North Dakota AG Opinions, 1988

N.D.A.G. Letter to Gregg (April 20, 1988) April 20, 1988 Mr. John R. Gregg Gregg & McLean Attorneys at Law P.O. Box 26 Bottineau, ND 58318 Dear Mr. Gregg: Thank you for your letter of April 7, 1988, wherein you inquire whether a special assessment levy must be terminated if the obligation is satisfied by the municipality from other resources. You enclosed a photocopy of 1976 N.D. Op. Att'y Gen. 19 wherein former Attorney General Allen I. Olson concluded, at 21, that "if sufficient money is collected on a special assessment project in less time than the assessment period, the City must

N.D.A.G. Letter to Gefroh (April 18, 1988) April 18, 1988 Mr. Peter M. Gefroh, Director Secondary Education Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Gefroh: Thank you for your letter of March 1, 1988, inquiring whether a North Dakota school district has legal authority to issue a high school diploma to a non-resident, foreign student who has never attended high school in the district but who graduates from high school in a foreign country. The general rule for school districts is that their powers must either be express or implied by statute. Gilles

N.D.A.G. Letter to Larson (April 14, 1988) April 14, 1988 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your letter of March 21, 1988, wherein you inquire whether a county auditor may change the assessed valuation as a clerical error under the authority of N.D.C.C. § 57-14-01(04) where a survey shows a different acreage than in the auditor's records. N.D.C.C. § 57-14-01(4) provides that the county auditor shall correct the assessment books if "[t]he assessor has made a clerical error in valuing real property, provide

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-13 Date issued: April 5, 1988 Requested by: Steven L. Vogelpohl, Lincoln City Attorney - QUESTION PRESENTED - Whether a city which levies a tax pursuant to N.D.C.C. ' 57-15-55.1 for transportation fees authorized by N.D.C.C. ' 15-34.2-06.1 and charged by a school district can pay to the school district an amount which exceeds the difference between the state transportation payment and the school district's actual cos

STATE OF NORTH DAKOTA ATTORNEY GENERALS OPINION 88-12 Requested by: Alan Duppler Mercer County State's Attorney Date issued: April 4, 1988 - QUESTION PRESENTED - Whether a board of county commissioners may install traffic control devices at the intersection of a county highway and a private road where the traffic on the private road is sometimes given the right-of-way over traffic on the county highway. - ATTORNEY GENERAL'S OPINION - It is my opinion that a board

N.D.A.G. Letter to Slorby (March 29, 1988) March 29, 1988 Mr. Tom Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of December 30, 1987, concerning whether or not a lounge may serve alcoholic beverages on Sunday pursuant to N.D.C.C. § 5-02-05.2. This question was further discussed and clarified in several telephone conversations held since the arrival of your letter. I apologize for the delay in responding to you. It is clear from reading the legislative history that the Legislature intended each local jurisdiction to

N.D.A.G. Letter to Meier (March 25, 1988) March 25, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary of State Meier: Thank you for your letter of March 25, 1988, concerning Manhattan National Life Insurance Company and Surety Mutual Life Insurance Company. Both of these life insurance companies have a specific corporate existence time period listed within their original articles of incorporation. I am told that the applicable law at the time these companies incorporated required such time periods to be specifically state

N.D.A.G. Letter to Enget (March 24, 1988) March 24. 1988 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter dated March 15, 1988, concerning the detention of the juvenile charged with the crimes of murder and attempted murder. You have advised me that the juvenile matter has been transferred to adult court from juvenile court. You have inquired as to the ability to detain that juvenile in the Mountrail County Jail pending trial and the existence of any restrictions on such detention. I see no prohibition to the d

N.D.A.G. Letter to Hanson (March 21, 1988) March 21, 1988 The Honorable Robert Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of March 2, 1988, inquiring as to the presence of a union label on state stationery and envelopes. As you correctly point out in your letter, a previous North Dakota Statute, N.D.C.C. § 46-02-02, required the appearance of one particular union label, to the detriment of all other union labels, on state stationery. In International Printing Pressman and Assist. U. v. Meier , 115 N.W.2d 18 (N.D. 1962), the Nor

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-11 Date issued: March 21, 1988 Requested by: Tom Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether defense expense and witness fees, incurred by indigents responding to orders to show cause why a contempt citation should not issue for failure to pay child support, are payable pursuant to N.D.C.C. '' 29-07-01.1 and 31-01-18. - ATTORNEY GENERAL'S OPINION - It is my opinion that defense expenses and

