North Dakota Attorney General Opinions

24 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-08 Date issued: June 12, 1991 Requested by: Wayne O. Solberg Fargo City Attorney - QUESTIONS PRESENTED - I. Whether a municipal court may impose house arrest as an alternative to incarceration under the minimum sentencing provisions of N.D.C.C. ' 39-08- 01(4)(b). II. Whether a municipal court may impose house arrest as an alternative to incarceration under the minimum sentencing provisions of N.D.C.C. ' 39-06- 42(2). - AT

N.D.A.G. Letter to Brudvik (June 11, 1991) June 11, 1991 Mr. William Brudvik Brudvik Law Office 17 Center Avenue North Mayville, ND 58257 Dear Mr. Brudvik: Thank you for your March 28, 1991, letter. You request clarification as to whether N.D.C.C. § 61-21-43.1 applies to private drains or is limited to assessment drains. You also ask whether N.D.C.C. § 61-21-43.1 applies to drains that have been abandoned as the term is defined by the Food Security Act of 1985 and common law. The term "drain" as defined in N.D.C.C. § 61-21-01 and used in N.D.C.C. ch. 61-21, means any natural watercours

N.D.A.G. Letter to Whitman (June 10, 1991) June 10, 1991 Charles C. Whitman Bismarck City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your May 29, 1991, letter concerning whether a political subdivision can issue itself a liquor license. In Egbert v. City of Dunseith , 24 N.W.2d 907 (N.D. 1946), the North Dakota Supreme Court held that the state, counties, and cities were prohibited from engaging in the business of the sale of alcoholic beverages pursuant to N.D. Const. § 185, despite the previous repeal of article XX of the constitution referred to ther

N.D.A.G. Letter to Henegar (June 10, 1991) June 10, 1991 Dale L. Henegar North Dakota House of Representatives 2421 Avenue C East Bismarck, ND 58501 Lloyd Jones, Commissioner Game & Fish Department 100 North Bismarck Expressway Bismarck ND 58505 Dear Representative Henegar and Commissioner Jones: Thank you for your letters of April 1, 1991, and April 3, 1991, in which each of you has requested an opinion as to whether a section of the Governor's proclamation is legal. The proclamation in question provides: Nonlicensees -- No elk or moose licensee hunting in the field during the elk

N.D.A.G. Letter to Hagen (June 10, 1991) June 10, 1991 The Honorable Craig Hagen Commissioner of Labor State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Hagen: Thank you for your May 23, 1991, letter asking my opinion on whether nonpolitical public service announcements made by your office concerning the new minimum wage for North Dakota would violate any statute or rule. A public service announcement is an announcement made by a non-profit, tax exempt, organization through a media outlet that informs the public of benefits concerning health, security, or matte

N.D.A.G. Letter to Emmer (June 10, 1991) June 10, 1991 Mr. Warren R. Emmer Director Division of Parole/Probation P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Emmer: Thank you for your May 13, 1991 letter. It is my opinion that a parolee facing revocation of parole is not necessarily entitled to a preliminary hearing when not in custody. The United States Supreme Court has determined, for federal Constitutional purposes that a preliminary hearing is not required for parolees not in custody. See Moody v. Daggett, 429 U.S. 78, (1976), Gagnon v. Scarpelli , 411 U.S. 778 (1973),

N.D.A.G. Letter to Braun (June 10, 1991) June 10, 1991 Ms. Barbara C. Braun, Director Protection and Advocacy Project 400 East Broadway, Suite 515 Bismarck, ND 58501 Dear Ms. Braun: Thank you for your May 9, 1991, letter requesting my opinion on whether an advocate for the Project who is not licensed to practice law within North Dakota may contact a judge to request clarification of a court order. Your letter indicates that your concern is whether such an action would constitute the unauthorized practice of law. The statutes providing legal proceedings for appointment of a guardian or

