North Dakota Attorney General Opinions

OPEN RECORDS AND MEETINGS OPINION 2021-O-03 DATE ISSUED: May 12, 2021 ISSUED TO: Hope-Page Public School District #85 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Elizabeth Jacobsen asking whether Hope-Page Public School District #85 School Board (School Board) violated N.D.C.C. § 44-04-20 by failing to properly notice meetings. FACTS PRESENTED The Finley-Sharon-Hope-Page Cooperative (Co-op) committee met on December 17, 2020. 1 Notice of the meeting was posted only on the front door of the Finley-Sharon Public Scho

OPEN RECORDS AND MEETINGS OPINION 2021-O-02 DATE ISSUED: April 16, 2021 ISSUED TO: City of Grand Forks CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Korrie Wenzel asking whether the City of Grand Forks violated N.D.C.C. § 44-04-19 by holding a meeting without notice. FACTS PRESENTED Grand Forks City Council member, Bret Weber, requested that Mayor Brandon Bochenski put together an “expert panel” in order to have a locally focused panel of experts to provide their expertise and knowledge on COVID-19 pandemic related concerns. We

OPEN RECORDS AND MEETINGS OPINION 202 1 - O - 01 DATE ISSUED: February 24, 2021 ISSUED TO: County of Steele CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lance Straabe asking whether the County of Steele violated N.D.C.C. § 44-04-19 by denying access to a public meeting. 1 FACTS PRESENTED The Steele County Commission (Commission) met in person at the Steele County Courthouse (Courthouse) for a special meeting on September 15, 2020. 2 To allow for social distancing, the meeting was held i

LETTER OPINION 2020 - L - 10 December 31, 2020 Ms. Lise Kruse Department of Financial Institutions 2000 Schafer St Suite G Bismarck, ND 58501-1204 Dear Ms. Kruse: Thank you for requesting my opinion regarding the State Credit Union Board’s (Board) authority over certain state credit union transactions. Specifically, you inquired: 1) whether the Board may authorize a credit union to purchase a bank; 2) whether the purchasing credit union may provide services to acquired former bank customers who reside outside the purchasing credit union’s field of membership; 3) whether the Board may e

LETTER OPINION 2020 - L - 09 December 23, 2020 Mr. Ron Goodman Chairman Ethics Commission 101 Slate Dr Ste 4 Bismarck, ND 58503-6171 Dear Mr. Goodman, Thank you for your question regarding whether the Ethics Commission may promulgate rules defining “lobby” and “lobbyist” within the context of lobbyist gifting restrictions, which conflict with the statutory definitions adopted by the Legislature in North Dakota Century Code ch. 54-66. It is my opinion that the Ethics Commission has the constitutional authority to promulgate rules defining “lobby” and “lobbyist” with

OPEN RECORDS AND MEETINGS OPINION 2020-0-11 DATEISSUED: December 21, 2020 ISSUED TO: Fargo Public School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jill Hankey asking whether the Fargo Public School Board violated N.D.C.C. § 44-04-20 by holding a meeting without notice. FACTS PRESENTED The Fargo Public School Board has several standing committees. One standing committee is the Planning Committee which meets the last Friday of the month at 7:30 a.m. The members of the Planning Committee for the 2020-21 school year are J

LETTER OPINION 2020-L-08 October 13, 2020 The Honorable Alvin Jaeger Secretary of State 600 East Boulevard Avenue, Dept. 108 Bismarck, ND 58505-0500 Dear Secretary of State Jaeger: Thank you for your letter asking about a situation where a qualified candidate for political office died after early voting was commenced and at a time when it is not possible to change the names or otherwise replace the candidate on the ballot prior to the general election. You ask the following: I. What the result or effect will be of the votes that are cast for the deceased candidate. In my opinion, our