N.D.A.G. Letter to Syverson (March 18, 1988) March 18, 1988 Mr. Gayle Syverson Deputy Auditor Office of State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your letter of March 9, 1988, posing questions that have occurred as a result of a recent audit of a county. Your first question is whether a county may purchase a vehicle using monies from the corrections center's fund. N.D.C.C. § 57-15-06.6 authorizes the board of county commissioners to levy an annual tax for the purpose of constructing, equipping, operating, and maintaining regional

N.D.A.G. Letter to Slorby (March 18, 1988) March 18, 1988 Mr. Tom Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of February 26, 1988, forwarding to our attention questions you have received concerning senior citizens mill levy money. According to your letter, it is the Ward County Council on Aging which has contracted with Ward County to disburse the moneys received from the senior citizens mill levy as provided for by N.D.C.C. § 57-15-16. Questions have occurred as to the manner in which the Council on Aging dispe

N.D.A.G. Letter to Klundt (March 18, 1988) March 18, 1988 Honorable Larry A. Klundt State Representative District 12 1720 Burnt Boat Drive Bismarck, ND 58501 Dear Representative Klundt: Thank you for your letter of December 7, 1987. I apologize for the delay in responding to your letter. In your letter you request an opinion on two questions concerning the renewal or nonrenewal of a superintendent's multi-year contract. You first request an opinion as to whether, in a situation in which a superintendent has a multi-year contract, the extension of the contract under N.D.C.C. § 15-47-38

N.D.A.G. Letter to Engelman (March 18, 1988) March 18 1988 Mr. Jerald L. Engelman Mayville City Attorney P.O. Box 547 Mayville, ND 58257-0547 Dear Mr. Engelman: Thank you for your letter of January 21, 1988, wherein you inquire about the taxable status of the Larry Domier residence which is located within the city of Mayville. Specifically, your question is whether the residence is exempt as a farm residence under N.D.C.C. § 57-02-08(15). Procedurally, it is my understanding that Mr. Domier filed an application for an abatement with the Traill County Auditor u

N.D.A.G. Letter to Slorby (March 17, 1988) March 17, 1988 Mr. Tom Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of December 8, 1987, where you asked a number of questions concerning a township's authority to pay a portion of the cost of a street paving project in a rural subdivision, when the initial cost of the public improvement has been levied as a special assessment under N.D.C.C. § 11-11-55.1. I apologize for the delay in responding to you. A township may pay a portion of the cost of a street paving project in

N.D.A.G. Letter to Berg (March 9, 1988) March 9, 1988 Mr. Bradley Berg Hatton City Attorney Onstad Twichell West Caledonia Avenue P.O. Box 207 Hillsboro, ND 58045-0207 Dear Mr. Berg: Thank you for your letter of February 8, 1988, posing three questions as to a proposed water main replacement project within the City of Hatton. I appreciate receiving your legal analysis as well as that of Mr. Lawrence. You first inquire whether the decision to proceed with the water main replacement project is a discretionary decision of the city council or whether the council is obligated to follow th

N.D.A.G. Letter to Brendel (March 8, 1988) March 8, 1988 Mr. John P. Brendel Renville County State's Attorney P.O. Box 398 Mohall, ND 58761 Dear Mr. Brendel: Thank you for your letter of February 4, 1988, in which you ask whether residents of a school district who have signed an annexation petition may request that their names be withdrawn from the petition and whether the county committee may omit such petition signatures from consideration in the annexation proceedings. In your letter you indicate that residents of a school district signed a petition relative to annexation proceeding

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-10 Date issued: March 8, 1988 Requested by: Peter H. Furuseth Williams County State's Attorney - QUESTION PRESENTED - Whether a certificate of acknowledgment appearing on or attached to a document is valid where the certificate contains a non-embossed seal. - ATTORNEY GENERAL'S OPINION - It is my opinion that a certificate of acknowledgment appearing on or attached to a document is valid where the certificate contains

N.D.A.G. Letter to Swanson (March 7, 1988) March 7, 1988 Mr. Howard D. Swanson Office of the Grand Forks City Attorney P.O. Box 1950 Grand Forks, ND 58206 Dear Mr. Swanson: Thank you for your letter of January 27, 1988, wherein you inquire whether or not property held in trust for a park and recreation commission is exempt from taxation pursuant to N.D.C.C. § 57-02-08(3) or § 57-02-08(10). It is my understanding from reading your letter, and the enclosures that you sent with it, that several lots located in the city of Grand Forks and owned by the "Grand Forks State and County Fair As

