North Dakota Attorney General Opinions

N.D.A.G. Letter to Sinner (May 22, 1990) May 22, 1990 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your May 8, 1990, letter requesting my reconsideration of N.D. Op. Att'y Gen. 90-07. I have had my staff review the opinion and further research the issues. Their research essentially confirmed the original opinion. As you stated in your May 8, 1990, letter to Ms. Martin-Kekahbah, my opinion recognized that the Tribe is, in most cases, viewed as an independent sovereign able to regulate its own activiti

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-07 Date issued: May 22, 1990 Requested by: Dr. Robert M. Wentz State Health Officer - QUESTIONS PRESENTED - I. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must receive a certificate of need from the State of North Dakota to establish a nursing home lawfully on the Turtle Mountain Reservation. II. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must comply with North Dakot

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-13 Date issued: May 21, 1990 Requested by: Public Service Commission - QUESTIONS PRESENTED - I. Whether the Public Service Commission (PSC) may adjust a performance bond amount using the cost estimated for reclamation work yet to be performed, in addition to the percentage release procedure of N.D.C.C. ' 38-14.1-17(7). II. Whether public notice of a bond adjustment is required. - ATTORNEY GENERAL'S OPINION - I. It is my

N.D.A.G. Letter to Reichert (May 17, 1990) May 17, 1990 Mr. Ronald A. Reichert Medora City Attorney P.O. Drawer K Dickinson, ND 58602-8305 RE: N.D.C.C. § 5-02-05.1 Dear Mr. Reichert: Thank you for your May 8, 1990, letter in which you have presented several questions concerning the application of N.D.C.C. § 5-02-05.1 which authorizes the issuance of a special Sunday event alcoholic beverage permit. You have stated that a Medora bar owner has requested the issuance of a permit to allow his bar to remain open for all Sundays during the summertime season. You have inquired as to the stan

N.D.A.G. Letter to Malberg (May 17, 1990) May 17, 1990 Mr. John A. Malmberg Executive Vice President Bank of North Dakota Box 5509 Bismarck, ND 58502-5509 Dear Mr. Malmberg: Thank you for your December 28, 1989, letter which requests my opinion as to whether certain employees may receive annual and sick leave benefits. Five full-time temporary positions have been hired to service PLUS/SLS loans. The Bank will eventually put an automated system into place to service these loans. Until then, these full-time temporary positions will be required. In an effort to avoi

N.D.A.G. Letter to Stadter (May 16, 1990) May 16, 1990 Ms. Winnie Stadter Chair Committee on Protection and Advocacy Protection and Advocacy Project State Capitol Judicial Wing 600 East Boulevard Avenue Bismarck, ND 58505-0430 Dear Ms. Stadter: Thank you for your April 23, 1990, letter requesting my opinion regarding conflict of interest situations encountered by the Protection and Advocacy Project. N.D.C.C. § 25-01.3-09 is the conflict of interest statute and provides as follows: Conflict of interest. In any situation in which the project is representing, or h

N.D.A.G. Letter to Stadter (May 16, 1990) May 16, 1990 Ms. Winnie Stadter Chair Committee on Protection and Advocacy Protection and Advocacy Project State Capitol Judicial Wing 600 East Boulevard Avenue Bismarck, ND 58505-0430 Dear Ms. Stadter: Thank you for your April 23, 1990, letter requesting my opinion regarding conflict of interest situations encountered by the Protection and Advocacy Project. N.D.C.C. § 25-01.3-09 is the conflict of interest statute and provides as follows: Conflict of interest. In any situation in which the project is representing, or h

N.D.A.G. Letter to Selinger (May 16, 1990) May 16, 1990 Mr. Bruce A. Selinger Slope County State's Attorney P.O. Box 1173 Dickinson, ND 58602 Dear Mr. Selinger: Thank you for your April 17, 1990, letter concerning county judges. Your first question is whether a multicounty agreement to share the services of a county judge may stipulate that the multicounty judge must be a resident of one of the counties to the agreement. In 1981, the North Dakota Legislature enacted N.D.C.C. § 27-07.1-02 which allowed counties to agree to share the services of a single county judge. 1981 N.D. Sess. La