OPEN RECORDS AND MEETINGS OPINION 2020-O-10 DATE ISSUED: September 30, 2020 ISSUED TO: Mandan Police Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Susan Franciere asking whether the Mandan Police Department violated N.D.C.C. § 44-04-18 by improperly charging for copies of records, failing to provide the legal authority for redacting records, and improperly redacting records. FACTS PRESENTED On June 30, 2020, Susan Franciere sent an open records request to the Mandan Police Department (MPD) for two incidents in

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2020-O-09 DATE ISSUED: September 23, 2020 ISSUED TO: County of Billings CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from JJ England asking whether the County of Billings violated N.D.C.C. § 44-04-20 by failing to properly notice meetings. FACTS PRESENTED The Billings County Commission held four meetings between March 14, 2020, and June 12, 2020. 1 Agendas were posted online and sent to the County’s official newspaper. 2 The requestor for

LETTER OPINION 2020-L-07 September 23, 2020 The Honorable Dennis Johnson House of Representatives District 15 7871 45th St NE Devils Lake, ND 58301-9089 Dear Representative Johnson: Thank you for your letter asking about distribution of school district property and funds as a part of a dissolution 1 or reorganization. 2 For the reasons below, it is my opinion that a political subdivision may enter into a Joint Powers Agreement (JPA) to exercise powers that belong to one of the political subdivisions; a school board may not sell a building to a political subdivision for less than it

LETTER OPINION 2020-L-06 September 23, 2020 Mr. Allen Koppy Morton County State's Attorney 210 2nd Ave NW Mandan, ND 58554-3124 Dear Mr. Koppy: You have asked this office for an opinion regarding the role of a county commission in the budget for a district board of health. Specifically, you ask whether N.D.C.C. § 23-35-07 allows a county commission that is a member of the health district to have a role in approving the budget for the district board of health. It is my opinion that the county commission has a statutory duty to sit on the joint board of county commissioners to approve th

LETTER OPINION 2020-L-05 September 15, 2020 Mr. John Weeda North Dakota Transmission Authority 1016 E Owens Ave Bismarck, ND 58501-1900 Dear Mr. Weeda: Thank you for your letter asking whether the North Dakota Transmission Authority can acquire an existing transmission facility and if it can, whether the Transmission Authority must follow the notice requirements of N.D.C.C. § 17-05-06. It is my opinion that the Transmission Authority does have the statutory authority to acquire an existing facility and that because the facility already exists and is not being built, the requirements of

LETTER OPINION 2020-L-04 September 1, 2020 The Honorable Rich Wardner State Senator, District 37 1042 12th Ave W Dickinson, ND 58601-3654 Dear Senator Wardner: Thank you for your letter asking for clarifications regarding how N.D.C.C. chapters 61-16.1 and 61-21 interact with regard to water resource districts’ authority and special assessment projects. I. You first asked whether a water board may convert an “assessment drain” under N.D.C.C. ch. 61.21 to a “project” under N.D.C.C. ch. 61-16.1 or vice versa. It is my opinion that a water board may not convert an “assessment drain” unde

Wayne Stenehjem ATTORNEY GENERAL DATE ISSUED: ISSUED TO : STATE OF NOR TH DAKOTA OFFICE OF ATTOR NEY GEN E RAL STATE CA PI TOL 600 E BOULEVARD AVE DEPT 125 BISMARCK, ND 58505-0040 (701) 328-22 10 FAX (701 ) 328 -22 26 w w w . ag . nd . go v OPEN RECORDS AND MEETINGS OPINION 2020-0-08 July 16, 2020 Department of Health CITIZEN 'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C. C. § 44-04-21 .1 from Jeremy Turley, reporter for Forum Communications Company (Forum) asking whether the Departm

OPEN RECORDS AND MEETINGS OPINION 2020-O-07 DATE ISSUED: July 15, 2020 ISSUED TO: City of Fargo CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Rob Port asking whether the City of Fargo violated N.D.C.C. § 44-04-18 by failing to provide requested records. FACTS PRESENTED On June 4, 2020, Rob Port made an open records request to the Fargo Police Chief for “the email you sent out to the department concerning ‘Ozzie.’” 1 The City of Fargo provided a redacted email to Mr. Port later that day with an

