North Dakota Attorney General Opinions

OPEN RECORDS AND MEETINGS OPINION 2017-O-03 DATE ISSUED: May 12, 2017 ISSUED TO: Devils Lake City Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Eric Arndt (KZZY Radio), Chuck Wickenhofer (Devils Lake Journal), and April Baumgarten (Grand Forks Herald) asking whether the Devils Lake City Commission violated N.D.C.C. § 44-04-19 by holding an unauthorized executive session. FACTS PRESENTED The Devils Lake City Commission (Commission) held a regular meeting on April 3, 2017. 1 During the meet

OPEN RECORDS AND MEETINGS OPINION 2017-O-02 DATE ISSUED: May 12, 2017 ISSUED TO: Glen Ullin City Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kevin Kloosterman asking whether the Glen Ullin City Council violated N.D.C.C. §§ 44-04-19 and 44-04-20 by failing to notice a public meeting. FACTS PRESENTED The Glen Ullin City Council held a regular meeting on March 13, 2017. 1 During the meeting, the Council voted unanimously to rent a DuraPatcher for one month beginning May 1, 2017, with a rental purchas

LETTER OPINION 2017-L-03 May 12, 2017 Mr. Roger Kluck, President State Board of Registration for Professional Engineers and Land Surveyors PO Box 1357 Bismarck, ND 58502-1357 Dear Mr. Kluck: Thank you for your letter requesting an Attorney General’s opinion on whether N.D.C.C. § 43-19.1-30 makes it unlawful for a county recorder to file or record any map, plat, survey, or other document within the definition of land surveying, if the document does not include the personal signature and seal of a registered professional land surveyor who prepared it, even if the map, plat, survey, or o

LETTER OPINION 2017-L-02 May 5, 2017 Mr. Erik R. Johnson Fargo City Attorney 505 Broadway St N Ste 206 Fargo, ND 58102 Dear Mr. Johnson: Thank you for your April 11, 2017, letter requesting my opinion on a matter regarding the recall of elected officials of political subdivisions. ANALYSIS North Dakota Century Code § 44-08-21 sets forth the process to follow to recall elected officials of political subdivisions that are not subject to recall under Article III of the North Dakota Constitution. 1 Recall petitions must be filed with the relevant filing officer. 2 “Except as otherwise

OPEN RECORDS AND MEETINGS OPINION 2017-O-01 DATE ISSUED: March 10, 2017 ISSUED TO: University of North Dakota CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Steve Wagner, editor of the Grand Forks Herald, asking whether the University of North Dakota violated N.D.C.C. § 44-04-18 by refusing to provide copies of requested records. FACTS PRESENTED On February 19, 2016, the University of North Dakota (UND) contracted with SME, Inc. (SME), to design “an original graphic identity to compliment UND’s Fightin

Opinion modified by subsequent amendment to N.D.C.C. § 40-63-01(2)(g). LETTER OPINION 2017-L-01 February 3, 2017 Mr. Richard J. Riha Burleigh County State’s Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter requesting my opinion whether the Department of Commerce’s program guidelines for the Renaissance Zone Program have the force and effect of law. For the following reasons, it is my opinion that the Renaissance Zone program guidelines issued by the Department of Commerce do not have the force and effect of law, and that the Department of Com

LETTER OPINION 2016-L-04 December 30, 2016 The Honorable George J Keiser State Representative, District 47 422 Toronto Dr Bismarck, ND 58503-0276 Dear Representative Keiser: Thank you for your letter requesting my opinion on the effect the recently passed constitutional provision in Article I, section 25, known as “Marsy’s Law” has on the open records law and whether the amendment prevents the disclosure of certain records by public entities. Specifically you ask: 1. Can state and local public entities release motor vehicle crash reports to the public without violating Article