N.D.A.G. Letter to O’Connell (May 16, 1990) May 16, 1990 Senator David O'Connell District 6 Route 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your letter of March 8, 1990, regarding the disbursement of state tuition apportionment payments to the Minot Public School District and the Grand Forks Public School District. Based on your telephone conversation of May 2, 1990, with a member of my staff it appears that you are concerned about two major issues. Your first concern is whether the Superintendent of Public Instruction (hereinafter Superintendent) a

N.D.A.G. Letter to Collins (May 16, 1990) May 16, 1990 Mr. Sparb Collins Executive Director North Dakota Public Employees Retirement System Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your April 10, 1990, letter in which you requested my opinion on two questions concerning the flexible spending account. Your first question concerns whether it would be a donation in violation of N.D. Const. art. X, § 18, if PERS reimbursed an employee for medical expenses incurred in excess of the amount contributed by the employee to his or her Flexible Spending Account (“FLS") if the

N.D.A.G. Letter to Sinner (May 15, 1990) May 15, 1990 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: I have reviewed the documents you submitted to me concerning the Casselton Ambulance Service's concerns with communicable disease notification. The Casselton Ambulance Service raises these concerns because Fargo area hospitals will not provide them with knowledge of a patient's disease. The Casselton Ambulance Service is particularly concerned with the human immunodeficiency virus (HIV) and wish

N.D.A.G. Letter to Vogel (May 7, 1990) May 7, 1990 Ms. Sarah Vogel Commissioner of Agriculture Department of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0020 Dear Commissioner Vogel: Thank you for your March 30, 1990, letter and the attached "model regulations" which pertain to grasshopper control. You stated counties may wish to adopt regulations similar to this. You then quoted N.D.C.C. § 4-33-10 as authorizing political subdivisions to "adopt and enforce regulations to control and prevent the spread of pests." Your first question concerns the applicable

N.D.A.G. Letter to Slorby (May 7, 1990) May 7, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your April 17, 1990, letter asking whether the term "guardian" contained in N.D.C.C. § 27-20-26(1) includes a guardian ad litem. That statute provides, in part, that "[c]ounsel must be provided for a child not represented by his parent, guardian, or custodian." N.D.C.C. § 27-20-48 authorizes the court, in certain instances, to appoint a guardian ad litem for a child not represented by a parent, guardian, or custodian. A

N.D.A.G. Letter to Schuetzle (May 7, 1990) May 7, 1990 Mr. Tim Schuetzle Director Roughrider Industries Box 5521 Bismarck, ND 58502-5521 Dear Mr. Schuetzle: Thank you for your February 20, 1990, letter. You ask whether any statutes would prevent Roughrider Industries from drawing moneys appropriated to it from the State Treasury, depositing such moneys in a checking account to be maintained at the Bank of North Dakota in the name of Roughrider Industries, and writing its own checks on this account. N.D. Const. art. x, § 12(1) provides generally that all public moneys received by a sta

N.D.A.G. Letter to Renner (May 7, 1990) May 7, 1990 Mr. Jerry Renner State's Attorney Kidder County Courthouse P.O. Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your April 4, 1990, letter inquiring whether a gate or a cattle pass is required in a fence line crossing a section line to provide access to and permit travel upon the section line right-of-way. A question, very similar to the one you asked, has been considered by the North Dakota Supreme Court. In Saetz v. Heiser , 240 N.W.2d 67 (N.D. 1976), the court concluded that both a cattleguard and a gate would be require

