North Dakota Attorney General Opinions

LETTER OPINION 2014-L-02 January 14, 2014 Ms. Rozanna C. Larson Ward County State’s Attorney PO Box 5005 Minot, ND 58702-5005 Dear Ms. Larson: Thank you for your letter requesting my opinion on implementing the provisions of H.B. 1263, 2013 N.D. Leg., relating to procedures and demerit points for driving without liability insurance. As you indicate, the 63rd Legislative Assembly made a number of changes to the law concerning the offense of driving without liability insurance. Foremost among the changes was to downgrade the offense from a class B misdemeanor to an infraction. In addition

LETTER OPINION 2014-L-01 January 14, 2014 Ms. Kirsten Baesler State Superintendent Department of Public Instruction 600 E Boulevard Ave Dept. 201 Bismarck, ND 58505 Dear Ms. Baesler: This office received a request for an opinion regarding the ability of home educated students to use the open enrollment process and participate in academic classes and extracurricular activities. For the reasons set forth below, it is my opinion that a home educated student may open enroll to a non-resident school district for the purpose of participating in academic courses. It is also my opinion that a home ed

LETTER OPINION 2013-L-07 December 24, 2013 The Honorable Kenton Onstad State Representative 3515 66th Avenue NW Parshall, ND 58770-9468 Dear Representative Onstad: Thank you for your letter requesting my opinion regarding a definition of “locked-out worker” and the eligibility for unemployment insurance benefits of a locked-out contract worker under N.D.C.C. § 52-06-02(4). ANALYSIS This statute, which identifies what categories of individuals do not qualify for unemployment benefits provides, in part: An individual is disqualified for benefits: 4. For any week with res

OPEN RECORDS AND MEETINGS OPINION 2013-O-19 DATE ISSUED: December 23, 2013 ISSUED TO: NDSU Research Park Ventures, LLC CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from C.T. Marhula asking whether NDSU Research Park Ventures, LLC, violated N.D.C.C. § 44-04-18 by failing to provide a copy of a requested record. FACTS PRESENTED On May 21, 2013, Mr. C.T. Marhula sent an email to Chuck Hoge 1 requesting a copy of a contract involving NDSU Research Park Ventures, LLC (Park Ventures), referenced at an NDSU Research a

Issues I and II are superseded by the US Supreme Court http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf LETTER OPINION 2013-L-06 December 12, 2013 Mr. Richard J. Riha Burleigh County State’s Attorney 514 E Thayer Ave Bismarck, ND 58501-4413 Dear Mr. Riha: Thank you for your letter raising several questions relating to the effects a same-sex marriage, legally valid and entered in another state, has on an individual seeking a marriage license in North Dakota, where such a union is not recognized. You first ask whether a county recorder may issue a marriage license to an ind

OPEN RECORDS AND MEETINGS OPINION 2013-O-18 DATE ISSUED: November 22, 2013 ISSUED TO: North Dakota University System CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from the North Dakota Legislative Council asking whether the North Dakota University System, including North Dakota State University, provided proper responses to an open record request. FACTS PRESENTED On April 29, 2013, the North Dakota Legislative Council (Legislative Council), on behalf of a member of the Legislative Assembly, submitted a request to the North Dakota U

OPEN RECORDS AND MEETINGS OPINION 2013-O-17 DATE ISSUED: November 8, 2013 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 Golva violated N.D.C.C. § 44-04-18 by unreasonably delaying access to records requested. FACTS PRESENTED On May 28, 2013, Mr. Richard Volesky sent a letter and email to the auditor of the City of Golva, Bobbie Maus, requesting expenditures and revenue reports for 2012 and 2013 and Golva’s 2013 budget. 1 Ms. Maus replied by email on May 30, 2013, stat

OPEN RECORDS AND MEETINGS OPINION 2013-O-16 DATE ISSUED: November 8, 2013 ISSUED TO: Jamestown/Stutsman County Development Corporation CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Keith Norman, on behalf of The Jamestown Sun, asking whether the Jamestown/Stutsman County Development Corporation violated N.D.C.C. §§ 44-04-19.2, 44-04-19, and 44-04-18 by taking final actions during an executive session, by holding an executive session which was not authorized by law, and by failing to provide salary information. F