N.D.A.G. Letter to Omdahl (May 31, 1991) May 31, 1991 Honorable Lloyd B. Omdahl Lt. Governor State of North Dakota State Capitol Bismarck, ND 58505 Dear Lt. Gov. Omdahl: Thank you for your May 2, 1991, letter requesting my opinion as to the effect of the amendments to N.D.C.C. § 54-36-01 by Senate Bills 2058 and 2205. N.D.C.C. § 1-02-09.1 provides that when the same statute is amended by a session of the Legislature without reference to the other amendment to that statute by the same session, "the amendments are to be harmonized, if possible, so that effect may be given to each." The

N.D.A.G. Letter to Myers (May 23, 1991) May 23, 1991 Earle R. Myers Jr. Richland County State's Attorney Law Enforcement Center 413 - 3rd Ave. N. Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your April 9, 1991, letter concerning the effect of a modification in the channel of the Red River on the boundary between Minnesota and North Dakota. The Red River forms the border between Minnesota and North Dakota. During the 1940s and 1950s, the Corps of Engineers modified the river's channel. The modification resulted in a number of oxbows which left land originally in Minnesota on the No

N.D.A.G. Letter to Kalsch (May 23, 1991) May 23, 1991 Mr. Dwight F. Kalash Assistant City Attorney P.O. Box 1335 Grand Forks, ND 58206-1335 Dear Mr. Kalash: Thank you for your May 17, 1991, letter. In that letter, you have inquired as to whether House Bill 1409 requires that law enforcement agencies provide notice to the principal of the school where a student is enrolled of violations of municipal ordinances equivalent to N.D.C.C. §§ 5-01-08, 19-03.1-23, 39-08-01, or 39-08-18. The portion of House Bill 1409 relevant to your inquiry provides: Law enforcement agencies - Duty to inform

N.D.A.G. Letter to Gorder (May 23, 1991) May 23, 1991 Honorable William E. Gorder State Representative 1345 Lawler Avenue Grafton, ND 58237 Dear Representative Gorder: Thank you for your February 13, 1991, letter which was forwarded to me by the Speaker of the House, Representative Ron Anderson. You ask whether the amendments to House Bill No. 1046 comply with the second paragraph of N.D. Const. art. IV, § 13. The issue raised is whether the amendments changed the original subject matter of the bill. I apologize for the delay in responding. Although you phrase the issue raised

N.D.A.G. Letter to Christensen (May 23, 1991) May 23, 1991 Mr. Lee Christensen, Chairman State Board of Higher Education State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Christensen: I am writing in response to your inquiry regarding the legality of the State Board of Higher Education entering into a lease-purchase agreement with the NDSU Development Foundation for the construction of a new home for the president of NDSU. As is reflected in the Board’s motion, the Board intended that this project be reviewed by me before moving ahead with the proje

N.D.A.G. Letter to Argue (May 21, 1991) May 21, 1991 Mr. Wes Argue Hensel City Attorney Argue & Cook #l Wall Street Hamilton, ND 58238-9988 Dear Mr. Argue: Thank you for your May 9, 1991, letter concerning regulation of a roadway by the City of Hensel. You say the City of Hensel has placed "speed bumps" on a roadway which forms the east boundary line of the city. The roadway is also a township road on the boundary between Lodema and Park Townships. You have asked two questions relating to the city's action: 1. May a city provide for the construction of speed bumps to slow traffic i

N.D.A.G. Letter to Wang (May 20, 1991) May 20, 1991 Mr. James P. Wang Benson County State's Attorney PO Box 211 Minnewaukan, ND 58351 Dear Mr. Wang: Thank you for your March 8, 1991, letter concerning the ad valorem assessments of lands located on the West Bay of Devils Lake. Specifically, you are concerned with certain riparian lands where the owners acquired land in the lake bed under the doctrine of reliction and where the lands subsequently were declared by the federal district court to be subject to the doctrine of submergence. 101 Ranch v. U.S. , 714 F.Supp. 1005 (D.Ct. N.D. 1

N.D.A.G. Letter to Selinger (May 20, 1991) May 20, 1991 Mr. Bruce A. Selinger Slope County State's Attorney P.O. Box 1173 Dickinson, ND 58602 Dear Mr. Selinger: Thank you for your April 26, 1991, letter concerning recording requirements with respect to a personal representative's deed of distribution. You specifically inquired whether N.D.C.C. § 11-18-03(3) applies to a personal representative's deed of distribution. N.D.C.C. § 11-18-03 provides in part: The following instruments may be recorded by the register of deeds without the auditor's certificate referred to in section 11-18-02