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-12 Date issued: May 7, 1990 Requested by: Judy L. DeMers State Representative - QUESTION PRESENTED - Whether it is an unlawful discriminatory practice under N.D.C.C. ' 14-02.4-12 to refuse to rent housing to unmarried persons of the opposite sex who desire to live together as a married couple. - ATTORNEY GENERAL'S OPINION - It is my opinion that it is not an unlawful discriminatory practice under N.D.C.C. ' 14-02.4

N.D.A.G. Letter to Siegert (April 26, 1990) April 26, 1990 Ms. Carol M. Siegert Administrative Assistant Office of the Governor State Capitol 600 E. Boulevard Ave. Bismarck, ND 58505 Dear Carol: Thank you for your March 28, 1990, letter concerning the ability of a state employee to serve in the North Dakota Legislature. For many state employees, the federal Hatch Act may be applicable. The Hatch Act, applies to state and local employees of those agencies that receive federal funds. 5 U.S.C.A. § 1501 (West 1977). Not all state and local employees are covered by the Hatch Act. In

N.D.A.G. Letter to Mushik (April 25, 1990) April 25, 1990 Honorable Corliss Mushik State Senator District 34 P.O. Box 188 608 Third Street NW Mandan, ND 58554 Dear Senator Mushik: Thank you for your April 11, 1990, letter inquiring whether the presiding officer of a publicly elected governmental body has the authority to determine who may speak and what topic may be addressed at a meeting of that particular body. North Dakota law does not establish rules of procedure to be followed at meetings of public bodies. In some cases, the Legislature has specifically authorized the public bod

N.D.A.G. Letter to Whitman (April 23, 1990) April 23, 1990 Mr. Charles C. Whitman Bismarck City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your letter of April 10, 1990, wherein you inquire whether it is permissible for the city of Bismarck and the county of Burleigh to employ a joint city assessor and county director of tax equalization. You enclosed a copy of a January 21, 1970, letter from Attorney General Helgi Johanneson to Williams County State's Attorney LeRoy P. Anseth wherein the Attorney General concluded that a county director of tax equalizatio

N.D.A.G. Letter to Engmann (April 23, 1990) April 23, 1990 Mr. Scott Engmann Executive Director North Dakota Retirement and Investment Office P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your March 27, 1990, letter. You ask for my opinion on whether a retired member of the Teachers' Fund for Retirement (TFFR) is subject to the limitations of N.D.C.C. § 15-39.1-19.1 if that individual is retained by a school district as an independent consultant. A member of my staff discussed the matter with you and learned that the individual is being retained for the purpose of t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-11 Date issued: April 23, 1990 Requested by: Ronald Stastney, Assistant Superintendent for Instruction, Department of Public Instruction - QUESTIONS PRESENTED - I. Whether public school districts may charge a fee for students to attend a public kindergarten. II. Whether public school districts may charge a credit fee for a course taken over because of failure to pass the course in a previous year. III. Whether public schoo

N.D.A.G. Letter to Wold (April 16, 1990) April 16, 1990 Mr. James Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your February 13, 1990, letter requesting my opinion on various issues concerning the funding of a nonprofit hospital organization. Your first question is whether a hospital district could be established under N.D.C.C. ch. 23-30 if the primary purpose is to channel tax revenues to an established nonprofit association which includes a hospital, a nursing home, and a clinic. In an earlier letter opinion this office concluded

N.D.A.G. Letter to Bushfield (April 6, 1990) April 6, 1990 Martee Bushfield, Ph.D. Director of Research, Curriculum and Development Department of Family Medicine 501 North Columbia Road Grand Forks, ND 58201 Dear Dr. Bushfield: Thank you for your March 19, 1990, letter requesting my opinion on participation in a blinded seroprevalence study of the human immunodeficiency syndrome (HIV). Your first question is whether or not any North Dakota statutes limit the Family Practice Residency Training Program's participation in the proposed study. The study is defined by you as a process whic