OPEN RECORDS AND MEETINGS OPINION 2013-O-15 DATE ISSUED: September 5, 2013 ISSUED TO: City of Lincoln – Lincoln Police Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Thomas Nagel asking whether the Lincoln Police Department violated N.D.C.C. § 44-04-18 by unreasonably delaying access to records he requested. FACTS PRESENTED Thomas Nagel sent a letter dated March 20, 2013, to Marcel Sim, Chief of Police of the Lincoln Police Department (Police Department), requesting true and correct copies of “[a]ll vehicle inspectio

OPEN RECORDS AND MEETINGS OPINION 2013-O-14 DATE ISSUED: August 28, 2013 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 John Wakefield asking whether the Griggs County Commission violated N.D.C.C. §§ 44-04-18 and 44-04-20 by unreasonably delaying access to records requested and by holding a meeting that was not preceded by public notice. FACTS PRESENTED On February 12, 2013, there was a community forum held at the Cooperstown City Hall. The forum was sponsored by an informal g

OPEN RECORDS AND MEETINGS OPINION 2013-O-13 DATE ISSUED: August 14, 2013 ISSUED TO: City of Mandan - Mandan 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 Wayne Papke asking whether the Mandan City Commission violated N.D.C.C. § 44-04-19 by holding an executive session that was not authorized by law. FACTS PRESENTED The Mandan City Commission (Commission) held a special meeting on June 4, 2013, to discuss a possible joint powers agreement with the Mandan Park District (Park District) involving contribution

OPEN RECORDS AND MEETINGS OPINION 2013-O-12 DATE ISSUED: August 6, 2013 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION This office received separate requests for an opinion under N.D.C.C. § 44-04-21.1 from Ryan Johnson, reporter for The Forum, and Nick Smith, reporter for the Bismarck Tribune, asking whether the State Board of Higher Education violated open meeting laws by holding meetings not open to the public. FACTS PRESENTED On June 12, 2013, three members of the State Board of Higher Education (SBHE), President Duaine Espegard, Vice President Kirsten Diederi

OPEN RECORDS AND MEETINGS OPINION 2013-O-11 DATE ISSUED: August 6, 2013 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION This office received requests for an opinion under N.D.C.C. § 44-04-21.1 from Dale Wetzel and Ryan Johnson asking whether the State Board of Higher Education violated N.D.C.C. § 44-04-19 by holding an improper executive session. FACTS PRESENTED On May 29, 2013, two members of the State Board of Higher Education (SBHE), SBHE president Duaine Espegard and SBHE member Grant Shaft, received a proposed Separation Agreement from North Dakota University

LETTER OPINION 2013-L-05 July 18, 2013 Mr. Fallon M. Kelly Ransom County State’s Attorney PO Box 391 Lisbon, ND 58054-0391 Dear Mr. Kelly: Thank you for your letter asking about the responsibility of a county recorder to record a deed or other recordable instrument requiring a legal description when the deed or other instrument does not contain a legal description but refers to a description contained in another document of record. For the reasons indicated below, it is my opinion that a county recorder may, but is not required to, record a deed or other recordable instrument that do

OPEN RECORDS AND MEETINGS OPINION 2013-O-10 DATE ISSUED: June 25, 2013 ISSUED TO: North Dakota University System Foundation 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 North Dakota University System Foundation violated N.D.C.C. § 44-04-18 by failing to provide a copy of revenue and expenditure records. FACTS PRESENTED On January 9, 2013, Mr. Rob Port requested records showing the North Dakota University System Foundation’s (Foundation) revenues and expenditures from J

LETTER OPINION 2013-L-04 June 14, 2013 Dr. Terry L. Dwelle State Health Officer Department of Health 600 E Boulevard Ave Dept 301 Bismarck, ND 58505-0200 Dear Dr. Dwelle: Thank you for your letter asking three questions concerning the exception from the moratorium on expansion of basic care bed capacity found at N.D.C.C. § 23-09.3-01.1(1)(c). This exception allows an entity to add basic care beds beyond the state’s licensed bed capacity if it can demonstrate that basic care services are not readily available within a designated area of the state or that existing basic ca

