Paul Jordan requested an opinion from this office under N.D.C. C. § 44-04-21.1 asking whether the City of Mandan (City) violated N.D.C. C. § 44-04-18 by failing to respond to a records request within a reasonable time. FACTS PRESENTED On October

Drew H. Wrigley ATTORN EY GENE RAL DA TE ISSUED : ISSUED TO : STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www. atto rn eyg e ne ra I. nd .gov (701) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2025- 0-07 March 7, 2025 Milnor Public School District No. 2 CITIZEN'S REQUEST FOR OPINION Dr. Andrew Hennessey requested an opinion from this office under N.D.C.C. § 44-04- 21. l asking whether the Milnor Public School District No. 2 violated N.D.C.C . § 44-04- 18 by charging fees for copies of requested records not allowed by

Drew H. Wrigley ATTO RN EY GENER AL DA TE ISSUED: ISSUED TO: STATE OF N O RTH DA KOT A OFFICE OF ATTORNEY GENERAL www . at to rn eyge n e ra I . nd . gov (7 01 ) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025-0 -06 March 7, 2025 Apple Creek Township CITIZEN'S REQUEST FOR OPINION Jamie Jacobson requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Apple Creek Township violated the open records and meetings laws by failing to properly notice a meeting and by failing to provide open records within

Drew H. Wrigley AT T ORN EY GENER AL DATE ISSUED: ISSUED TO: ST A TE O F N OR T H D AK OT A OFFICE OF ATTORNEY GENERAL www. a tt o rneyge ne ra I . nd .g ov (701) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2025-0-05 March 7, 2025 Stanley Rural Ambulance District CITIZEN'S REQUEST FOR OPINION Ken Rensch requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Stanley Rural Ambulance District violated N.D.C.C. §§ 44-04-20, 44-04-19.2, and 44-04-19 by failing to properly notice an executive session, failing to pr

Drew H. Wrigley ATTO RNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF N ORTH DAKOTA OFFICE OF ATTORNEY GENERAL www. attorn eyge n era I. nd. gov (701) 328 -2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-04 March 6, 2025 HaITison Township CITIZEN'S REQUEST FOR OPINION Ron Loctao requested an opinion from this office under N.D.C. C. § 44-04-21.1 asking whether the Harrison Township violated N.D.C.C. § 44-04-18 by failing to properly respond to a request for records within a reasonable time. FACTS PRESENTED Ron Loctao sent an email to Harrison Tow

Drew H. Wrigley ATTORNEY GENERAL DA TE ISSUED: ISSUED TO: STATE O F N ORT H DAKOT A OFFICE OF ATTORNEY GENERAL www. atto rneyg ene ra I. nd . go v (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2025- 0-03 March 6, 2025 City of Great Bend CITIZEN'S REQUEST FOR OPINION Guy Otto requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Great Bend violated N .D.C.C. § 44-04-20 by failing to properly notice city council meetings. FACTS PRESENTED The Great Bend City Council (City Council) is composed

S TATE OF N OR TH D AKO TA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley A TT OR N EY GENERAL The Honorable Todd Porter State Representative District 34 4604 Borden Harbor Drive SE Mandan, ND 58554-7961 Dear Representative Poiter: www. a tt o r n eyg e n er a I. n d . g ov (7 01) 328 - 2210 LETTER OPINION 2025-L-01 Thank you for your letter requesting my opinion about the reporting requirements of a political conunittee making expenditures for political purposes in the state ofN01th Dakota. Specifically, you asked whether a polit

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneyg e n era I. nd .gov (701) 328 - 2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-02 January 10, 2025 Metro Flood Diversion Authority Board CITIZEN'S REQUEST FOR OPINION Ingrid Harbo, with Forum Communications Company, requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Technical Dispute Review Board is subject to open meeting laws. FACTS PRESENTED On June 16, 2016, the cities of Fargo, North

Drew H. Wrigley ATTORNEY GENERAL STA TE O F N O RTH D AK O TA OFFICE OF ATTORNEY GENERAL www. attorneyg ene ra I. nd . gov (701) 328 - 2210 OPEN RECORDS AND MEETINGS OPINION 2025-0-01 DATE ISSUED: January 2, 2025 Lincoln City Council ISSUED TO: CITIZEN'S REQUEST FOR OPINION Kathy Schneibel requested an opinion from this office under N.D.C. C. § 44-04-21.1 asking whether the Lincoln City Council violated N.D .C. C. §§ 44-04-20, 44-04-19.2, and 44-04-19.1 by failing to properly notice an executive session, failing to properly anno

Drew H. Wrigley ATTORNEY GENERAL DATE ISSUED: ISSUED TO: STA TE OF NOR T H D AKOTA OFFICE OF ATTORNEY GENERAL www . atto rn eyg e ne ra I. nd. gov (70 1) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-11 December 20, 2024 Emmons County Historical Society CITIZEN'S REQUEST FOR OPINION Dr. Clarence Herz requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Emmons County Historical Society violated N.D.C.C. §§ 44-04-18 and 44-04-21 by failing to create meeting minutes and by not providing copies of mee

