North Dakota Attorney General Opinions

LETTER OPINION 2008-L-18 December 16, 2008 The Honorable Rodney J. Froelich State Representative 8710 Highway 6 Selfridge, ND 58568-9556 Dear Representative Froelich: Thank you for your letter asking about the constitutionality of N.D.C.C. § 47-05-17. The statute provides that a landowner may not sever or separately sell hunting access rights from the surface estate. 1 You question 2 whether this restriction is an unconstitutional taking of private property without just compensation. Based upon the following, it is my opinion that section 47-05-17, is not a per se violation of the

OPEN RECORDS AND MEETINGS OPINION 2008-O-29 DATE ISSUED: December 12, 2008 ISSUED TO: North Dakota High School Activities Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mark Thelen asking whether the North Dakota High School Activities Association (“Association” or “NDHSAA”) violated N.D.C.C. §§ 44-04-18 and 44-04-20 by failing to provide an electronic copy of requested records and by failing to provide electronic notice of future board meetings. FACTS PRESENTED On June 18, 2008, Mark Thelen renewe

OPEN RECORDS AND MEETINGS OPINION 2008-O-28 DATE ISSUED: December 12, 2008 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 Jerimiah Moerke, News Director for KVLY/KXJB-TV, and Jim Shaw, News Director for KVRR-TV, asking whether the Fargo City Commission violated N.D.C.C. § 44-04-19 by participating in a bus tour that was closed to the public. FACTS PRESENTED On July 10, 2008, the City of Fargo engineering department (Fargo) conducted a bus tour for the Fargo City Commission (Commi

OPEN RECORDS AND MEETINGS OPINION 2008-O-27 DATE ISSUED: December 1, 2008 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 Mike Jacobs, Publisher and 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 redacted student disciplinary action records. FACTS PRESENTED On May 5, 2008, a reporter from the Grand Forks Herald (“Herald ”) requested records from the University of North Dakota (“UND”) describing the sancti

LETTER OPINION 2008-L-17 November 28, 2008 Mr. Neil Fleming Cavalier City Attorney PO Box 633 Cavalier, ND 58220-0633 Dear Mr. Fleming: Thank you for your letter about enforcement and prosecution of a city ordinance equivalent to N.D.C.C. § 39-08-01. You question whether the Cavalier city police may cite a person for driving while under the influence as a violation of Cavalier’s municipal ordinance if the Cavalier city magistrate is not licensed to practice law in North Dakota, or whether the offense must be cited as a violation of state law. You also asked who has the responsibility for pr

LETTER OPINION 2008-L-16 Mr. James D. Gion Hettinger County State’s Attorney PO Box 101 Regent, ND 58650-0101 Dear Mr. Gion: Thank you for your letter asking who may act as fence viewers in unorganized townships. For the reasons stated below, it is my opinion that the law does not provide for fence viewers in unorganized townships. Consequently, parties to a partition fence dispute in an unorganized township must either work out the dispute themselves or apply to the district court for resolution of the dispute. ANALYSIS Your letter concerns fence viewers in unorganized 1 townships. As yo

Abrogated in part by HB 1035, 2009 N.D. Leg. LETTER OPINION 2008-L-15 November 18, 2008 The Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter asking me to interpret the “reserves plus surplus” balance requirements imposed on the Workforce Safety & Insurance (“WSI”) fund by N.D.C.C. § 65-04-02. For the reasons explained below, it is my opinion that WSI must consider all of its assets when calculating the amount of surplus in the fund. Further, if the State Auditor determines that WSI has refused or neglect

OPEN RECORDS AND MEETINGS OPINION 2008-O-26 DATE ISSUED: November 12, 2008 ISSUED TO: CommunityWorks North Dakota North Dakota Housing Finance Agency 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 CommunityWorks North Dakota and the North Dakota Housing Finance Agency violated the open records law by claiming that certain documents relating to the Library Square II development in Mandan, North Dakota, were confidential. FACTS PRESENTED Ms. Beehler went to the office