LETTER OPINION 2013-L-03 June 13, 2013 Ms. Kimberly J. Radermacher LaMoure County State’s Attorney PO Box 597 LaMoure, ND 58458-0597 Dear Ms. Radermacher: Thank you for your letter requesting my opinion on the effective date of House Bill No. 1302 passed by the 63rd Legislative Assembly. The effective dates for legislative bills are governed by N.D. Const. art. IV, § 13 and N.D.C.C. § 1-02-42, and generally, bills containing appropriations are effective on July 1 after the session while bills without appropriations are effective August 1. House Bill No. 1302 primarily amended the law relati

OPEN RECORDS AND MEETINGS OPINION 2013-O-09 DATE ISSUED: June 12, 2013 ISSUED TO: Turtle Lake-Mercer 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 Allan Tinker asking whether Turtle Lake-Mercer School Board (Board) violated N.D.C.C. §§ 44-04-20, 44-04-19.2, and 44-04-19 by failing to provide public notice of an executive session held on September 10, 2012, by failing to follow proper procedures for conducting an executive session, and by holding an executive session that was not authorized by law.

OPEN RECORDS AND MEETINGS OPINION 2013-O-08 DATE ISSUED: May 24, 2013 ISSUED TO: North Dakota State University 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 North Dakota State University violated N.D.C.C. § 44-04-18 by refusing to provide student disciplinary records. FACTS PRESENTED On October 22, 2012, Rob Port e-mailed North Dakota State University (“NDSU”) requesting “the details of any disciplinary action taken against the NDSU football players who were charged and convicted of petition signature f

OPEN RECORDS AND MEETINGS OPINION 2013-O-07 DATE ISSUED: May 3, 2013 ISSUED TO: State Board of Higher Education On April 18, 2013, I issued an opinion to the State Board of Higher Education (SBHE) wherein I determined the Board violated the open meetings law when it failed to properly notice a meeting held at the home of the University System Chancellor, Dr. Shirvani, as a special meeting and take the necessary minutes. 1 In that opinion, I also concluded that the March 6, 2013, dinner, attended by a quorum of SBHE members and held the night before a regularl

OPEN RECORDS AND MEETINGS OPINION 2013-O-06 DATE ISSUED: April 18, 2013 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from The Forum (Forum) asking whether the State Board of Higher Education (SBHE) violated the open meeting laws by failing to give proper notice of two alleged dinner meetings held on January 16, 2013, and March 6, 2013, and by failing to prepare proper minutes of the meetings. FACTS PRESENTED The SBHE held regularly scheduled meetings on January 17, 2013, and March 7, 2013

OPEN RECORDS AND MEETINGS OPINION 2013-O-05 DATE ISSUED: April 16, 2013 ISSUED TO: State Parole Board CITIZEN’S REQUEST FOR OPINION This office received requests for an opinion under N.D.C.C. § 44-04-21.1 from Michelle Tweed and Rodger and Patti French, asking whether the March, April, and May 2012 meetings of the North Dakota Parole Board (“Board”) met the notice requirements of N.D.C.C. § 44-04-20 and whether the May 2012 meeting of the Board also violated other provisions of the open meetings law. FACTS PRESENTED The Board is a six member commission. The members are appointed b

OPEN RECORDS AND MEETINGS OPINION 2013-O-04 DATE ISSUED: April 9, 2013 ISSUED TO: Wells County Water Resource District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Preston Meier asking whether the Wells County Water Resource District violated N.D.C.C. § 44-04-20 by holding a meeting without providing public notice in substantial compliance with the open meetings law. FACTS PRESENTED A regular meeting of the Wells County Water Resource District (District) was noticed to be held on October 9, 2012, at