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTO RNEY GENERAL The Honorable Jim Kasper State Representative District 46 1128 Westrac Drive Fargo, ND 58103-8729 Dear Representative Kasper: www.attorneygene r al.nd.gov (7 01) 328-2210 LETTER OPINION 2024-L-06 Thank you for your letter asking several questions about a home rule city's authority to implement election procedures for local elections. You ask whether the City of Fargo's Home Rule Charter and implementing ordinance outlining its approval voting election procedure supersede the electi

Drew H. Wrigley ATTO RNEY GENER AL DATE ISSUED: ISSUED TO: STATE O F N O RTH DAK OT A OFFICE OF ATTORNEY GENERAL www. a t torn eyge ne ra I . nd. gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2024-0 - 10 November 12, 2024 Mandan Park District CITIZEN ' S REQUEST FOR OPINION S. Paul Jordan requested an opinion from this office under N.D.C.C. § 44-04- 21.1 asking whether the Mandan Park District violated N.D.C.C. § 44-04-18 by improperly denying a request for records. FACTS PRESENTED Mr. Jordan and Mandan Park District (District)

STA TE O F NOR TH DAKO TA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTO RNEY GENER AL Ms. Christina M. Wenko Dickinson City Attorney MackoffKellogg Law Fim1 38 Second Ave. E. Dickinson, ND 58601 Dear Ms. Wenko : www . a t tor n eyg e nera I . nd . g av (701) 328-2210 LETTER OPINION 2024-L-05 Thank you for your letter requesting my opinion on whether a home rule charter city may modify the elected official recall process enumerated in North Dakota Century Code (N.D.C.C.) § 44-08-21. Because the mle of st

STA TE O F NORTH D AKO TA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTO RN EY GENERAL Ms. Jannelle Combs Bismarck City Attorney 221 N. 5th St. P.O. Box 5503 Bismarck, ND 58501 Dear Ms. Combs: www. atto r n eyg en er a I . n d . gov (701) 328-2210 LETTER OPINION 2024-L-04 Thank you for your letter requesting an opinion on whether a petition to initiate an ordinance pursuant to art. 5 of the City of Bismarck's Home Rule Charter (Home Rule Charter) is subject to the time limit for the filing or presentation of

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2024-L-03 Pembina County Water Resource District C/O Robert C. Fleming, Attorney at Law PO Box 633 Cavalier, ND 58220-0633 Dear Pembina County Water Resource District: Thank you for your letter requesting my opinion regarding the interpretation of North Dakota Century Code (N.D.C.C.) § 61-32-07 and the authority of a Water Resource District to close a noncomplying drain. Specifically, you asked (1) whether N.D.C.C. § 61-32-07 is applicable where an in

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL www. atto rneyg enera I. n d _go v (7 01) 328-22 10 LETTER OPINION 2024-L-02 Ms. Sally A. Holewa, State Court Administrator Office of the State Court Administrator Supreme Court Judicial Wing, 1st Floor 600 E Boulevard Ave Bismarck, ND 58505-0530 Dear Ms. Holewa: Thank you for requesting my opinion on North Dakota Public Employees Retirement System (ND PERS) benefits available to sitting state dist1ict comi judges who hold accounts in the ND PERS main plan and the

Drew H. Wrigley ATTORNEY GENERAL DA TE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-09 September 17, 2024 Apple Creek School Board CITIZEN'S REQUEST FOR OPINION Jamie Jacobson requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Apple Creek School Board violated N.D.C.C. §§ 44-04-20 and 44-04-19.2 by failing to properly notice a special meeting and failing to properly describe the general subject matter and legal authority b

Drew H. Wrigley ATTORNEY GENERAL STA TE O F NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2024-0-08 DATE ISSUED: September 11, 2024 ISSUED TO: Stanley Rural Ambulance District CITIZEN'S REQUEST FOR OPINION Adam Buss requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Stanley Rural Ambulance District (District) violated N.D.C.C. § 44-04-18 by failing to provide records. FACTS PRESENTED On March 10, 2022, Mr. Buss sent an email to Don Giese, then Pre

Drew H. Wrigley AT T ORN EY GENERAL DATE ISSUED : ISSUED TO: STATE O F N ORTH D A KO TA O FFICE OF ATTORNEY GENE R AL www . attorneygenera l. nd.gov (7 01 ) 328 - 2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-07 September 11, 2024 Stanley Rural Ambulance District CITIZEN'S REQUEST FOR OPINION Justin Hagel requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Stanley Rural Ambulance District violated N.D.C.C. §§ 44-04-20 and 44-04-18 by failing to properly notice a special meeting and responding improperly

Drew H. Wrigley ATTORNEY GENER AL STA TE OF N OR TH DAKOTA OFFICE OF ATTORNEY GENERAL www.a ttorneygeneral.nd.g ov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-06 DATE ISSUED: September 11, 2024 ISSUED TO: Southwest Healthcare Services CITIZEN'S REQUEST FOR OPINION The law firm of Ebeltoft Sickler Lawyers, PLLC, on behalf of its client, Kevin Thompson, requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Southwest Healthcare Services violated N.D.C.C. § 44-04-18 by improperly denying a request for records.