OPEN RECORDS AND MEETINGS OPINION 2020 - O - 06 DATE ISSUED: July 8, 2020 ISSUED TO: Williston Public School District #1 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Jenny Jorgenson asking whether Williston Public School District #1 violated N.D.C.C. § 44 - 04 - 19 by holding an unauthorized executive session . FACTS PRESENTED On May 6, 2020, the Williston Public School Board for District #1 held a special meeti ng and entered in an executive session for attorney consultation

OPEN RECORDS AND MEETINGS OPINION 2020-O-05 DATE ISSUED: July 7, 2020 ISSUED TO: Williams County School District #8 and Williston School District #1 CITIZEN’S REQUEST FOR OPINION This office received requests for opinions under N.D.C.C. § 44-04-21.1 from Penny Soiseth and Jenny Jorgenson asking whether Williams County School District #8 and Williston School District #1 violated N.D.C.C. § 44-04-20 by failing to properly notice special meetings. FACTS PRESENTED The Williams County School District #8 is a kindergarten through eighth grade district, whose students attend high school at

LETTER OPINION 2020-L-03 June 10, 2020 Ms. Haley L. Wamstad Grand Forks County State's Attorney's Office 124 South 4th Street PO Box 5607 Grand Forks, ND 58206-5607 Dear Ms. Wamstad: Thank you for asking my opinion on whether a county may contract with the North Dakota Department of Corrections and Rehabilitation (DOCR) to confine a pre-trial detainee. It is my opinion that N.D.C.C. § 12-44.1-02 allows a county to contract with the DOCR to confine a pre-trial detainee. ANALYSIS Section 12-44.1-02, N.D.C.C., provides for the establishment of correctional facilities by a county or

LETTER OPINION 2020-L-02 June 8, 2020 The Honorable Mike Schatz House of Representatives District 36 400 E 9th St New England, ND 58647-7528 The Honorable Rick C. Becker House of Representatives District 7 6140 Ponderosa Ave Bismarck, ND 58503-9156 Dear Representative Schatz and Representative Becker: Thank you for your letter in which you ask whether the primary system of selecting candidates for election set forth in N.D.C.C. ch. 16.1-11 is an unconstitutional infringement on the freedom of association guaranteed by the First Amendment of the United States Constitution. It is my

OPEN RECORDS AND MEETINGS OPINION 2020-O-04 DATE ISSUED: May 20, 2020 ISSUED TO: Williams County School Board for District #8 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Leon Walter asking whether Williams County School Board for District #8 violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting. FACTS PRESENTED On March 23, 2020, the Williams County School Board for School District #8 held a special meeting. Notice for the meeting was originally posted by the school’s business manager on March 20

OPEN RECORDS AND MEETINGS OPINION 2020-O-03 DATE ISSUED: May 18, 2020 ISSUED TO: City of Napoleon CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Amanda Hayen asking whether the City of Napoleon violated N.D.C.C. §§ 44-04-19 and 44-04-20 by failing to properly notice a meeting, failing to follow proper executive session procedure, and holding an unauthorized executive session. FACTS PRESENTED The Napoleon City Council holds its regular meetings on the first Monday of every month. 1 A recurring agenda

LETTER OPINION 2020-L-01 May 18, 2020 Lieutenant Governor Brent Sanford Chair, North Dakota Higher Education Challenge Grant Fund Committee 600 East Boulevard Avenue Bismarck, ND 58505-0001 Dear Lieutenant Governor Sanford: Thank you for your letter asking for clarification as to the correct interpretation of the North Dakota Higher Education Challenge Grant Fund statute. You asked how the Higher Education Challenge Grant Fund Committee must apply the athletics exclusion when distributing the state match for raised funds, based on the language of N.D.C.C. § 15-