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-9 Date issued: March 7, 1988 Requested by: Dennis E. Johnson McKenzie County State's Attorney - QUESTIONS PRESENTED - I. Whether a registered land surveyor must conduct the survey and prepare the plat required by N.D.C.C. ' 40-50.1-01. II. Whether N.D.C.C. ' 40-50.1-01 requires that all divisions of land beyond the boundaries of a municipality be surveyed and platted? - ATTORNEY GENERAL'S OPINIONS - I. It is my opinion t

N.D.A.G. Letter to Tornes (March 4, 1988) March 4, 1988 Mr. Gary L. Tornes, Director Central Personnel Division Office of Management & Budget State Capitol Bismarck ND 58505 Dear Mr. Tornes: Thank you for your letter of October 16, 1987, in which you request an opinion concerning the veterans' preference statute. I apologize for taking so long to respond to your request. In your letter you state that the Central Personnel Division's current interpretation of N.D.C.C. § 37-19.1-01(2) is that an individual must first meet the definition of a veteran prior to being considered eligible fo

N.D.A.G. Letter to Hanson (March 1, 1988) March 1, 1988 The Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of November 16, 1987, in which you request my opinion as to whether or not your deputy may act on your behalf on the various boards and commis- sions of which you are a member. I apologize for the delay in responding. This same issue was addressed in an October 1, 1987, letter to Secretary of State Ben Meier. In the letter to Mr. Meier, it was stated that the generally accepted rule is that the deputy is a sub

N.D.A.G. Letter to Schaible (Feb. 26, 1988) February 26, 1988 Mr. Robert Schaible Deputy Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Schaible: Thank you for your letter of February 24, 1988, inquiring as to whether the Virgil Hill fight must be governed by the administrative rules enacted by the Secretary of State. North Dakota law, as found at N.D.C.C. § 53-01-16, states that the Secretary of State shall make rules and regulations to govern the holding of amateur and professional boxing exhibitions within the State of North Dakota. This particular statute is found wit

N.D.A.G. Letter to Person (Feb. 26, 1988) February 26, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of February 17, 1988, in which you request my opinion on whether NDPERS may amend its administrative rules to permit an open enrollment for NDPERS members to repurchase prior service credit and purchase service credit for the time spent in the military or working for a governmental entity that did not participate in NDPERS. At the outset, the distincti

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-8 Date issued: February 26, 1988 Requested by: Robert Hoy, Cass County State's Attorney - QUESTION PRESENTED - Whether a judgment by the United States District Court in favor of the United States which declares that a certain sum is owed and directs foreclosure and sale of certain mortgaged real property within the state of North Dakota but does not specifically reflect that a deficiency judgment has been rende

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-7 Date issued: February 24, 1988 Requested by: Lisa Beckstrom Gibbens Towner County State's Attorney - QUESTION PRESENTED - Whether the provisions of N.D.C.C. ' 57-02-26(1) preclude the assessment of a leasehold interest in real property owned by a governmental entity if the term of the lease is for one year or less. - ATTORNEY GENERAL'S OPINION - It is my opinion that the provisions of N.D.C.C. ' 57-02-26(1) do

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-6 Date issued: February 22, 1988 Requested by: M. K. Heidi Heitkamp, Tax Commissioner - QUESTION PRESENTED - Whether a city may adopt an ordinance requiring bars and lounges, regardless of whether they serve prepackaged food, to collect the city lodging and restaurant tax provided in N.D.C.C. ' 40-57.3-01.1. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city may not adopt an ordinance requiring bars and

N.D.A.G. Letter to Diemert (Feb. 17, 1988) February 17, 1988 Mr. Daniel G. Diemert Diemert Law Office, P.C. 59 First Avenue South P.O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Diemert: Thank you for your letter of February 2, 1988, inquiring as to whether a particular city employee is an officer appointed by the mayor and may be removed only pursuant to N.D.C.C. § 40-08-19. In council cities, the mayor, with the approval of the city council, appoints several officers including a city auditor, assessor, attorney, engineer, and "such other officers as the city council deems necessary an