N.D.A.G. Letter to Solberg (April 5, 1990) April 5, 1990 Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 RE: N.D.C.C. § 5-01-05.1 Dear Mr. Solberg: Thank you for your recent letter concerning the contracting by the city of Fargo with a local entity to provide quarters for intoxicated persons who are incarcerated pursuant to N.D.C.C. § 5-01-05.1. This question arose as the result of the recent refusal of Cass County to accept intoxicated individuals in the Cass County Jail for detoxification. N.D.C.C. § 5-01-05.1 was adopted by the 1969 Legislative Assembly to

N.D.A.G. Letter to Renner (April 4, 1990) April 4, 1990 Mr. Jerry Renner Kidder County State's Attorney Steele, ND 58482 RE: Application of Property Tax Payments During 11 U.S.C. ch. 12 Proceedings Dear Mr. Renner: Thank you for your January 11, 1990, letter in which you inquire whether property tax payments received on behalf of a chapter 12 bankruptcy debtor must be applied pursuant to N.D.C.C. § 57-20-21.1 or according to a chapter 12 bankruptcy plan. It is my opinion that the payments must be applied according to the provisions of the bankruptcy Plan. The filing of a bankruptcy

N.D.A.G. Letter to Sprynczynatky (April 3, 1990) April 3, 1990 Mr. David A. Sprynczynatyk State Engineer State Office Building 300 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Sprynczynatyk: Thank you for your February 15, 1990, letter requesting my opinion on certain issues relating to the resources trust fund and the contract fund. Your first question is whether the State Water Commission is authorized to lend money from either the resources trust fund or the contract fund for water projects. If the State Water Commission has the authority to make loans from these funds, you ask

N.D.A.G. Letter to Torkelson (March 30, 1990) March 30, 1990 Ms. Merle A. Torkelson McLean County State's Attorney Box 86 Washburn, ND 58577 Dear Ms. Torkelson: Thank you for your letter of January 5, 1990. You ask a question which was presented to you by Mr. Hy C. J. Schlieve, superintendent of the reorganized Garrison Public School District No. 51. You ask whether it is possible, under North Dakota state law, for lands which are presently under Lake Sakakawea and were part of the original school districts, to be added to a reorganized school district. N.D.C.C. chs. 15-27.1, 15-

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-10 Date issued: March 29, 1990 Requested by: Representative Dan Ulmer District 34 - QUESTIONS PRESENTED - I. Whether the Superintendent of Public Instruction has the authority to make cuts solely from transportation aid payments for elementary and secondary education if the moneys in the state general fund are insufficient to make all payments. II. Whether the state and federal constitutions require North Dakota to provide t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-09 Date issued: March 28, 1990 Requested by: S. F. "Buckshot" Hoffner Executive Director North Dakota Centennial Commission - QUESTION PRESENTED - Whether the Centennial Commission has the authority to transfer trust fund monies derived from the sale of official commemorative items and approved centennial items from its special revolving fund into the centennial tree program trust fund. - ATTORNEY GENERAL'S OPINION - It is m

N.D.A.G. Letter to Olson (March 27, 1990) March 27, 1990 Representative Alice Olson District 11 P.O. Box 8 202 Grace Street Cavalier, ND 58220 Dear Representative Olson: Thank you for your letter of January 3, 1990, requesting an opinion as to the legality of the Department of Public Instruction's (DPI's) distribution of the "Comprehensive Health Guidelines: K-12" (Guidelines) to the schools after the December 5, 1989, referral defeat of House Bill 1604, regarding comprehensive health education. In the following discussion, I will explain 1) the process which resulted in the distribut

N.D.A.G. Letter to Sinner (March 28, 1990) March 28, 1990 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your February 22, 1990, letter concerning the status of Pemina Yellowbird and her eligibility to remain as a member of the North Dakota State Historical Board. The laws governing the State Historical Board are found in N.D.C.C. ch. 55-01. N.D.C.C. § 55-01-01 requires each member of the State Historical Board to be a resident of North Dakota. Thus, Pemina must be a resident of North Dakota to continu