OPEN RECORDS AND MEETINGS OPINION 2020-O-02 DATE ISSUED: April 29, 2020 ISSUED TO: Bismarck Public School District #1 and Bismarck Public School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lawrence King asking whether Bismarck Public School District #1 violated N.D.C.C. § 44-04-18 when it discarded requested handwritten notes and whether the Bismarck Public School Board violated N.D.C.C. § 44-04-19.2 by announcing a topic of an executive session as “complaints raised to the district.” FACTS

OPEN RECORDS AND MEETINGS OPINION 20 20 - O - 01 DATE ISSUED: February 6, 2020 ISSUED TO: North Dakota State Board of Accountancy CITIZEN’ S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Mark Larson asking whether the North Dakota State Board of Accountancy v iolated N.D.C.C. § § 44 - 04 - 18 and 44 - 04 - 20 by failing to properly notice a meeting and withholding requested records . FACTS PRESENTED T he North Dakota State Board of Accountancy (NDSBA) held a special meeting on November 5, 20

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2019 - O - 20 DATE ISSUED: October 24, 2019 ISSUED TO: Frontier Village Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from t he Jamestown Sun asking whether Frontier Village Association violated N.D.C.C . § 44 - 04 - 20 by failing to post notice of a special meeting . FACTS PRESENTED The Frontier Village Association 1 held a special meeting on September 29, 2019. ISSUE Whether Frontier Village Association provided notic

LETTER OPINION 2019 - L - 09 October 23, 2019 The Honorable Jim Grueneich State Representative , District 12 3051 83 1/2 Ave SE Jamestown, ND 58401 Dear Representative Grueneich : Thank you for your letter asking for clarification as to eligibility for the s killed w orkforce s tudent l oan r epayment program. You ask whether the program would apply to four - year degree programs for high - demand occupations. I t is my opinion that four - year degree programs for high - demand occupations designated by the Workforce Development Council (WDC) and t

LETTER OPINION 2019-L-08 October 22, 2019 The Honorable David Rust State Senator PO Box 1198 Tioga, ND 58852-1198 The Honorable Dan Ruby State Representative 4620 46th Avenue NW Minot, ND 58703-8710 Dear Senator Rust and Representative Ruby: Thank you for your letter requesting my opinion on whether Measure No. 4, which was approved by a vote of the people during the 2018 general election, was intended to provide free registration as well as a free set of license plates for one vehicle of a volunteer responder. For the reasons indicated below, it is my opinion that the plain langu

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 19 DATE ISSUED: October 17, 2019 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Dr. Jake Schmitz asking whether the North Dakota Board of Chiropractic Examin ers violated N.D.C.C. § § 44 - 04 - 19.2 and 44 - 04 - 18 by holding improper executive sessions and withholding requested records . FACTS PRESENTED The North Dakota Board of Chiropractic Examiners held a regular meet ing on July 10,

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 18 DATE ISSUED: October 17 , 2019 ISSUED TO: City of Minot CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Rob Port asking whether the City of Minot violated N.D.C.C. § 44 - 04 - 19 by holding c ouncil meetings outside of city limits . FACTS PRESENTED The Minot City Council held a special meeting, noticed as a n “executive retreat , ” on July 31 – August 1, 2019, in the City of Washburn, located approximately seventy miles sout

LETTER OPINION 2019 - L - 07 September 3, 2019 The Honorable Lawrence Klemin Speaker of the House State Representative District 47, 3929 Valley Drive Bismarck, ND 58503 - 1729 Dear Speaker Klemin : Thank you for your letter asking for clarification of the five - year residency requirement for nominees to the North Dakota State Board of Higher Education. You ask whether the five - year period must be satisfied by five “consecutive” yea rs immediately preceding appointment, or whether any cumulative five years of residency are sufficient so long as a