OPEN RECORDS AND MEETINGS OPINION 2016-O-23 DATE ISSUED: December 29, 2016 ISSUED TO: North Valley Arts Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Sam Easter with the Grand Forks Herald asking whether North Valley Arts Council violated N.D.C.C. § 44-04-19 when it asked a reporter to leave a meeting. FACTS PRESENTED The North Valley Arts Council (NoVAC) is a public entity that “supports and promotes arts and culture for the artists, art s organizations, and citizens of Greater Grand Forks.” 1 The NoVAC Board

LETTER OPINION 2016-L-03 December 15, 2016 The Honorable David Rust The Honorable Robert Erbele State Senator State Senator PO Box 1198 6512 51st Ave SE Tioga, ND 58852-1198 Lehr, ND 58460-9149 Dear Senator Rust and Senator Erbele Thank you for your letter requesting my opinion on whether fee payments made by the Board of University and School Lands (Board) under N.D.C.C. § 15-04-23 constitute a payment in lieu of tax, and consequently whether such fee payments trigger a leasehold tax exemption for a nonexempt lessee of state lands. Under N.D.C.C. § 57-02- 03, “[a]ll property

OPEN RECORDS AND MEETINGS OPINION 2016-O-22 DATE ISSUED: December 14, 2016 ISSUED TO: Fargo City Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dave Roepke, news director of The Forum, asking whether the Fargo City Commission violated N.D.C.C. § 44-04-19.2(2)(e) by taking final action in an executive session. FACTS PRESENTED The Fargo City Commission held a special meeting on June 1, 2016. 1 During the meeting, the Commission held an executive session to discuss the possible acquisition of a south Fargo prope

LETTER OPINION 2016-L-02 November 23, 2016 The Honorable Kelly Schmidt State Treasurer 600 E Boulevard Avenue Bismarck, ND 58505 Dear Ms. Schmidt: Thank you for your letter requesting my opinion on whether the North Dakota legacy fund (legacy fund) earnings accruing from its inception through June 30, 2017, may be expended by the Legislature with a simple majority vote. You indicate that while N.D. Const. art. X, § 26 clearly sets forth the treatment and spending limitations applicable to expenditures of principal and earnings of the legacy fund accruing subsequent to June 30, 2017

OPEN RECORDS AND MEETINGS OPINION 2016-O- 21 DATE ISSUED: September 23, 2016 ISSUED TO: South Heart City Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Troy Edin asking whether the South Heart City Council violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The South Heart City Council holds regular meetings on the first Monday of each month at 7:00 p.m., unless that day is a holiday, in which case the regular meeting is rescheduled to accommodate the Council’s schedules. 1

OPEN RECORDS AND MEETINGS OPINION 2016-O-20 DATE ISSUED: September 23, 2016 ISSUED TO: City of Cooperstown CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ron Dahl asking whether the City of Cooperstown violated N.D.C.C. § 44-04-18 by charging excessive fees for copies of requested records. FACTS PRESENTED On May 12, 2016, Ron Dahl sent an email to the auditor of the City of Cooperstown, explaining he was writing an article on Renaissance Zones in North Dakota and wanted to receive a copy “of all the meeting minutes” of t

OPEN RECORDS AND MEETINGS OPINION 2016-O-19 DATE ISSUED: September 23, 2016 ISSUED TO: Williston City Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Greg Hennessy asking whether Williston City Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by meeting without providing notice. FACTS PRESENTED On January 26, 2016, during a regular meeting, the Williston City Commission passed amendments to three ordinances affecting adult entertainment establishments and the sale of alcohol in such establishments

OPEN RECORDS AND MEETINGS OPINION 2016-0-18 DATE ISSUED: August 26, 2016 ISSUED TO: Center 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 Delwayne Hoefs asking whether the Center Township Board of Supervisors violated N.D.C.C. § 44-04-20 by failing to provide proper notice for two meetings. FACTS PRESENTED The Center Township Board of Supervisors (Board) does not hold regular meetings but holds meetings as deemed appropriate and necessary.’ The Board held one such meeting on March 2, 2016.” Prior