OPEN RECORDS AND MEETINGS OPINION 2008-O-25 DATE ISSUED: October 31, 2008 ISSUED TO: Cavalier Fire Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Scott Heck asking whether the Cavalier Fire Department violated N.D.C.C. § 44-04-18 by failing to provide Mr. Heck with the records requested within a reasonable time. FACTS PRESENTED On April 10, 2008, Scott Heck sent an open records request to the Cavalier City Fire Department ("Fire Department") asking for a copy of the Fire Department’s 2006 checking account s

OPEN RECORDS AND MEETINGS OPINION 2008-O-24 DATE ISSUED: October 10, 2008 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 (School Board) violated the open meetings law when one member of the School Board attended a meeting that included members and staff of other governing bodies regarding the construction of sidewalks to the new middle school in the city of Mandan. FACTS PRESENTED On April 2, 2008, a meeting was held to discuss a recommendation

LETTER OPINION 2008-L-14 October 1, 2008 Mr. Dale Frink State Engineer Office of State Engineer 900 E Boulevard Ave Bismarck, ND 58505-0850 Dear Mr. Frink: Thank you for your July 28, 2008, letter asking whether tile drainage systems require a drain permit under N.D.C.C. ch. 61-32. For the reasons outlined below, it is my opinion that tile drainage systems are subject to the permitting requirements of N.D.C.C. § 61-32-03. ANALYSIS Your letter indicates that the Office of the State Engineer has concluded tile drainage 1 requires a permit under N.D.C.C. § 61-32-03 becau

OPEN RECORDS AND MEETINGS OPINION 2008-O-23 DATE ISSUED: September 19, 2008 ISSUED TO: Grand Forks 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 Cami Uhrich asking whether the Grand Forks School Board (“Board”) violated N.D.C.C. § 44-04-20 by discussing and acting on an agenda topic that was not specifically listed in the Board’s April 28, 2008, meeting agenda. FACTS PRESENTED On January 28, 2008, the Grand Forks and Grand Forks Air Force Base Public Schools held a public forum pursuant to N.D.C.C. § 15.1-07-26.

OPEN RECORDS AND MEETINGS OPINION 2008-O-22 DATE ISSUED: September 9, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Janell Cole of Forum Communications asking whether a committee of the Board of Directors (“Board”) of Workforce Safety and Insurance ("WSI") violated N.D.C.C. § 44-04-19 by discussing its business outside of an open meeting. FACTS PRESENTED During the May 22, 2008, WSI Board meeting, a three-member committee was appointed to study the compensati

OPEN RECORDS AND MEETINGS OPINION 2008-O-21 DATE ISSUED: August 25, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from James Long asking whether the Workforce Safety and Insurance (WSI) Board of Directors violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting without notice. FACTS PRESENTED 1 On the evening of May 21, 2008, WSI Board member 2 Mark Gjovig, Bruce Furness, interim WSI CEO, Stacy Sjogren, WSI consultant for Carver governance, and Mary Thompson, WSI staff member

OPEN RECORDS AND MEETINGS OPINION 2008-O-20 DATE ISSUED: August 1, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION Chad Nodland requests that the Attorney General review Workforce Safety and Insurance’s (“WSI”) denial of Mr. Nodland’s open records request to WSI under N.D.C.C. § 44-04-18. 1 FACTS PRESENTED On February 12, 2008, Chad Nodland requested specific records from WSI: A printout of the names of all persons or entities who have received WSI safety grants, the amounts of each grant payment and the date of each

LETTER OPINION 2008-L-13 July 23, 2008 The Honorable JoNell Bakke State Senator 1498 Norchip Circle Grand Forks, ND 58201-3702 The Honorable Lisa Wolf State Representative 1420 78th Street SE Minot, ND 58701-9357 Dear Senator Bakke and Representative Wolf: Thank you for your letter raising several questions about corporate expenditures for promoting passage or defeat of initiated measures. You ask whether corporate labor costs allocable to a corporation’s promotion of passage or defeat of an initiated measure constitute an expenditure or contribution under N.D.C.C. § 16.1-08.1-03.5, as well