OPEN RECORDS AND MEETINGS OPINION 2013-O-03 DATE ISSUED: March 13, 2013 ISSUED TO: Metro Flood Diversion Board of Authority CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from The Fargo Forum (Forum) asking whether the Metro Flood Diversion Board of Authority violated N.D.C.C. § 44-04-20 by holding a meeting that was not preceded by public notice. FACTS PRESENTED The U.S. Army Corps of Engineers (Corps) is operating the “Fargo-Moorhead Metropolitan Area Flood Risk Management Project, North Dak

LETTER OPINION 2013-L-02 February 14, 2013 Ms. Claire J. Holloway General Counsel North Dakota University System 600 E. Boulevard Ave. Dept. 215 Bismarck, ND 58505-0230 Dear Ms. Holloway: Thank you for your January 31, 2013, letter requesting an opinion as to whether the Eighth Circuit Court of Appeals, in Valley Family Planning v. State of N.D., 661 F.2d 99 (8th Cir. 1981), struck down North Dakota Century Code § 14-02.3-02 completely, or invalidated only the portion of the statute pertaining to family planning funds allocated to entities or persons who provide referrals for abortions or enc

Superseded by N.D.C.C. § 39-08-13 LETTER OPINION 2013-L-01 January 23, 2013 Mr. Grant Levi Interim Director North Dakota Department of Transportation 608 E Boulevard Ave Bismarck, ND 58505-0700 Dear Mr. Levi: Thank you for your October 19, 2012, letter requesting an opinion as to whether the personal information contained in a motor vehicle accident report, prepared pursuant to N.D.C.C. § 39-08-10, is protected from being disclosed to a requester under the open records law. It is my opinion that the personal information contained in a motor vehicle accident report is not pr

OPEN RECORDS AND MEETINGS OPINION 2013-O-02 DATE ISSUED: January 10, 2013 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 Jonathan T. Garaas asking whether the Fargo City Commission violated N.D.C.C. § 44-04-19.2 by making final decisions in executive session. FACTS PRESENTED The Board of City Commissioners of the City of Fargo (Commission) held a regular meeting on April 16, 2012. During the meeting an executive session was held to discuss pending or threatened litigation

OPEN RECORDS AND MEETINGS OPINION 2013-O-01 DATE ISSUED: January 10, 2013 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 Connie Whittier asking whether the Lidgerwood Rural District Ambulance Service Board violated N.D.C.C. § 44-04-20(6) by meeting prior to the special meeting without providing public notice. FACTS PRESENTED The Lidgerwood Rural District Ambulance Service Board (Board) is comprised of seven members and holds qua

LETTER OPINION 2012-L-13 December 19, 2012 Mr. Lynn D. Helms Director Department of Mineral Resources 600 E Boulevard Ave Dept. 405 Bismarck, ND 58505-0840 Dear Mr. Helms: Thank you for your letter asking whether civil penalties collected under N.D.C.C. § 38-08-16(1) by the North Dakota Industrial Commission should be deposited into the state tuition fund. You also ask if the Commission, as part of negotiating settlements for violations of its laws, rules, or orders, may suspend the payment of a civil penalty on condition that the violator agrees to make a donation to the Abandoned

OPEN RECORDS AND MEETINGS OPINION 2012-O-09 DATE ISSUED: December 4, 2012 ISSUED TO: North Dakota State University 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 North Dakota State University violated N.D.C.C. § 44-04-18 by denying a request for records. FACTS PRESENTED On April 4, 2012, Rob Port requested a copy of the reprimand “concerning the Women’s Athletics Director.” Mr. Port also requested “details as to what activities ‘show significant inappropriate professional behavior’

LETTER OPINION 2012-L-12 November 20, 2012 Mr. Allen Koppy Morton County State’s Attorney 210 2nd Ave NW Mandan, ND 58554-3124 Dear Mr. Koppy: Thank you for your letter asking several questions relating to the effect of county recreational district zoning on farming and ranching uses, and the potential for a public nuisance because of such uses. For the reasons indicated below, it is my opinion that, to the extent the county zoning ordinance prohibits or prevents the use of land or buildings in the recreational district for farming or ranching, the ordinance is not