Mr. Erik Johnson Fargo City Attorney 505 Broadway St N Ste 206 Fargo, ND 58102-4489 Dear Mr. Johnson: LETTER OPINION 2019-L-06 August30,2019 Thank you for your letter inquiring as to whether the Fargo City Commission has the statutory authority to adopt a resolution to replace the existing five-member airport authority with the members of the City Commission. For the reasons indicated below, it is my opinion the Fargo City Commission may only exercise the powers of a municipal airport authority after payment of all debts and passage of a resolution disso

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 17 DATE ISSUED: August 14, 2019 ISSUED TO: Fargo Park District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Archie Ingersoll asking whether the Fargo Park District’s Board of Commissioners violated N.D.C.C. § 44 - 04 - 20 by failing to adequately notice topics to be discussed at a special meeting . FACTS PRESENTED The Fargo Park District’s Board of Commissioners held a special meeting on July 2, 2019. 1 The notice only listed one

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 16 DATE ISSUED: July 19, 2019 ISSUED TO: City of Surrey CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Jenny Johns asking whether the City of Surrey violated N.D.C.C. § 44 - 04 - 20 by failing to post notice of committee meetings . FACTS PRESENTED The Surrey City Council is comp ri sed of seven members and holds regular meetings on the first Monday of each month. 1 At a meeting on February 4, 2019, the Surrey City Council appointed three

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 15 DATE ISSUED: July 19, 2019 ISSUED TO: Belcourt School District #7 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Khara Laducer asking whether the Belcourt School District #7 violated N.D.C.C. § 44 - 04 - 18 by failing to provide copies of records within a reasonable time . FACTS PRESENTED On March 31, 2019, Ms. Khara Laducer made an open records request via email to the Belcourt School District #7 asking for “ the recorded audio files from all BS

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2019 - O - 14 DATE ISSUED: July 18, 2019 ISSUED TO: Mandan Police Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from S. Paul Jordan asking whether the Mandan Police Department violated N.D.C .C. § 44 - 04 - 18 by failing to respond to a record request within a reasonable time . FACTS PRESENTED S. Paul Jordan sent a letter to the Mandan Police Department , dated April 27, 2019, asking for records id entifying which police officer was assi

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 13 DATE ISSUED: July 18, 2019 ISSUED TO: Dickinson Public School District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Riley Kuntz asking whether the Dickinson Public School District ’s response to an open rec ords request violated N.D.C.C. § 44 - 04 - 18 . FACTS PRESENTED On April 19, 2019, Riley Kuntz made an open records request to Dickinson Superintendent Shon Hocker, asking for various re cords regarding

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 12 DATE ISSUED: July 2, 2019 ISSUED TO: Linton Industrial Development Corporation CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Clarence Herz asking whether the Linton Industrial Development Corporation violated N.D.C.C. § § 44 - 04 - 20 and 44 - 04 - 19.2 by holding meetings without proper notice and holding an improper executive session . FACTS PRESENTED The Linton Industrial Development Corporation (LIDC) has act ed a

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 11 DATE ISSUED: July 2, 2019 ISSUED TO: Belcourt School District #7 Board of Education CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Chris Cerney asking whether the Belcourt School District #7 Board of Education violated N.D.C.C. § 44 - 04 - 20 by failing to provide notice of meetings . FACTS PRESENTED The Belcourt School District Board of Education considered a superintendent evaluation report at a special meeting on March 12, 20

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 10 DATE ISSUED: July 1, 2019 ISSUED TO: Beulah Public School CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Bruce W. Neuberger asking whether the Beulah Public School violated N.D.C.C. § 44 - 04 - 20 by failing to provide notice of meetings . FACTS PRESENTED The Beulah Board of Education consists of seven members and holds regular meetings on the second Thursday of every month. 1 Be ulah Public School received its 2017 - 2018 audit from