N.D.A.G. Letter to Hagen (May 20, 1991) May 20, 1991 The Honorable Craig Hagen Commissioner of Labor State Capitol Building 600 E Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Hagen: Thank you for your May 13, 1991, letter concerning the labor commissioner's responsibility to provide a copy of the minimum wage order to every employer. The statute controlling the answer to your question is N.D.C.C. § 34-06-12. The pertinent provision of that section provides: A copy of such order must be mailed by the commissioner to every employer affected

N.D.A.G. Letter to Burke (May 20, 1991) May 20, 1991 Ms. Patricia L. Burke Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your April 23, 1991, letter requesting my opinion on the legality of a request by the North Dakota Association of Counties (“NDACo”) which was apparently sent to the chairmen of all North Dakota County Commissions. The request concerns the inauguration of Richland County Commissioner Kaye Braaten as president of the National Association of Counties, which

N.D.A.G. Letter to Hagen (May 17, 1991) May 17, 1991 Honorable Craig Hagen Commissioner of Labor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Hagen: Thank you for your April 30, 1991, letter asking whether the 1991 amendment of N.D.C.C. § 34-14-02 by Senate Bill 2498 authorizes an employer to make participation in a direct deposit program a condition of employment. For the reasons stated below, it is my opinion the amendment did not authorize an employer to make participation in a direct deposit program a condition of employment. The amendment to N.D.C.

N.D.A.G. Letter to Ozbun (May 9, 1991) May 9, 1991 Mr. Jim Ozbun President North Dakota State University PO Box 5167 Fargo, ND 58105-5167 Dear Mr. Ozbun: Thank you for your March 26, 1991, letter requesting an opinion concerning the applicability of retirement and health benefits to certain "pool position" employees at North Dakota State University. Eligibility for participation in the North Dakota Retirement Program and the Uniform Group Insurance Program is determined by reference to state statute. To be eligible to participate in eith

N.D.A.G. Letter to O’Connell (May 9, 1991) May 9, 1991 Honorable David O'Connell District 6 RR 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your March 27, 1991, letter requesting my opinion on whether retained earnings of for-profit subsidiaries constitute proceeds or revenues to the nonprofit electric cooperative corporation parent. Your letter states that the nonprofit North Dakota electric cooperative corporation organized pursuant to North Dakota Century Code (N.D.C.C.) chs. 10-13 and 10-15 has two wholly owned subsidiary business corporati

N.D.A.G. Letter to Hagen (May 8, 1991) May 8, 1991 Honorable Craig Hagen Commissioner of Labor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Hagen: Thank you for your April 26, 1991, letter concerning the three classes of employment agency licenses provided for under N.D.C.C. ch. 34-13, and the charging of license fees therefor. N.D.C.C. ch. 34-13 authorizes the Commissioner of Labor to regulate the licensing of private employment agencies in this state. Section 34-13-03 provides for a license application and that the application is to state "the kind of

19 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-07 Date issued: May 1, 1991 Requested by: Representative James O. Coats - QUESTIONS PRESENTED - I. Whether the school board of a public school district may, in appropriate circumstances, deny attendance at one of its schools to a person of school age living in North Dakota with a relative, whose parents are residents of another state. II. Whether a power of attorney executed by a parent under N.D.C.C. ' 30.1-2

N.D.A.G. Letter to Olson (April 26, 1991) April 26, 1991 Mr. Lonnie W. Olson Ramsey County States Attorney Ramsey County Courthouse Box 16 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your April 8, 1991, letter concerning the election of an official newspaper for Ramsey County. You state that no newspaper filed the proper petition to be placed on the 1990 primary election ballot. Two newspapers, the Devils Lake Daily Journal and the Edmore Herald , both of which apparently are qualified to be designated the official county newspaper, received write-in votes at the 1990 pr