OPEN RECORDS AND MEETINGS OPINION 2016-O-17 DATE ISSUED: August 11, 2016 ISSUED TO: Lidgerwood Rural District Ambulance Service Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Candee Werth asking whether the Lidgerwood Rural District Ambulance Service Board violated N.D.C.C. § 44-04-18 by unreasonably delaying access to requested records and N.D.C.C. § 44-04-20 by failing to properly post notice of meetings. FACTS PRESENTED The Lidgerwood Rural District Ambulance Service Board (Board) held

OPEN RECORDS AND MEETINGS OPINION 2016-O-16 DATE ISSUED: July 27, 2016 ISSUED TO: City of Bisbee CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Robert Fleming asking whether the City of Bisbee violated N.D.C.C. §§ 44-04-20 and 44-04-21 by failing to provide notice or take minutes of a special meeting. FACTS PRESENTED During its February 29, 2016, regular meeting, the Bisbee City Council (Council) voted to terminate the employment of a city maintenance worker. 1 The maintenance worker was not in attendance at the meeting,

OPEN RECORDS AND MEETINGS OPINION 2016-O-15 DATE ISSUED: July 27, 2016 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 Dave Roepke, news director for The Forum , asking whether the Fargo Park District's Board of Commissioners violated N.D.C.C. § 44-04-20 by failing to provide proper notice of selection committee meetings. FACTS PRESENTED On January 5, 2016, the Fargo Park District's (District) Board of Commissioners (Board) 1 issued a news release regarding a soon to

OPEN RECORDS AND MEETINGS OPINION 2016-O-14 DATE ISSUED: July 26, 2016 ISSUED TO: McKenzie County Ambulance Service Board of Directors CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Megan Brown asking whether the McKenzie County Ambulance Service Board of Directors violated N.D.C.C. § 44-04-20 by failing to properly post notice of a meeting. FACTS PRESENTED The McKenzie County Ambulance Service Board of Directors (Board) is comprised of seven members and holds meetings every month at the Good Shepard Nursing Home. 1 A sc

OPEN RECORDS AND MEETINGS OPINION 2016-O-13 DATE ISSUED: July 26, 2016 ISSUED TO: Griggs County Commission 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 Griggs County Commission violated N.D.C.C. § 44-04-19.2 by failing to follow proper procedure before proceeding into an executive session and holding an unauthorized executive session. FACTS PRESENTED The Griggs County Commission held a regular meeting on February 19, 2016. 1 During the meeting, the Commission held an executive session that

OPEN RECORDS AND MEETINGS OPINION 2016-O-12 DATE ISSUED: July 26, 2016 ISSUED TO: Sargent County Social Service Board CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Michael Geiermann, on behalf of Wendy Jacobson, asking whether the Sargent County Social Service Board violated N.D.C.C. § 44-04-19.2 by failing to properly convene in an executive session and holding unauthorized executive sessions. FACTS PRESENTED The Sargent County Social Service Board (Board) held a meeting on January 5, 2016. 1 The day before the meeting

LETTER OPINION 2016-L-01 July 26, 2016 The Honorable Ray Holmberg State Senator 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for asking whether the Circle of Friends Humane Society can require a vote of its patron members for an election of the organization’s Board of Directors by signed ballot, or whether such an action requires a recorded roll call vote. It is my opinion that North Dakota Century Code § 44-04-21(1), requiring a recorded roll call vote for any nonprocedural matters during a public meeting, is applicable only to a governing bo

OPEN RECORDS AND MEETINGS OPINION 2016-O-11 DATE ISSUED: June 29, 2016 ISSUED TO: Williston City Commission 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 Williston City Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding meetings that were not preceded by notice. FACTS PRESENTED On September 23, 2015, the Williston Herald featured an article on the Williston City Commission’s (Commission) discussion on sunsetting crew camps held during a regular Commission mee