LETTER OPINION 2012-L-11 October 10, 2012 The Honorable Stan Lyson State Senator 1608 4th Avenue West Williston, ND 58801-4127 Dear Senator Lyson: Thank you for your letter asking whether an oil company may withhold royalties based on a title defect greater than 20 years old, where an affidavit of marketable title has been properly recorded and about the applicability of the Marketable Record Title Act to severed mineral interests. It is my opinion that the Marketable Record Title Act may be difficult to satisfy with respect to an estate in severed minerals in part due to the challenge of me

LETTER OPINION 2012-L-10 September 17, 2012 The Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue, Dept 117 Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter requesting my opinion on whether the State Treasurer’s distribution of federal funds allocated to North Dakota is in accordance with both state and federal law. For the reasons indicated below, it is my opinion that the State Treasurer’s distribution of federal funds is in accordance with both state and federal law. ANALYSIS Due to destructive floods, in the 1930’s and 1940’s the

OPEN RECORDS AND MEETINGS OPINION 2012-O-08 DATE ISSUED: August 3, 2012 ISSUED TO: North Dakota State University Research and Technology Park CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from C.T. Marhula asking whether the North Dakota State University Research and Technology Park (Research Park) violated N.D.C.C. § 44-04-18 when it charged Mr. Marhula a $75 fee to locate and review records of the entity. FACTS PRESENTED In February 2012, C.T. Marhula requested to examine and review the minutes and all audits of the Research Park

OPEN RECORDS AND MEETINGS OPINION 2012-O-07 DATE ISSUED: August 2, 2012 ISSUED TO: Dresden Township CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tom Valentine asking whether Dresden Township unreasonably delayed access to records he requested. FACTS PRESENTED On February 1, 2012, Tom Valentine sent a letter to Mark Schneider, the Chairman of the Dresden Township Supervisors, asking to view and copy township records. In his letter Valentine asked to see the following: 1. Minutes of meetings 2005 to 2011 2. Receipts and

LETTER OPINION 2012-L-09 July 5, 2012 Mr. Steven J. Lies Wahpeton City Attorney PO Box 275 Wahpeton, ND 58074-0275 Dear Mr. Lies: Thank you for your letter asking whether the city may lawfully permit the use of its city hall and broadcasting facilities by a non-profit organization to air presentations by opposing candidates for public office, or presentations by proponents and opponents of state or local ballot measures. Based on the following, it is my opinion that it would not violate the state’s Corrupt Practices Act, N.D.C.C. §§ 16.1-10-01(3) and 16.1-10-02, for a city to allow a non-pr

LETTER OPINION 2012-L-08 July 5, 2012 Mr. William G. Goetz Chancellor North Dakota University System 600 East Boulevard Avenue, Dept. 215 Bismarck, ND 58505-0230 Dear Mr. Goetz: Thank you for your letter asking several questions related to soliciting bids for public improvements under N.D.C.C. ch. 48-01.2. For the reasons indicated below, it is my opinion that N.D.C.C. ch. 48-01.2 does not authorize a state-supported institution of higher education to use institution employees to make “public improvements” in-house when the estimated cost of the construction is over $100,000. It is my fur

LETTER OPINION 2012-L-07 July 5, 2012 The Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Jaeger: Thank you for your letter, on behalf of the State Canvassing Board, requesting my opinion on whether the gubernatorial candidate for the Libertarian Party was nominated in accordance with state law at the June 12, 2012, primary election and is eligible for certification and advancement to the general election ballot. Based on the following, it is my opinion that the gubernatorial candidate for the Libertaria

LETTER OPINION 2012-L-06 May 25, 2012 Mr. William R. Hartl Rugby City Attorney 223 S Main Ave Rugby, ND 58368-1720 Dear Mr. Hartl: Thank you for your letter asking three questions concerning the distribution of certain insurance premium taxes in support of city and township fire departments and rural fire protection districts. 1 You ask whether insurance tax funds distributed to fire departments pursuant to N.D.C.C. ch. 18-04 are public funds subject to the same laws as other public funds; whether these funds are under control of the fire department or under control of the governing body un