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-08 Date issued: March 23, 1990 Requested by: Jeffrey J. Peterson Burke County State's Attorney - QUESTIONS PRESENTED - I. Whether a county is required to continue funding poor relief at a level established before a reduction in revenues which support that program. II. Whether a county may continue to fund programs and services at current levels for persons now receiving poor relief benefits, and deny those benefits t

N.D.A.G. Letter to Whitman (March 20, 1990) March 20, 1990 Mr. Charles C. Whitman Bismarck City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your March 8, 1990, letter concerning a proposal to implement a tax levy to provide for a city job development authority pursuant to N.D.C.C. §§ 40-57.4-04 and 57-15-10(28). According to your letter, the Bismarck City Commission has raised a constitutional question concerning the propriety of tax moneys being used from this levy for the purposes of providing for a city job development authority or to contract with an

N.D.A.G. Letter to Wentz (March 19, 1990) March 19, 1990 Honorable Janet Wentz State Representative District 41 505 Eighth Avenue SE Minot, ND 58701 Dear Representative Wentz. Thank you for your February 11, 1990, letter requesting an Attorney General's opinion concerning the applicability of the open meetings and open records laws to the Minot State University Faculty Senate Executive Committee and the Faculty Senate meetings. Your primary question is whether the open meetings law applies to the Faculty Senate Executive Committee meetings. North Dakota's open meetings law e

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-07 Date issued: March 19, 1990 Requested by: Dr. Robert M. Wentz State Health Officer - QUESTIONS PRESENTED - I. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must receive a certificate of need from the State of North Dakota to establish a nursing home lawfully on the Turtle Mountain Reservation. II. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must comply with North Dak

N.D.A.G. Letter to Rayl (March 16, 1990) March 16, 1990 Mr. Richard L. Rayl Director Office of Management and Budget State Capitol - Fourth Floor 600 East Boulevard Avenue Bismarck, ND 58505-0400 Dear Mr. Rayl: Thank you for your February 12, 1990, letter requesting an opinion on several issues concerning using budget stabilization fund moneys to restore funds cut from agencies' budgets pursuant to N.D.C.C. § 54-44.1-13.1. In your letter you indicate that pursuant to N.D.C.C. § 54-44.1-13.1 you have obtained the approval of the Budget Section of the Legislative Council and have reduc

N.D.A.G. Letter to Mertens (March 16, 1990) March 16, 1990 Honorable Charles F. Mertens Chairman Legislative Council State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0183 Dear Representative Mertens: Thank you for your December 20, 1989, letter requesting my opinion concerning using transfers from the budget stabilization fund to restore budget reductions that were made pursuant to N.D.C.C. § 54-44.1-13.1. I apologize for the delay in responding to your request. Your first question is whether an agency may spend moneys the Governor transfers from the budget stabilization

N.D.A.G. Letter to Mehrer (March 16, 1990) March 16, 1990 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58602 Dear Mr. Mehrer: Thank you for your January 23, 1990, letter regarding interstate income withholding orders. You ask if it is appropriate under North Dakota law for a clerk of court to send an income withholding order to an out-of-state military pay center when an obligor is in the military service. You note that the alternative procedure would be to send the income withholding order to the state in which the obligor is located. You also note that

N.D.A.G. Letter to Jones (March 16, 1990) March 16, 1990 Mr. Lloyd A. Jones Commissioner North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Jones: Thank you for your October 31, 1989, letter concerning the proposed management by the North Dakota Game and Fish Department (Department) of mitigation lands acquired for the Garrison Diversion Project. I apologize for the delay in answering your letter. The lands in question are acquired by the United States Bureau of Reclamation and the deeds are retained by the United States Fish and Wildl

N.D.A.G. Letter to Fine (March 16, 1990) March 16, 1990 Ms. Karlene Fine, Secretary Industrial Commission State Capitol 600 East Boulevard Bismarck, ND 58505 Dear Karlene: Thank you for your February 21, 1990, letter in which you ask whether the books, records (including mortgages), accounting methods, and internal controls (the "books and records") with respect to bonds of North Dakota, real estate series, issued under N.D.C.C. ch. 54-30 (the "Bonds") are subject to examination by the State Auditor. Before addressing your question, it may be helpful to summarize the