OPEN RECORDS AND MEETINGS OPINION 2016-O-10 DATE ISSUED: May 4, 2016 ISSUED TO: North Dakota University Systems CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Timothy Carlson asking whether the North Dakota University System violated N.D.C.C. § 44-04-18 by failing to respond to a request for records within a reasonable time. 1 FACTS PRESENTED On December 7, 2015, Timothy Carlson, former Chief Auditor with the North Dakota University Systems (NDUS), sent the following records request via email to Rebecca

OPEN RECORDS AND MEETINGS OPINION 2016-O-09 DATE ISSUED: May 2, 2016 ISSUED TO: Kensal 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 Shane Ede asking whether the Kensal School Board violated N.D.C.C. § 44-04-20 by failing to notice committee meetings and N.D.C.C. § 44-04-21(2) by failing to take minutes of the committee meetings. FACTS PRESENTED The Kensal School Board (Board) has been exploring options for consolidating its school district with the neighboring school district of Midkota. 1 During a Board

OPEN RECORDS AND MEETINGS OPINION 2016-O-08 DATE ISSUED: April 25, 2016 ISSUED TO: City of Golva CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Volesky asking whether the City of Golva violated N.D.C.C. § 44-04-18 by unreasonably delaying access to public records. FACTS PRESENTED Richard Volesky sent an email to the City of Golva on December 10, 2015, asking for a copy of Golva’s 2 016 final budget and tax levy records. 1 Mr. Volesky sent a follow up request for these records by mail on December 14, 2015. 2 A

OPEN RECORDS AND MEETINGS OPINION 2016-O-07 DATE ISSUED: April 19, 2016 ISSUED TO: Flasher City Commission: CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Stewart Merritt asking whether the Flasher City Commission violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Flasher City Commission held a regular meeting on December 9, 2015. 1 A quorum of the Commission was not present so it was announced the meeting would be rescheduled for December 15, 2015. 2 Stewart Merrit

OPEN RECORDS AND MEETINGS OPINION 2016-O-06 DATE ISSUED: April 19, 2016 ISSUED TO: Southeast Senior Services Council, Inc., Wahpeton Harmony Senior Citizens Club, Inc., and Richland County Council on Aging, Inc. CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Bruce Eckre asking whether the Southeast Senior Services Council, Inc., Wahpeton Harmony Senior Citizens Club, Inc., and Richland County Council on Aging, Inc. violated N.D.C.C. §§ 44-04-20 and 44-04-21 by failing to properly notice mee

OPEN RECORDS AND MEETINGS OPINION 2016-O-05 DATE ISSUED: March 23, 2016 ISSUED TO: Washburn City Commission: CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Duane Bauer asking whether the Washburn City Commission violated N.D.C.C. § 44-04-20 by holding committee meetings without providing notice. FACTS PRESENTED At a special meeting of the Washburn City Commission (Commission) on August 31, 2015, a motion was passed to advertise for bids for the 2016 garbage contract for the City of Washburn residential and commercial garb

OPEN RECORDS AND MEETINGS OPINION 2016-O-04 DATE ISSUED: March 15, 2016 ISSUED TO: North Dakota Department of Health - State Health Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Don Morrison and Darrell Dorgan asking whether the State Health Council violated N.D.C.C. § 44-04-20 by failing to provide sufficient notice of a public meeting. FACTS PRESENTED The North Dakota Department of Health (DOH) – State Health Council (Health Council) held a meeting on August 11, 2015. 1 It was “around

OPEN RECORDS AND MEETINGS OPINION 2016-O-03 DATE ISSUED: January 25, 2016 ISSUED TO: North Dakota State University Alumni Association and Development Foundation: CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Matthew Von Pinnon, editor of The Forum, asking whether the North Dakota State University Alumni Association and Development Foundation violated N.D.C.C. § 44-04-18 by refusing to provide records in the possession of their agent. FACTS PRESENTED The North Dakota State University (NDSU) Alu

