North Dakota Attorney General Opinions

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL. OPEN RECORDS AND MEETINGS OPINION 2024-0-03 DATE ISSUED: January 9, 2024 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION Dr. Jake Schmitz requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Board of Chiropractic Examiners violated N.D.C.C. § 44-04-18 by improperly denying a request for records. FACTS PRESENTED The North Dakota Board of Chiropractic Examiners (Board) held a special

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2024-O-02 DATE ISSUED: January 3, 2024 ISSUED TO: City of Mandan - Fire Department CITIZEN’S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Mandan, specifically the Fire Chief, violated N.D.C.C. § 44-04-18 by failing to provide a copy of a record. FACTS PRESENTED On May 26 and June 26, 2022, Karen Jordan requested that the Mandan Fire Chief Steve Nardell

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2024-0-01 DATE ISSUED: January 3, 2024 ISSUED TO: Morton County - Board of Equalization CITIZEN’S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Morton County Board of Equalization (Board) violated N.D.C.C. §§ 44-04-18 by failing to respond to a record request. FACTS PRESENTED In June 2022, Ms. Jordan requested the Board’s annual meeting publication notices! vi

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-09 DATE ISSUED: December 27, 2023 ISSUED TO: Morton County Sheriff’s Office CITIZEN’S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Morton County Sheriff's Office violated N.D.C.C. § 44-04-18 by failing to provide requested records. FACTS PRESENTED Beginning at least in March 2022, Karen Jordan sent Morton County Sheriff Kyle Kirchmeier several lengthy

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-O-08 DATE ISSUED: November 20, 2023 ISSUED TO: Office of the Governor North Dakota Department of Agriculture North Dakota Information Technology CITIZEN’S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Office of the Governor (Governor’s Office), the North Dakota Department of Agriculture (Agriculture Department), and the North Dakota Information Technology

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-O0-07 DATE ISSUED: November 20, 2023 ISSUED TO: Morton County State’s Attorney’s Office CITIZEN’S REQUEST FOR OPINION Karen Jordan and S. Paul Jordan! requested an opinion from this office under North Dakota Century Code § 44-04-21.1 asking whether the Morton County State’s Attorney’s office violated N.D.C.C. § 44-04-18 by failing to provide a record. FACTS PRESENTED On March 14, 2022, Karen Jordan requested “a copy of the la

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-06 DATE ISSUED: November 20, 2023 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION Dr. Jake Schmitz requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Board of Chiropractic Examiners violated N.D.C.C. § 44-04-18 by unreasonably delaying providing requested records. FACTS PRESENTED On December 6, 2021, Dr. Schmitz requested phone logs for all

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2023-L-01 Mr. Beau M. Cummings Ramsey County State’s Attorney 524 4" Avenue NE, Unit 16 Devils Lake, ND 58301 Dear Mr. Cummings: Thank you for your letter requesting an opinion on several issues relating to Ramsey County’s annual auction sale of property acquired by the county because of a tax lien foreclosure. Based upon the information provided, it is my opinion that 1) Ramsey County conducted its annual auction sale of property acquired by the cou

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-05 DATE ISSUED: October 12, 2023 ISSUED TO: Williston Basin School District #7 CITIZEN’S REQUEST FOR OPINION Michael J. Geiermann requested an opinion from this office under North Dakota Century Code § 44-04-21.1, asking whether Williston Basin School District #7 violated N.D.C.C. §§ 44-04-20, 44-04-19.2, 44-04-19 by improperly noticing an executive session, failing to properly describe the general subject matter and legal au

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-04 DATE ISSUED: September 28, 2023 ISSUED TO: City of Fargo CITIZEN’S REQUEST FOR OPINION Christopher Coen requested an opinion from this office under N.D.C.C. § 44-04-21.1 regarding whether the City of Fargo (Fargo) violated N.D.C.C. § 44-04-18 by unreasonably delaying the release of requested records. FACTS PRESENTED On February 17, 2022, Mr. Coen made two open record requests to Fargo for records related to the Fargo Pol

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-03 DATE ISSUED: August 22, 2023 ISSUED TO: Wells County Commission CITIZEN’S REQUEST FOR OPINION Sheriff Christopher A. Kluth requested an opinion from this office under North Dakota Century Code § 44-04-21.1, asking whether Wells County Commission (Commission) violated N.D.C.C. § 44-04-19 by improperly noticing a meeting and failing to create minutes.! FACTS PRESENTED Approximately once a month, Wells County holds a Depart