N.D.A.G. Letter to Williams (March 14, 1990) March 14, 1990 Honorable Wade Williams Representative Route 1, Box 22 Cleveland, ND 58424 Dear Representative Williams: It was nice to meet with you the other day. During our conversation, you asked whether or not the Legislature or any of its committees had authority to subpoena witnesses and records. In light of that discussion I am providing you the following information. I am enclosing a copy of N.D.C.C. ch. 54-03.2 which prescribes the procedures for legislative investigations. N.D.C.C. § 54-03.2-02(2) defines an investigating commi

N.D.A.G. Letter to Slorby (March 14, 1990) March 14, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot ND 58701 Dear Mr. Slorby: Thank you for your March 2, 1990, letter concerning the authority of a county to establish a garbage and trash collection system pursuant to N.D.C.C. § 11-11-14(13). N.D.C.C. § 11-11-14(13) allows a county to establish a garbage and trash collection system and further provides several options in purchasing and operating the system. Among the options available to the county is the creation of special assessments against parcels o

N.D.A.G. Letter to Quast (March 14, 1990) March 14, 1990 Mr. Larry Quast Stanton City Attorney P.O. Box 249 Beulah, ND 58523 Dear Mr. Quast: Thank you for your letter of December 21, 1989, regarding a new business tax exemption that the city of Stanton granted under N.D.C.C. ch. 40-57.1 for Avie's Drive In which is owned by Avaline Peterka. From your letter and its enclosures, which includes a November 17, 1989, letter you received from Robert W. Wirtz, chief counsel for the Tax Commissioner, as well as a January 17, 1990, letter I received from Ms. Peterka, it is my understanding that

N.D.A.G. Letter to Preszler (March 14, 1990) March 14, 1990 Mr. Gary D. Preszler Commissioner Department of Banking and Financial Institutions 13th Floor 600 East Boulevard Avenue Bismarck, ND 58505-0080 Dear Mr. Preszler: Thank you for your December 6, 1989, letter requesting my opinion as to whether N.D.C.C. ch. 13-05 requires a separate license for a "branch" location of a licensed collection agency. I apologize for the delay. N.D.C.C. § 13-05-02 provides: Except as otherwise herein provided, no person other than a collection agency licensed and authorized under this chapter

N.D.A.G. Letter to Wallner (March 13, 1990) March 13, 1990 Mr. Tom Wallner Executive Director State Council on Developmental Disabilities State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0250 Dear Mr. Wallner: Thank you for your February 20, 1990 letter. You ask if the State Council on Developmental Disabilities (Council) correctly perceives that its statutory authority is limited to recommending standards and rules for the certification of developmental disability professionals. You advise that the Council is without any autho

N.D.A.G. Letter to Manbeck (March 13, 1990) March 13, 1990 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your December 28, 1989, letter concerning a public school's posting of a restricted privileges list or a deficiency list. You state in your letter that a high school posts a list naming students who, in some way, have not lived up to the expectations of the teacher who placed them on the list. Once on the list, the students' use of certain school facilities is restricted. You ask whether the public posting of this

N.D.A.G. Letter to McIntee (March 9, 1990) March 9, 1990 Mr. Michael S. McIntee Upham City Attorney 207 Main Street South Box 90 Towner, ND 58788-0090 Dear Mr. McIntee: Thank you for your March 2, 1990, letter concerning an individual who seeks the office of mayor for the city of Upham. From your letter, it appears the individual is a member of a Board of Township Supervisors which raises questions concerning his eligibility for the position of mayor pursuant to N.D.C.C. § 40-13-01. The latter statute requires an elective municipal officeholder to be a qualified elector of that city an