LETTER OPINION 2019 - L - 05 June 28, 2019 The Honorable Joshua Gallion State Auditor 600 East Boulevard Avenue Bismarck, North Dakota 58505 Dear Mr. Gallion : Thank you for your letter inquiring as to t he constitutionality of amendments contained in section 3 of Senate Bill 2004 passed by the 66 th Legislative Assembly. For the reasons indicated below, it is my opinion that if a court were to rule on this m atter , it is likely that it would determine that the amendments contained in subsections 2 and 4 of section 3 of S .B. 2004 are unconstitutional as a vi

LETTER OPINION 2019 - L - 04 June 26, 2019 Mr. Timothy R. Timian Chair Real Estate Appraiser Qualifications and Ethics Board PO Box 1336 Bismarck, ND 58502 - 1336 Dear Mr. Timian : Thank you for your letter asking whether a permit is required under N.D.C.C. § 43 - 23.3 - 04 to perform real estate appraisals in the state of North Dakota. For the reasons stated below, it is my opinion that a permit is required to perform real estate apprai sals in the state of North Dakota. ANALYSIS There are several types of appraiser permits issued pursuant to N.D.C.C. ch . 43 - 23.3,

OPEN RECORDS AND MEETINGS OPINION 2019-O-09 DATE ISSUED: May 24, 2019 ISSUED TO: North Dakota Industrial Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Senator Merrill Piepkorn asking whether the North Dakota Industrial Commission violated N.D.C.C. § 44-04-18 by failing to provide copies of public records and by failing to respond to a request within a reasonable time. FACTS PRESENTED Senator Merrill Piepkorn, personally and through Legislative Council, made several requests for information an

LETTER OPINION 2019 - L - 03 May 14 , 2019 Mr. Erich M. Grant McGee, Hankla, & Backes Attorneys for the City of Berthold PO Box 998 Minot, ND 58702 - 0998 Dear Mr. Grant : Thank you for your question regarding the city of Berthold’s home rule charter provision that allows the city to “ define offenses against private persons and property and the public heal th, safety, morals, and welfare and provide penalties … thereof . ” Specifically, you ask whether this provis ion provides authority for the city to enact ordinances similar or identical to the cor

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 08 DATE ISSUED: May 13, 2019 ISSUED TO: City of Napoleon CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Paul Hamers asking whether the City of Napoleon violated N.D.C.C. § 44 - 04 - 20 by failing to notice meetings . FACTS PRESENTED The Napoleon City Council is composed of six council members and a mayor. It holds regular meetings on the first Monday of each month. 1 During a meeting on December 4, 2018, the chief of

OPEN RECORDS AND MEETINGS OPINION 2019-O-07 DATE ISSUED: May 3, 2019 ISSUED TO: City of Mandan CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Karen Jordan asking whether the City of Mandan violated N.D.C.C. § 44-04-18 by failing to respond to a request for records within a reasonable time. FACTS PRESENTED The City of Mandan provided a copy of a complaint regarding overhanging branches/limbs to Ms. Karen Jordan on January 14, 2019. 1 Ms. Jordan sent an email to the City of Mandan on January 23, 2019

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 06 DATE ISSUED: April 16, 2019 ISSUED TO: North Dakota Highway Patrol , Cass County Sheriff’s Office, Bismarck Police Department, and Mandan Police Department CITIZEN’ S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Benjamin Stoll asking whether the North Dakota Highway Patrol , Cass County Sheriff’s Office, Bismarck Police Department, and Mandan Police Department violated N.D.C.C. § 44 - 04 - 18 by denying requests for records

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2019-O-05 DATE ISSUED: April 12, 2019 ISSUED TO: Crystal Lake Township Board of Supervisors CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kyra Hill asking whether the Crystal Lake Township Board of Supervisors violated N.D.C.C. § 44-04-20 by failing to post notice of a meeting. FACTS PRESENTED The Crystal Lake Township Board of Supervisors held a special meeting on March 1, 2019, in preparation of their upcoming annual meeting. ISSUE Whether the Crystal Lake Township Board of S