OPEN RECORDS AND MEETINGS OPINION 2008-O-19 DATE ISSUED: July 15, 2008 ISSUED TO: Foster County CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from First American CoreLogic asking whether Foster County violated N.D.C.C. § 44-04-18 by refusing to provide records within a reasonable time. FACTS PRESENTED On October 17, 2007, First American CoreLogic (CoreLogic) requested “an electronic copy of the real property data contained within the county tax roll and assessment roll.” 1 On October 25, 2007, Foster County State’s Attorney Paul M

OPEN RECORDS AND MEETINGS OPINION 2008-O-18 DATE ISSUED: July 15, 2008 ISSUED TO: Mountrail County CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from First American CoreLogic asking whether Mountrail County violated N.D.C.C. § 44-04-18 when it required First American CoreLogic to pay an advance fee of $900 for an electronic copy of the County's tax assessment roll. FACTS PRESENTED Mountrail County (County) has established a system to store certain County records electronically including its real estate tax billing, integrated finan

OPEN RECORDS AND MEETINGS OPINION 2008-O-17 DATE ISSUED: July 15, 2008 ISSUED TO: Adams County CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from First American CoreLogic asking whether Adams County violated N.D.C.C. § 44-04-18 by denying a request for a copy of records stored in an electronic database. FACTS PRESENTED On November 28, 2007, First American CoreLogic (CoreLogic) requested an electronic copy of the most current tax/assessment roll for Adams County. At a minimum, CoreLogic was seeking real property and tax informatio

LETTER OPINION 2008-L-12 July 15, 2008 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 asking about the property tax exemption provided under N.D.C.C. § 57-02-08(20)(b) for certain disabled veterans. You question the Tax Commissioner’s interpretation of this provision that the property tax exemption should be available to disabled veterans based on the greater of the combined evaluation percentage or the percentage at which the disabled veteran is compensated by

LETTER OPINION 2008-L-11 July 11, 2008 Mr. Norris O. Braaten Chairman, Governing Board North Dakota Veterans Home PO Box 673 Lisbon, ND 58054-0673 Dear Mr. Braaten: Thank you for your letter asking whether the North Dakota Veterans Home is obligated to reimburse an employee for college tuition costs for the 2008 spring and summer semesters. For the reasons outlined below, it is my opinion that the Veterans Home is not obligated to pay for an employee’s tuition reimbursement in excess of the amount authorized by current agency policy. ANALYSIS In your letter, you indicate that an employee of

OPEN RECORDS AND MEETINGS OPINION 2008-O-16 DATE ISSUED: July 9, 2008 ISSUED TO: City of Mandan 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 City of Mandan violated N.D.C.C. § 44-04-18 by charging an excessive fee for e-mail records. FACTS PRESENTED On December 4, 2007, Susan Beehler e-mailed the following request for records to Jim Neubauer, the city administrator for the City of Mandan (“Mandan”): I am requesting the e-mails to the city commissioners from Tom Little’s office. . . . I would

OPEN RECORDS AND MEETINGS OPINION 2008-O-15 DATE ISSUED: July 1, 2008 ISSUED TO: Fargo Public School District 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 Matthew Von Pinnon, editor of The Forum , asking whether the Fargo Public School District and the Fargo Park District violated N.D.C.C. § 44-04-18 by not providing copies of e-mails that were on the private home computers of their appointees serving on the Board of Directors of Metro Sports Foundation, Inc. FACTS PRESENTED On October 5, 2007, The Forum ,

OPEN RECORDS AND MEETINGS OPINION 2008-O-14 DATE ISSUED: June 24, 2008 ISSUED TO: Dickinson 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 James A. Woods asking whether Dickinson State University violated N.D.C.C. § 44-04-18 by charging an excessive fee for copies of requested records, by requesting payment in advance, and by failing to provide a copy of the records requested within a reasonable time. 1 FACTS PRESENTED On February 11, 2008, Mr. Woods faxed a request for records to the Coordinator of Human Reso