N.D.A.G. Letter to McIntee (April 26, 1991) April 26, 1991 Michael S. McIntee McIntee Law Firm Box 90 Towner, ND 58788-0090 Dear Mr. McIntee: Thank you for your April 16, 1991, letter requesting an opinion on several issues relating to the City of Towner and appointment of a temporary president of its board of city commissioners. Towner has a city commission form of government. You state the president of the board of city commissioners submitted his resignation on April 1, 1991, to be effective with the selection of a temporary president. On that date a motion was adopted appointing Co

N.D.A.G. Letter to Freed (April 26, 1991) April 26, 1991 Mr. Robert A. Freed Assistant State's Attorney Stutsman County Courthouse 511 2nd Avenue SE Jamestown, ND 58401 Dear Mr. Freed: Thank you for your February 25, 1991, letter concerning the duty of a state's attorney to enforce a court order requiring a child support obligor to pay a portion of a child's medical expenses. You ask if a state's attorney may seek an order to show cause why the obligor should not be found in contempt based upon evidence that the obligor has not made payment of the child's medical expenses. "'Child su

N.D.A.G. Letter to Hanson (April 16, 1991) April 16, 1991 The Honorable Lyle Hanson 337 15th Avenue NE Jamestown, ND 58401 Dear Representative Hanson: Thank you for your April 8, 1991, letter requesting an opinion as to whether the Game and Fish Department has the authority to require bighorn sheep hunters to attend a specific school prior to hunting bighorn sheep in this state, or whether a statutory enactment would be required for this purpose. Every administrative agency has authority to adopt rules that are in conformity with statutes administered or enforced by the agency. North Da

N.D.A.G. Letter to Kuhn (April 11, 1991) April 11, 1991 Mr. Gerald A. Kuhn Logan County State's Attorney P.O. Drawer 50 Napoleon, ND 58561 Dear Mr. Kuhn: Thank you for your March 4, 1991, letter concerning the participation of the multi-county district judge in the Logan County retirement plan. You ask whether the county judge has an absolute right to participate in the Logan County retirement plan. In addition to the information you provided, I received other information including some of the budget documents presented to the multi-county court committee, and various pieces of corresp

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-06 Date issued: April 5, 1991 Requested by: Michael E. Keller Walsh County State's Attorney - QUESTION PRESENTED - Whether the requirements of N.D.C.C. '' 16.1-01-10 and 16.1-11-11 conflict with article III, section 10 of the North Dakota Constitution. - ATTORNEY GENERAL'S OPINION - It is my opinion that the requirements of N.D.C.C. '' 16.1-01-10 and 16.1-11-11 do not conflict with the requirement in article III, secti

N.D.A.G. Letter to Peterson (April 1, 1991) April 1, 1991 Mr. Robert W. Peterson State Auditor State Capitol 600 E Boulevard Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your February 14, 1991, letter concerning bonds of North Dakota, real estate series, which have been issued pursuant to N.D.C.C. ch. 54-30. Your 40 questions concern the real estate bond sinking fund the ("Fund") established pursuant to N.D.C.C. § 54-30-14. The Bank of North Dakota (the "Bank") is required to deposit all monies paid on mortgages assigned by the Bank pursuant to N.D.C.C. ch. 54-30 as securit

N.D.A.G. Letter to Koppy (March 26, 1991) March 26, 1991 Mr. Allen Koppy Morton County State's Attorney 210 Second Avenue NW Mandan, ND 58554 Dear Mr. Koppy: Thank you for your March 7, 1991, letter requesting my opinion on whether the Morton County Board of Commissioners can legally call a special election for the electorate to vote on imposing a county-wide tax for Emergency 911 service. In your letter you state that the electorate defeated a similar provision presented on the general election ballot in November, 1990. You further state that the Board of Commissioners now desires to e

N.D.A.G. Letter to Collins (March 26, 1991) March 26, 1991 Mr. Sparb Collins Executive Director North Dakota Public Employees Retirement System Norwest Bank Building P.O. Box 1214 Bismarck ND 58502 Dear Mr. Collins: Recently Blue Cross/Blue Shield of North Dakota offered to lower its bid price for the contract for fully insured insurance with the Public Employees Retirement System (PERS). You have asked whether it is permissible for PERS and Blue Cross/Blue Shield to engage in post-bid negotiations to consider this offer. N.D.C.C. §§ 54-52.1-04 and 54-52.1-02 req