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-5 Date issued: February 11, 1988 Requested by: Joseph S. Lamb, President The Bank of North Dakota - QUESTIONS PRESENTED - I. Whether the standing appropriation language of N.D.C.C. ' 4-02.1-15, as read in conjunction with the authority of the State Fair Association under N.D.C.C. ' 4-02.1-16 to construct a building, constitutes a proper delegation of authority. II. Whether the standing appropriation language of N.D.C.C. '

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-4 Date issued: February 8, 1988 Requested by: Alan Duppler Mercer County State's Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. ' 50-25.1-11 makes confidential that law enforcement agency information which results from an investigation of child abuse or neglect. II. Whether a person who is the subject of a report of child abuse or neglect waives confidentiality by making the content of that report public. - ATTORNE

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-3 Date issued: February 8, 1988 Requested by: James W. Wold, Griggs County State's Attorney - QUESTION PRESENTED - Whether a county has a duty to furnish, install, or maintain a culvert in a township road at the intersection of a natural watercourse? - ATTORNEY GENERAL'S OPINION - It is my opinion that, absent an agreement to the contrary, a county has no duty to furnish, install, or maintain a culvert in

N.D.A.G. Letter to Elkin (Feb. 5, 1988) February 5, 1988 Ms. Janet A. Elkin Commission Secretary Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Elkin: Thank you for your letter of December 29, 1987, in which you request my opinion as to whether the director of the Office of Management and Budget is required to transfer state contingency funds to the Public Service Commission (PSC) in accordance with the Emergency Commission's decision of October 26, 1987. On that date, the Emergency Commission approved the transfer of $35,729.97 from the state's contingency fund to

N.D.A.G. Letter to Elkin (Feb. 4, 1988) February 4, 1988 Ms. Janet A. Elkin Secretary Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Elkin: Thank you for your letter of January 19, 1988, in which you request my opinion as to the legality of the proposed service contract enclosed with your letter by which the Public Service Commission (PSC) and other states' regulatory agencies retain the services of a private lawyer in Washington, D.C., to represent their interests in a gas price intervention action. Specifically, you inquire as to the legality of PSC's payment obl

N.D.A.G. Letter to Burke (Feb. 4, 1988) February 4, 1988 Ms. Patricia L. Burke Burleigh County State's Attorney 514 East Thayer Bismarck. ND 58501 Dear Ms. Burke: Thank you for your letter of January 15, 1988, concerning the responsibilities and duties of a state's attorney in involuntary commitment hearings brought pursuant to N.D.C.C. § 25-03.1-19. I have had an opportunity to examine the provisions of N.D.C.C. ch. 25-03.1. It appears that N.D.C.C. § 25-03.1-14 is the relevant section pertaining to the responsibility and duty of a state's attorney. That section provides: 25-03.1-14.

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-2 Date issued: February 4, 1988 Requested by: James W. Wold, Griggs County State's Attorney - QUESTION PRESENTED - Whether N.D.C.C. ' 43-17-41 requires a physician or other medical or mental health professional to report injuries or other physical trauma suffered by an intoxicated driver as a result of a motor vehicle accident. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. ' 43-17-41 does require a

N.D.A.G. Letter to Schulz (Feb. 2, 1988) February 2, 1988 Ms. Wendy P. Schulz Stutsman County State's Attorney 511 2nd Avenue SE Jamestown ND 58401 Dear Ms. Schulz: Thank you for your letter of November 16, 1987, in which you request my opinion on several questions regarding the fiscal administration of the Stutsman County library fund. I apologize for the delay in responding to you. I will answer your questions in the order presented. Your first inquiry concerns whether the county treasurer may issue checks from the library fund pursuant to N.D.C.C. § 40-38-02(2) without the invoice

N.D.A.G. Letter to Sillers (Jan. 2 6, 1988) January 26, 1988 Mr. Cameron D. Sillers Cavalier County State's Attorney 901 3rd Street Langdon, ND 58249 Dear Mr. Sillers: Thank you for your December 18, 1987, letter wherein you inquire about the notice of expiration of the period of redemption provisions for real estate sold for taxes. In your letter, you inquire whether the county may give a valid deed to a good faith purchaser who purchased the property at the tax sale where the receipt card attached to the notice of expiration of the redemption period was never returned to the county

N.D.A.G. Letter toPerson (Jan. 21, 1988) January 21, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of January 5, 1988, inquiring as to the applicability of the open meetings law to the North Dakota Public Employees Retirement System Board where that Board considers records of an employee which are statutorily declared to be confidential. This office has had the prior occasion to respond to this issue. I am enclosing a copy of a letter written to the P