OPEN RECORDS AND MEETINGS OPINION 2008-O-13 DATE ISSUED: June 23, 2008 ISSUED TO: Traill 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 Roger Anderson asking whether the Traill County Water Resource District violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting without a notice. FACTS PRESENTED On April 1, 2008, the Traill County Water Resource District conducted a public hearing relating to the establishment of a drainage project under N.D.C.C. ch. 61-21. 1 All affec

OPEN RECORDS AND MEETINGS OPINION 2008-O-12 DATE ISSUED: June 23, 2008 ISSUED TO: Round Prairie Township CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Daryl Beard asking whether the Round Prairie Township violated N.D.C.C. § 44-04-18 by refusing to provide copies of records within a reasonable time. FACTS PRESENTED On October 16, 2007, Daryl Beard asked the Round Prairie Township clerk, Dan Anderson, for copies of all board meeting minutes from January 1, 2004, to the present. Mr. Beard did not receive any records. In a lett

LETTER OPINION 2008-L-10 June 11, 2008 The Honorable Robin L. Weisz State Representative 50 Highway 3 S Hurdsfield, ND 58451-9009 Dear Representative Weisz: Thank you for your letter asking whether the distribution of moneys from the public transportation fund in N.D.C.C. § 39-04.2-04 is calculated on an annual or biennial basis. For the reasons indicated below, it is my opinion that the base amount for annual distribution from the public transportation fund under N.D.C.C. § 39-04.2-04 is to be calculated based on the total biennial appropriation. ANALYSIS A public transportation fund is crea

LETTER OPINION 2008-L-09 June 11, 2008 Mr. Terry Steinwand Director Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58501 Dear Mr. Steinwand: Thank you for your letter asking whether an operator of a shooting preserve must be licensed as an outfitter under N.D.C.C. ch. 20.1-03. For the reasons explained below, it is my opinion that a shooting preserve operator is an “outfitter” within the meaning of N.D.C.C. ch. 20.1-03 and must therefore obtain an outfitter’s license. ANALYSIS Chapter 20.1-12, N.D.C.C., governs private shooting preserves and requires, among other things,

OPEN RECORDS AND MEETINGS OPINION 2008-O-11 DATE ISSUED: June 6, 2008 ISSUED TO: Dickinson City Commission 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 Alan J. Reed, Managing Editor of the Dickinson Press , asking whether the Dickinson City Commission and the South Heart City Council violated the open meetings law when members of both governing bodies attended a presentation hosted and organized by representatives of the Great Northern Power Development, L.P., regarding the proposed

LETTER OPINION 2008-L-08 May 22, 2008 The Honorable Dwight Wrangham State Representative 301 52nd Street SE Bismarck, ND 58501-8604 The Honorable Mark Dosch State Representative 509 Cottonwood Loop Bismarck, ND 58504-7411 The Honorable Lisa Meier State Representative 1713 South 3rd Street Bismarck, ND 58504-7114 Dear Representatives Wrangham, Dosch, and Meier: Thank you for your letter asking questions about the construction of an aquatic and wellness center (“aquatic center”) by the Bismarck Parks and Recreation District (“Park District”) and the North Dakota State Board of Higher Education

LETTER OPINION 2008-L-07 May 20, 2008 Mr. John T. Shockley Harwood City Attorney PO Box 458 West Fargo, ND 58078-0458 Dear Mr. Shockley: Thank you for your letter inquiring whether members of a city council, who are affiliated with a nonprofit corporation that is proposing to donate a community center to the city on the condition that the city assumes the mortgage on the building, have a conflict of interest under N.D.C.C. § 44-04-22. For the reasons explained below, it is my opinion that, under the facts of this case, N.D.C.C. § 44-04-22 is inapplicable and the members of the city council

LETTER OPINION 2008-L-06 May 12, 2008 Dr. Wayne G. Sanstead Superintendent of Public Instruction 600 East Boulevard Avenue Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your letter inquiring whether N.D.C.C. § 12-60-24 requires that public and nonpublic schools request criminal history record checks; allows criminal history record checks on current as well as prospective school employees; and allows criminal history record checks on school volunteers, student teachers and other non-paid positions. For the reasons indicated below, it is my opinion that section 12-60-24 permits, bu