OPEN RECORDS AND MEETINGS OPINION 2016-O-02 DATE ISSUED: January 13, 2016 ISSUED TO: Langdon City Commission: CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lori Peterson, publisher of Cavalier County Republican, asking whether the Langdon City Commission violated N.D.C.C. §§ 44-04-20 and 44-04-19.2 by failing to properly post notice and holding unauthorized executive sessions. FACTS PRESENTED The Langdon City Commission holds regular meetings on the second and fourth Monday of every month at 6:00 pm at City H

OPEN RECORDS AND MEETINGS OPINION 2016-O-01 DATE ISSUED: January 12, 2016 ISSUED TO: South Central Dakota Regional Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Chris Olson asking whether the Executive Board of the South Central Dakota Regional Council violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by failing to follow proper procedure before entering into executive sessions and by holding unauthorized executive sessions. FACTS PRESENTED The South Central Dakota Regional Counci

LETTER OPINION 2015-L-10 December 31, 2015 The Honorable Ben Hanson House of Representatives District 16 921 31st Ave W West Fargo, ND 58078-8265 Dear Representative Hanson: Thank you for your letter requesting my opinion on whether local governing bodies may permit the serving of alcoholic beverages between 11 a.m. and noon on Sundays. For the following reasons, it is my opinion that local governing bodies may permit the serving of alcoholic beverages between 11:00 a.m. and noon on Sundays. ANALYSIS Before the 2015 legislative session, state law did not allow alcoholic beverages to

LETTER OPINION 2015-L-09 December 17, 2015 Ms. Jolene Kline Executive Director Housing Finance Agency 2624 Vermont Avenue Bismarck, ND 58504 Dear Ms. Kline: Thank you for your letter raising several questions about the proper interpretation of N.D.C.C. § 57-02-08(43) relating to the tax exempt status of residential rental property used as affordable housing. Specifically, you asked several questions about the certification requirements of the Housing Finance Agency to a county director of tax equalization that a residential rental property is eligible for a propert

LETTER OPINION 2015-L-08 December 10, 2015 Mr. Richard J. Riha Burleigh County State’s Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter requesting my opinion on whether a driver’s license qualifies as a valid form of voter identification if the Department of Transportation (DOT) has accepted a change of address for the license holder but the license card does not reflect the updated address for the licensee. You also ask whether a voter who has updated a residential address online through the Department of Transportation but who has not obt

LETTER OPINION 2015-L-07 October 29, 2015 The Honorable Rich Wardner State Senator 1042 12th Ave W Dickinson, ND 58601-3654 Dear Senator Wardner: Thank you for asking whether a public entity, specifically the North Dakota State Board of Dental Examiners, may hire a lobbyist with public funds if the authority to hire a lobbyist is not specifically provided by law. It is my opinion that a state agency or political subdivision may not use public funds to hire a lobbyist unless such authority is specifically provided for by statute or if the state agency or political subdivision has author

LETTER OPINION 2015-L-06 October 21, 2015 The Honorable Kim Koppelman State Representative 513 1st Ave NW West Fargo, ND 58078-1101 Dear Representative Koppelman: Thank you for your letter asking for my opinion on whether N.D.C.C. § 57-02-08(9) is being improperly interpreted as a limitation on the constitutional property tax exemption for religious property contained in N.D. Const. art. X, § 5. Based on the long-term position of this office that article X, section 5 of the North Dakota Constitution is self-executing and that the exemption is effective regardless of statutory authorit

OPEN RECORDS AND MEETINGS OPINION 2015-O-17 DATE ISSUED: October 19, 2015 ISSUED TO: City of Dickinson: CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from attorney Peter Welte, on behalf of his clients, Jan Prchal and Dean Kubas, asking whether the City of Dickinson violated N.D.C.C. § 44-04-18 by failing to produce records within a reasonable time. FACTS PRESENTED On November 13, 2014, Jan Prchal emailed the Dickinson City Engineer requesting a copy of a watershed study believed to be completed by Apex Engineering Group (Ape

