North Dakota AG Opinions, 1990

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-04 Date issued: January 23, 1990 Requested by: Senator John M. Olson, District 49 - QUESTION PRESENTED - Whether meetings of the State Bar Board are required by the North Dakota open meetings law to be open to the public. - ATTORNEY GENERAL'S OPINION - It is my opinion that meetings of the State Bar Board are required by the North Dakota open meetings law to be open to the public. - ANALYSIS - Admission

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-03 Date issued: January 19, 1990 Requested by: Governor George A. Sinner - QUESTIONS PRESENTED - I. Whether the Governor is authorized to remove elected state officials. II. Whether the Legislature has otherwise authorized the removal of elected state officials. - ATTORNEY GENERAL'S OPINION - I. The legislature has not authorized the Governor to remove elected state officials. II. Elected state officials not subject to the impea

N.D.A.G. Letter to Splitt (Jan. 15, 1990) January 15, 1990 Mr. Ronald G. Splitt LaMoure County State's Attorney P.O. Box 216 LaMoure, ND 58458-0216 Dear Mr. Splitt: Thank you for your January 9, 1990, letter concerning the management of the jury selection process in each county. N.D.C.C. § 27-09.1-04 requires a Jury Commission to be established in each county to manage the jury selection process. The statute states that the Jury Commission "shall be composed of the clerk of court and a Jury Commissioner appointed for a term of four years by the court." The statute also st

N.D.A.G. Letter to Larson (Jan. 10, 1990) January 10, 1990 Mr. Martin Larson, Chairman Barnes County Social Service Board Barnes County Courthouse Valley City, ND 58072 Dear Mr. Larson: Thank you for your December 26, 1989, letter, requesting my opinion concerning whether the county commission may set the salary and personnel policies for social service employees, and who is responsible to provide legal representation to the Social Service Board. As you point out in your letter, the Attorney General and members of his staff are not authorized to give legal advice or assistance to priva

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-02 Date issued: January 10, 1990 Requested by: Charles J. Peterson Golden Valley County State's Attorney - QUESTION PRESENTED - Whether the tax credit provided for in N.D.C.C. ' 15-27.4-03 applies against the real estate taxes levied on all real property within the district or only on property that is owned by residents. - ATTORNEY GENERAL'S OPINION - It is my opinion that the tax credit provided for in N.D.C.C.

N.D.A.G. Letter to McLean (Jan. 9, 1990) January 9, 1990 Mr. Stephen McLean, Ltd. City Attorney City Hall in Oakes Armory 124 South 5th Street Oakes, ND 58474 Dear Mr. McLean: Thank you for your December 7, 1989, letter requesting my opinion as to whether the city of Oakes may remit the proceeds of a mill levy, imposed pursuant to N.D.C.C. § 40-57.4-04, to Oakes Enhancement, Inc., ("OEI") for paying the principal and interest on mortgage debt incurred to purchase and improve real estate for economic development. It is my opinion that pursuant to N.D.C.C. ch.

N.D.A.G. Letter to Collins (Jan. 9, 1990) January 9, 1990 Mr. Sparb Collins Executive Director NDPERS 400 East Broadway Suite 505 Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your September 15, 1989, letter requesting my opinion on whether the PERS Board can lawfully pay the costs of a dorsal rhizotomy surgical procedure performed for the dependent of a state employee. I apologize for the delay in responding. During the 1987-89 biennium, state employees had the option of enrolling with the PERS self-funded health insurance program (PERS Plan) o

N.D.A.G. Letter to Stastney (Jan. 4, 1990) January 4, 1990 Mr. Ronald C. Stastney Assistant Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Stastney: Thank you for your August 8, 1989, letter inquiring whether the Grand Forks military base district's school board may delegate its power and duty to submit grant applications to various federal and state agencies to another school district. I apologize for the delay in responding to your opinion request. School boards have no powers except those expressly or implicitly

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-01 Date issued: January 4, 1990 Requested by: Tom P. Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether a school principal's authority to inspect juvenile court files is limited to those matters concerning, and to the extent necessary to enforce, the rules and regulations of the North Dakota High School Activities Association. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school principal's

N.D.A.G. Letter to Larson (Jan. 3, 1990) January 3, 1990 Honorable Diane Larson State Representative 413 Cambridge Bismarck, ND 58504 Dear Representative Larson: Thank you for your recent letter requesting an opinion concerning a portion of N.D.C.C. § 5-02-05.1 which allows the issuance of a special Sunday event alcoholic beverage permit. N.D.C.C. § 5-02-05.1(4) states that the special Sunday alcoholic beverage permit may not be issued for gatherings or meetings which, "in the opinion of the governing body of the city or county, are primarily local in nature." In your letter, you note