OPEN RECORDS AND MEETINGS OPINION 2008-O-10 DATE ISSUED: May 2, 2008 ISSUED TO: Stark County Commission Stark County Zoning Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mark Trechock, Staff Director of the Dakota Resource Council, asking whether the Stark County Commission and the Stark County Zoning Board violated the open meetings law when members of both governing bodies attended a presentation hosted and organized by representatives of the Great Northern Power Development, L.P., regarding the proposed coal gasi

LETTER OPINION 2008-L-05 April 23, 2008 The Honorable Steven L. Zaiser State Representative 802 7th Street South Fargo, ND 58103-2706 Dear Representative Zaiser: Thank you for your letter raising several questions about financing the construction of a new high school by the Fargo Public School District (“District”) and its power to form a building authority. For the reasons indicated below, it is my opinion that the District has the authority to finance construction of a new high school from the combined building fund tax levies provided in N.D.C.C. §§ 15.1-09-47, 15.1-09-49, and 57-15-16

LETTER OPINION 2008-L-04 April 7, 2008 Mr. Frederick R. Fremgen Stutsman County State’s Attorney 511 2nd Avenue SE Jamestown, ND 58401-4210 Dear Mr. Fremgen: Thank you for your letter asking whether a home rule county may enact an ordinance imposing an additional property tax levy solely on land classified as agricultural to finance construction and repair of county roads primarily necessitated by agricultural-related use of the roads. For the reasons indicated below, it is my opinion that if the home rule county’s charter contains the authority to control its finances and to levy and colle

OPEN RECORDS AND MEETINGS OPINION 2008-O-09 DATE ISSUED: April 4, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Chad Nodland, on behalf of NorthDecoder.com, asking whether Workforce Safety and Insurance violated the open records law by claiming a record was protected attorney work product. 1 FACTS PRESENTED On December 20, 2007, Chad Nodland requested the following information from Workforce Safety and Insurance (“WSI”): A copy of any legal

OPEN RECORDS AND MEETINGS OPINION 2008-O-08 DATE ISSUED: April 2, 2008 ISSUED TO: Pierce County Social Services CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from John Ford asking whether Pierce County Social Services violated N.D.C.C. § 44-04-18 by asking that Mr. Ford submit his request in writing and for failing to provide the records requested within a reasonable time. FACTS PRESENTED On October 23, 2007, Mr. Ford visited Pierce County Social Services (“Pierce County”) requesting information about foster care reimbursements. 1

LETTER OPINION 2008-L-03 April 2, 2008 The Honorable Susan E. Wefald The Honorable Tony Clark The Honorable Kevin Cramer Public Service Commission 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioners Wefald, Clark and Cramer: Thank you for your letter asking whether the Public Service Commission (PSC) has the authority under N.D.C.C. § 49-02-27 to adopt rules governing the decommissioning of commercial wind energy conversion facilities with a generating capacity of less than 100 megawatts (100,000 kilowatts). For the reasons explained below, it is my opinion that the PSC has the

OPEN RECORDS AND MEETINGS OPINION 2008-O-07 DATE ISSUED: March 20, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION Chad Nodland requests that the Attorney General review Workforce Safety and Insurance’s (“WSI”) denials made on October 31 and November 2, 2007, in response to Mr. Nodland’s open records requests to WSI under N.D.C.C. § 44-04-18. 1 FACTS PRESENTED On October 30, 2007 (11:01 a.m.), Chad Nodland requested “copies of any e-mail correspondence (with attachments) between WSI Board Member/Audit Committee Chairman, Evan

OPEN RECORDS AND MEETINGS OPINION 2008-O-06 DATE ISSUED: March 14, 2008 ISSUED TO: Cavalier Fire Department Cavalier Rural Fire Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Scott Heck asking whether the Cavalier Fire Department and the Cavalier Rural Fire Department violated N.D.C.C. § 44-04-18 by failing to provide Mr. Heck with the records requested within a reasonable time. FACTS PRESENTED On November 14, 2007, Mr. Heck sent an open records request to the Cavalier Fire Department and Cavali