N.D.A.G. Letter to Haskell (March 25, 1991) March 25, 1991 Mr. Bruce Haskell Assistant State's Attorney Burleigh County Courthouse 514 East Thayer Bismarck, ND 58501 Dear Mr. Haskell: Thank you for your letter dated December 20, 1990, concerning problems experienced by respondents' attorneys in obtaining information about their clients from hospitals and treatment facilities in connection with involuntary commitment proceedings. The facilities most often advise that they are prohibited from disclosing records by 42 C.F.R. pt. 2 (1989) relating to confidentiality of alcohol and drug abu

N.D.A.G. Letter to Torkelson (Mar. 19, 1991) March 19, 1991 Ms. Merle A. Torkelson State's Attorney McLean County McLean County Courthouse Box 86 Washburn, ND 58577 Dear Ms. Torkelson: Thank you for your March 7, 1991, letter requesting an opinion as to whether a petitioner for annexation may include federal land so that the petitioner's land is "contiguous" to the school district to which the petitioner seeks to annex. N.D.C.C. § 15-27.2-01 states: Annexation of contiguous territory to school district - Petition. Territory contiguous to a public school district, whether in the sa

N.D.A.G. Letter to Mehrer (March 18, 1991) March 18, 1991 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58602-0130 Dear Mr. Mehrer: Thank you for your February 8, 1991, letter requesting my opinion concerning the application of N.D.C.C. § 14-09-08.2 to modifications of judgments or orders. N.D.C.C. § 14-09-08.2 is the codification of section 1 of 1989 Senate Bill No. 2356. That section provides: 14-09-08.2. Modification of support for children after majority. 1. In the absence of a written agreement to the contrary entered into after July 1, 1989,

N.D.A.G. Letter to Nelson (March 15, 1991) March 15, 1991 Honorable Gary Nelson North Dakota Senate State Capitol Bismarck, ND 58505 Dear Senator Nelson: Thank you for your February 15, 1991, letter requesting for Senator Donna Nalewaja an opinion regarding a procedure used at a meeting of the North Dakota State Board of Higher Education (hereafter Board). At its January 11, 1990, meeting, the Board had before it a motion that the per credit hour charge at North Dakota State University (hereafter NDSU) be approved for the summer of 1990. It was then moved by one Board member and seco

N.D.A.G. Letter to Wilkes (March 14, 1991) March 14, 1991 Mr. Richard C. Wilkes Burke County State's Attorney P.O. Box 190 Bowbells, ND 58721-0190 Dear Mr. Wilkes: Thank you for your February 15, 1991, letter asking whether the board of county commissioners can change the priority of road projects which will be constructed under a schedule approved by the county electorate pursuant to North Dakota Century Code § 57-15-06.3, without violating the holding in 1984 N.D. Op. Att'y Gen. 1 (copy attached). Your subsequent March 7, 1991, letter clarified your original inquiry by eliminating th

N.D.A.G. Letter to Iverson (March 14, 1991) March 14, 1991 Mr. Jerry Iverson Manager North Dakota State Fair P.O. Box 1796 Minot, ND 58702 Dear Mr. Iverson: Thank you for your February 8, 1991, letter requesting my opinion as to whether the State Fair is required to pay fees to the Rural Fire Department. In your letter you state that the Rural Fire Department has asked you to pay an annual fee and to make payments for prior years. You further state that the city of Minot now provides protection for the State Fair facilities and that the State Fair has never received services from the R

N.D.A.G. Letter to Mehrer (March 13, 1991) March 13, 1991 Mr. O wen K. Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your December 20, 1990, letter requesting my opinion concerning the effect filing a bankruptcy petition has on a child support income withholding order entered pursuant to N.D.C.C. § 14-09-09.11. You also ask if the effect varies according to the chapter under which the bankruptcy petition is filed. Child support obligations are not subject to discharge under any chapter of the Bankruptcy