OPEN RECORDS AND MEETINGS OPINION 2012-O-06 DATE ISSUED: May 18, 2012 ISSUED TO: Mandan 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 Susan Beehler asking whether the Mandan School Board (Board) violated the open meetings law by holding meetings without the public notice required by law. FACTS PRESENTED Issue one At a Board meeting on December 5, 2011, the Board authorized the Mandan Public School District (District) to purchase property for a new school in the Lakewood Subdivision of Mandan

LETTER OPINION 2012-L-05 May 9, 2012 Ms. Lisa Gibbens Acting Assistant Rolette County State’s Attorney PO Box 1079 Rolla, ND 58367-1079 Dear Ms. Gibbens: Thank you for your letter raising several questions about the disposition of undistributed tax revenues raised by a levy for county emergency medical services under N.D.C.C. § 57-15-50 and allocated under N.D.C.C. § 23-27-04.7, and for your recent follow-up letter. You ask whether Rolette County is obligated to distribute tax revenue to two of the ambulance services serving parts of Rolette County since these ambulance services have not subm

LETTER OPINION 2012-L-04 May 1, 2012 Mr. Birch P. Burdick Cass County State’s Attorney PO Box 2806 Fargo, ND 58108-2806 Dear Mr. Burdick: Thank you for your letter requesting my opinion whether taxing authorities should consider tax credits or rent restrictions when assessing a property built using federal low income housing tax credits. Based on the following analysis, it is my opinion that taxing authorities may consider the effect, if any, of the tax credits and rent restrictions on a property’s value when assessing a property built using federal low income housing tax credits, along with

LETTER OPINION 2012-L-03 April 12, 2012 The Honorable John M. Andrist State Senator PO Box E Crosby, ND 58730-0660 Dear Senator Andrist: Thank you for your letter requesting my opinion whether the requirement in N.D.C.C. § 40-01-09.1 for publishing the list of individual checks written and approved by a city includes payments made by electronic fund transfer; whether the check numbers must be included when the list of checks is published by a city or county; and whether individual charges made to a credit card held by a city, county or school board must be listed instead of listing the check

OPEN RECORDS AND MEETINGS OPINION 2012-O-05 DATE ISSUED: March 20, 2012 ISSUED TO: Elma Township CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dennis Knudson asking whether Elma Township violated N.D.C.C. § 44-04-19 by holding meetings without public notice. FACTS PRESENTED The members of the Elma Township Board of Supervisors are Chairman and Road Overseer Dave Kluge, Vice Chairman Aaron Medenwaltd, and Supervisor Gary Schlitz. In September 2011, two culverts were installed in two separate locations in Elma To

OPEN RECORDS AND MEETINGS OPINION 2012-O-04 DATE ISSUED: March 20, 2012 ISSUED TO: Rye Township Zoning Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Neil Nowatzki asking whether the Rye Township Zoning and Planning Commission violated N.D.C.C. § 44-04-20 by failing to notice a meeting. FACTS PRESENTED On Tuesday, November 1, 2011, the Rye Township Zoning Commission met to inspect the site of a proposed new residence before issuing a building permit. A township zoning commission is a governing body created by statu

LETTER OPINION 2012-L-02 March 2, 2012 Mr. Lance Gaebe Commissioner North Dakota State Land Department PO Box 5523 Bismarck, ND 58506-5523 Dear Mr. Gaebe: Thank you for your letter requesting my opinion on whether real property located in the city of Bismarck, owned by the Common Schools Trust, can be included in a special assessment district and specially assessed by the City for the installation of a water line. 1 For the reasons indicated below, it is my opinion that the real property owned by the Common Schools Trust cannot be included in a special assessment dist

OPEN RECORDS AND MEETINGS OPINION 2012-O-03 DATE ISSUED: February 24, 2012 ISSUED TO: North Dakota State University Research and Technology Park CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion from Mr. Rob Port asking whether the North Dakota State University Research and Technology Park (Research Park) violated N.D.C.C. § 44-04-19 by holding its annual meeting out of state. FACTS PRESENTED On September 22 and 23, 2011, the Research Park held its annual meeting in Minneapolis, Minnesota. The Research Park is a nonprofit