OPEN RECORDS AND MEETINGS OPINION 2008-O-05 DATE ISSUED: February 29, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Chad Nodland asking whether Workforce Safety and Insurance (“WSI”) violated the open records law when it denied Mr. Nodland’s request for records pursuant to N.D.C.C. § 32-12.2-11, and because WSI did not provide Mr. Nodland with an index of the records that were not provided to him. FACTS PRESENTED On November 5, 2007, Kay Grinsteinner, Internal Audit Manager

OPEN RECORDS AND MEETINGS OPINION 2008-O-03 DATE ISSUED: February 29, 2008 ISSUED TO: Workforce Safety and Insurance CITIZEN’S REQUEST FOR OPINION Chad Nodland alleges that Workforce Safety and Insurance ("WSI") violated the open records law by improperly claiming that two video clips recorded by WSI’s video surveillance security system are exempt records under N.D.C.C. § 44-04-24 and by refusing to provide a copy of the video surveillance recordings in violation of N.D.C.C. § 44-04-18. FACTS PRESENTED WSI has a video surveillance security system that monitors the areas outside and

LETTER OPINION 2008-L-02 February 27, 2008 Mr. Erik Johnson Fargo City Attorney 505 Broadway St N Ste 206 Fargo, ND 58102-4489 Dear Mr. Johnson: Thank you for your letter requesting my opinion on whether the provision in Fargo’s home rule charter that allows the city commission to modify an initiated ordinance, supersedes the state law that allows modification of an initiated ordinance only by a vote of the people. You also ask whether the Fargo city commission may, under its home rule powers, enact an ordinance allowing the city commission to submit proposed ordinances to the city’s v

LETTER OPINION 2008-L-01 February 13, 2008 Mr. Ladd R. Erickson McLean County State’s Attorney PO Box 1108 Washburn, ND 58577-1108 Dear Mr. Erickson: Thank you for your September 6, 2007, letter inquiring about N.D.C.C. § 11-18-05. For the reasons indicated below, it is my opinion that duplicate records of the county recorder stored offsite as a security measure may not be duplicated by the public. It is my further opinion that a private entity does not retain ownership of records it gives to a public entity. It is my further opinion that the county recorder may limit the use of personal

OPEN RECORDS AND MEETINGS OPINION 2008-O-02 DATE ISSUED: February 4, 2008 ISSUED TO: Burke County Board of County Commissioners CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Barry Jager asking whether the Burke County Board of County Commissioners violated N.D.C.C. §§ 44-04-19, 44-04-20 and 44-04-19.2, by holding a meeting without proper notice, by failing to follow proper procedures for conducting an executive session and by holding an executive session that was not authorized by law. FACTS PRESENTED The Burke County Commissi

OPEN RECORDS AND MEETINGS OPINION 2008-O-01 DATE ISSUED: January 28, 2008 ISSUED TO: Forbes City Council CITIZEN’S REQUEST FOR OPINION Marge Rohrbach alleges that the Forbes City Council ("Council") violated the open meetings law because a quorum of the Council held an informal gathering at which the members discussed public business in violation of N.D.C.C. § 44-04-19. FACTS PRESENTED On October 1, 2007, the City of Forbes held a regular meeting of the Forbes City Council. The morning before the meeting, the husband of a Council member had coffee at the Forbes Equity Exchange Elevator w

LETTER OPINION 2007-L-18 December 20, 2007 The Honorable Kenton Onstad House of Representatives - District 4 3515 66th Ave NW Parshall, ND 58770-9456 Dear Representative Onstad: Thank you for asking my opinion whether a public school district can use public monies to fund college scholarships for graduated seniors. It is my opinion that a public school district is not authorized to undertake activities other than kindergarten through 12th grade education, and a public school district is prohibited from providing scholarships for college or other postsecondary institutions. ANALYSIS The Nort