OPEN RECORDS AND MEETINGS OPINION 2015-O-16 DATE ISSUED: October 19, 2015 ISSUED TO: Stark County CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Stacy Dufault asking whether Stark County violated N.D.C.C. § 44-04-18 by requiring a requestor to provide an appropriate medium to receive a copy of an audio recording of a public meeting and by failing to provide requested records. Ms. Dufault also asks whether the Stark County Commissioners violated N.D.C.C. §§ 44-04-19.2 and 44-04-20 by failing

OPEN RECORDS AND MEETINGS OPINION 2015-O-15 DATE ISSUED: October 12, 2015 ISSUED TO: Morton County Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Steve Wallick, editor of the Bismarck Tribune, asking whether the Morton County Commission violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by failing to vote before proceeding into an executive session, by holding an unauthorized executive session, and by taking final action in executive session. FACTS PRESENTED On July 9, 2015, the Morton County Commission (Commission)

LETTER OPINION 2015-L-05 September 25, 2015 The Honorable Donald Schaible State Senator 9115 Highway 21 Mott, ND 58646-9200 Dear Senator Schaible: Thank you for your letter asking several questions related to the discontinuance of a county job development authority. This office has previously determined that a county job development authority may be discontinued by either a resolution of the board of county commissioners, or by petition and election. Also, the method of discontinuance does not affect how the remaining job development authority funds can be used. Finally, for the r

OPEN RECORDS AND MEETINGS OPINION 2015-O-14 DATE ISSUED: August 14, 2015 ISSUED TO: North Dakota State Board of Dental Examiners CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Rod St. Aubyn, on behalf of the North Dakota Dental Hygienists’ Association, asking whether the North Dakota State Board of Dental Examiners violated N.D.C.C. § 44-04-18 by failing to produce all records responsive to a request and N.D.C.C. § 44-04-19 by holding meetings by email. FACTS PRESENTED On February 3, 2015, Judy Bernat, preside

OPEN RECORDS AND MEETINGS OPINION 2015-O-13 DATE ISSUED: August 7, 2015 ISSUED TO: Pembina County Water Resource District Board of Managers CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Randall Emanuelson asking whether the Pembina County Water Resource District Board of Managers violated N.D.C.C. §§ 44-04-19.2 and 44-04-20 by improperly noticing executive sessions, failing to describe the general subject matter and legal authority for holding the executive sessions, and holding unauthorized executive sessi

OPEN RECORDS AND MEETINGS OPINION 2015-O-12 DATE ISSUED: August 6, 2015 ISSUED TO: Garrison-Max Ambulance District Board of Directors: CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Sara Odden asking whether the Garrison-Max Ambulance District Board of Directors violated N.D.C.C. §§ 44-04-19 and 44-04-20 by failing to properly notice meetings and holding meetings that were not preceded by public notice. FACTS PRESENTED The Garrison-Max Ambulance District Board of Directors (Board) holds monthly meetings

OPEN RECORDS AND MEETINGS OPINION 2015-O-11 DATE ISSUED: August 6, 2015 ISSUED TO: Bismarck 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 Nick Archuleta asking whether Bismarck Public School properly redacted attorney billing statements under N.D.C.C. § 44-04-19.1(1) and (6) as “ attorney work product. ” FACTS PRESENTED On February 25, 2015, Nick Archuleta, President of North Dakota United, requested records from Bismarck Public School District’s (School District) Superintendent, Tamara Uselman,

LETTER OPINION 2015-L-04 June 4, 2015 Mr. Sparb Collins Public Employees Retirement System PO Box 1657 Bismarck, ND 58502-1657 Mr. Dave Hunter Retirement and Investment Office PO Box 7100 Bismarck, ND 58507-7100 Dear Mr. Collins and Mr. Hunter: Thank you for your letter requesting my opinion on whether and to what extent the North Dakota Public Employees Retirement System and the North Dakota Retirement and Investment Office are authorized to make expenditures during the 2015-2017 biennium, without a biennial appropriation approved by the Legislature. For the following reasons, it