13 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-05 Date issued: March 13, 1991 Requested by: James T. Odegard Grand Forks County State's Attorney - QUESTIONS PRESENTED - I. Whether a township can split mill levies levied for an airport a uthority between two different airport authorities. II. Whether a township may withdraw its financial support of a regional airport authority without the consent of the other municipalities included in the regional authority and the

11 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-04 Date issued: March 6, 1991 Requested by: Charles R. Isakson Hazen City Attorney - QUESTION PRESENTED - Whether a city job development authority has the power to use tax levy fund moneys to assist in a project located outside the city limits. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city job development authority may use tax levy fund moneys for projects located outside the city limits if

N.D.A.G. Letter to McLean (March 5, 1991) March 5, 1991 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your February 6, 1991, letter requesting my opinion on whether a township may provide garbage collection either using township funds or charging a fee for the service. North Dakota Century Code chapter 58-03 governs the powers of a township. "No township shall possess or exercise any corporate powers except those enumerated in this chapter, those specially given by law, and those necessary to the exercise of the po

N.D.A.G. Letter to Vogel (Feb. 20, 1991) February 20, 1991 Honorable Sarah M. Vogel Commissioner of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0020 Dear Commissioner Vogel: Thank you for your January 29, 1991, letter concerning whether a memorandum of agreement between your department and the Agricultural Products Utilization Commission violates N.D.C.C. § 54-44.1-09. N.D.C.C. § 54-44.1-09 states: 54-44.1-09. All expenditures must be appropriated. All expenditures of the state and of its budget units of moneys drawn from the state treasur

N.D.A.G. Letter to Sinner (Feb. 20, 1991) February 20, 1991 The Honorable George A. Sinner Governor State of North Dakota State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your January 9, 1991, letter in which you request my opinion as to whether the employees of the Governor's Employment and Training Forum are state employees. There is no provision in state law which specifically addresses the question you have posed. However, there are a number of relevant factors and statutes which can be considered in determining whether the employees

N.D.A.G. Letter to Solberg (Feb. 19, 1991) February 19, 1991 Honorable Ken Solberg Senate Chambers State Capitol 600 E Boulevard Bismarck, ND 58505 Dear Senator Solberg: Thank you for your January 31, 1991, letter requesting my opinion on the expenditure of funds to support or oppose initiated and referred measures. Specifically, you have raised the following questions: 1. Is it lawful for the Association of Counties to expend moneys and use the resources of the Association to support or oppose initiated and referred measures? 2. Does the contribution o

N.D.A.G. Letter to Nelson (Feb. 19, 1991) February 19, 1991 Honorable Gary Nelson Senate Minority Leader Senate Chambers State Capitol Bismarck, ND 58505 Dear Senator Nelson: Thank you for your January 24, 1991, letter requesting my opinion as to whether the provision of Senate Bill No. 2058 authorizing the Statewide Nonprofit Development Corporation (to be renamed the "North Dakota Economic Development Corporation") to take equity positions in businesses in North Dakota is in violation of any provision of the North Dakota Constitution. I have reviewed Senate Bill No. 2058 and presume

N.D.A.G. Letter to Furuseth (Feb. 19, 1991) February 19, 1991 Mr. Peter H. Furuseth State's Attorney Williams County P.O. Box 2047 Williston, ND 58802-2046 Dear Mr. Furuseth: Thank you for your January 28, 1991, letter in which you have presented several questions concerning execution and garnishment procedures. You first ask whether an execution on a judgment can be issued to any person other than the sheriff of the county. N.D.C.C. § 28-21-06 sets forth the requirements for the issuance and contents of an execution. This section specifically requires that the execution be directed a

N.D.A.G. Letter to Ficek (Feb. 19, 1991) February 19, 1991 Mr. Vince H. Ficek City Attorney 41 First Avenue W Dickinson, ND 58602-0866 Dear Mr. Ficek: Thank you for your January 5, 1991, letter requesting my opinion on whether a person who is already an elected official can be appointed as president of the board of city commissioners. Specifically, you request my opinion on whether someone currently serving in an elected position with the West River Water Supply District can also hold the position of president of the board of city commissioners for the city of Dickinson, by appointment