N.D.A.G. Letter to McLean (Jan. 21, 1988) January 21, 1988 Mr. Stephen M. McLean Oakes City Attorney P.O. Box 20 Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter of January 6, 1988, wherein you ask whether the Oakes Industrial Development Corporation may use the Oakes City Job Development Authority's four mill levy for the purpose of paying delinquent and future real estate taxes and special assessments levied on real estate owned by the Oakes Industrial Development Corporation. N.D.C.C. ch. 40-57.4 authorizes a city to create a job development authority f

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-1 Date issued: January 18, 1988 Requested by: Nicholas B. Hall Walsh County State's Attorney - QUESTION PRESENTED - Whether an embossed notary seal is required on any document filed with a register of deeds. - ATTORNEY GENERAL'S OPINION - It is my opinion that an embossed notary seal is required on any document filed with a register of deeds unless the notary seal is applied to the document by a notary public

N.D.A.G. Letter to Schaible (Jan. 14, 1988) January 14, 1988 Mr. Robert R. Schaible Deputy Secretary of State Department of State State Capitol Bismarck, ND 58505 Dear Mr. Schaible: Thank you for your letter of November 19, 1987, concerning the issuance of a contractor's license to a partnership. You inquire whether a new license is required should the identity of the partners involved in the partnership change. I apologize for the delay in responding to you. I have learned additional facts concerning your inquiry. There are partnerships to whom a contractor's license has been issued

N.D.A.G. Letter to Solberg (Jan. 12, 1988) January 12, 1988 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your letter of September 16, 1987, requesting any suggestions or proposals I may have as to the definition of "prepared meal" for the purposes of the provision of N.D.C.C. § 5-02-05.2 allowing the Sunday sale of beer and wine. I apologize for the lengthy delay in responding to your letter, but the issue you have raised is a difficult one. As I pointed out to Senator Holmberg in my August 21, 1987 letter, the Legislature

N.D.A.G. Letter to Omdahl (Jan. 12, 1988) January 12, 1988 Honorable Lloyd Omdahl Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Omdahl: Thank you for your letter of October 15, 1987, inquiring whether the Yellowstone-Missouri-Fort Union Commission may expend $9,500 of "operating expenses" appropriated by chapter 54 of the 1987 Session Laws for acquisition of real estate with historic significance in the confluence area. You have also asked whether the $9,500 may be expended for repair and preservation of these structure

N.D.A.G. Letter toPerson (Jan. 11, 1988) January 11, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P. O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of November 30, 1987, in which you request my opinion on two issues. First, you ask whether the North Dakota Public Employees Retirement System's (NDPERS) retirement fund assets have any legal exposure resulting from the financial difficulties experienced by the group health plan for state employees. Second, you ask whether Blue Cross Blue Shield of North Dakota (BCBS) i

N.D.A.G. Letter to Oban (Jan. 8, 1988) January 8, 1988 The Honorable Bill Oban Representative, District 32 616 East Meadow Lane Bismarck, ND 58501 Dear Representative Oban: Thank you for your letter of October 23, 1987. I apologize for the delay in responding to you. Your letter asks for an Attorney General's opinion on two questions which have arisen in the Bismarck Public School District as the result of a petition filed to submit to the qualified electors of the district the question of discontinuing the building fund levy. Your letter indicates that the Bismarck Public School Distr

N.D.A.G. Letter to Neugebauer (Jan. 7, 1988) January 7, 1988 Mr. Brian D. Neugebauer West Fargo City Attorney Ohnstad Twichell West Fargo State Bank Building 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your letter of October 23, 1987, requesting an interpretation of N.D.C.C. § 40-53.2-02. This statute provides a procedure whereby the question of consolidation of cities may be placed before the voters. I apologize for the delay in responding to you. According to N.D.C.C. § 40-53.2-02, the issue of whether a municipal consolidation re

N.D.A.G. Letter to Syverson (Jan. 5, 1988) January 5, l988 Mr. Gayle Syverson Deputy Auditor Office of the State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your September 14, 1987, letter concerning the potential personal liability of the members of political subdivision governing boards. I apologize for the delay in responding to your letter. In your letter you ask three general questions: first, whether the members of city governing boards continue to have potential joint and several liability under N.D.C.C. § 40-40-15 in ligh