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-O-02 DATE ISSUED: August 7, 2023 ISSUED TO: North Dakota Highway Patrol and State Radio CITIZEN’S REQUEST FOR OPINION Forum Communications (The Forum) requested an opinion from this office under N.D.C.C. § 44-04-21.1, asking whether the North Dakota Highway Patrol and State Radio, a division of the North Dakota Department of Emergency Services, violated N.D.C.C. § 44-04-18 by denying The Forum’s requests for transcripts of 911 c

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley > ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-01 DATE ISSUED: July 27, 2023 ISSUED TO: Devils Lake Park Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Shane Hamre asking whether the Devils Lake Park Board violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Devils Lake Park Board (Board) held a regular meeting on December 15, 2021.' The meeting notice was posted on

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-O-16 DATE ISSUED: December 22, 2022 ISSUED TO: Billings County Commission CITIZEN’S REQUEST FOR OPINION Jim Fuglie and Elizabeth Loos requested opinions from this office under N.D.C.C. § 44-04-21.1 asking whether the Billings County Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting that was not preceded by public notice. FACTS PRESENTED In late September 2021, Bill Panos, then Director of the North Dak

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2022-L-07 Dr. Rebecca S. Pitkin Executive Director North Dakota Education Standards and Practices Board 2718 Gateway Ave., Ste. 204 Bismarck, ND 58503-0585 Dear Dr. Pitkin: Thank you for your questions regarding the Teacher Support System and the availability of related grants for private school teachers. Specifically, you ask (1) whether private school teachers who are also mentors may participate in the Teacher Support System, and (2) whether pr

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2022-L-06 Representative Karla Rose Hanson District 44 1114 Fifth Street North Fargo, ND 58102-3713 Representative Zachary Ista District 43 3850 15" Avenue South Grand Forks, ND 58201-3727 Dear Representatives Hanson and Ista: Thank you for your letter requesting an opinion on several questions related to statutes governing abortion, specifically North Dakota Century Code (N.D.C.C.) § 12.1-31-12 and N.D.C.C. ch. 14- 02.1!. These statutes and simi

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL www.attorneygeneral. nd. gov (701) 328-2210 LETTER OPINION 2022-L-05 Mr. Birch Burdick Cass County State's Attorney P. 0. Box 2806 Fargo, ND 58108-2806 burdickb@casscountynd.gov Dear Mr. Burdick: Thank you for your letter requesting an opinion on whether North Dakota law allows proof of citizenship as a condition for voting in North Dakota elections. Your inquiry arose in the context of individuals seeking to vote and asserting their citizenship of the United States despite their identification indi

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-15 DATE ISSUED: October 17, 2022 ISSUED TO: Pelican Township CITIZEN’S REQUEST FOR OPINION Tyler J. Leverington requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether Pelican Township violated N.D.C.C. § 44-04-18 by denying a request for records.! FACTS PRESENTED Grand Prairie Agriculture, LLP (Grand Prairie) submitted a petition for approval of a proposed animal feeding operation to Pelican Townsh

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-14 DATE ISSUED: October 17, 2022 ISSUED TO: Butte Township Board of Supervisors CITIZEN’S REQUEST FOR OPINION Scott Howe requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether the Butte Township Board of Supervisors violated N.D.C.C. § 44-04-20 by failing to properly notice special meetings. FACTS PRESENTED The Butte Township Board of Supervisors (Board) held special meetings on May 19, 2021, May 27

LETTER OPINION 2022-L-04 October 11, 2022 Page 3 subject to open records requests is inherent in the Legislative Assembly’s decision to designate records of the NDPHP as confidential and codify the circumstances under which the NDPHP’s records may be disclosed. The NDPHP satisfies each of the four, different scenarios above, and satisfying any one of them renders an organization a public entity for open records and meetings laws. First, the physician health program was created by state statute and is recognized by state statute. 18 Second, in accordance with state law, the Board, which is

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-13 DATE ISSUED: September 29, 2022 ISSUED TO: Minot Public School District No. 1 CITIZEN’S REQUEST FOR OPINION Mike Blessum requested an opinion from this office under N.D.C.C. § 44-04-21.1 regarding whether the Minot Public School District No. 1 (MPS) violated N.D.C.C. § 44-04-19 by holding an unnoticed committee meeting. FACTS PRESENTED On May 30, 2020, MPS Superintendent Mark Vollmer, “in consultation with members of his

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-12 DATE ISSUED: September 29, 2022 ISSUED TO: North Prairie Regional Water District CITIZEN’S REQUEST FOR OPINION Crystal Hendrickson requested an opinion under N.D.C.C. § 44-04-21.1 from this office regarding whether North Prairie Regional Water District violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting and failing to provide records within a reasonable time. FACTS PRESENTED The North Prairie Re

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-11 DATE ISSUED: September 29, 2022 ISSUED TO: Lewis & Clark Public 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 Shari Powell regarding whether the Lewis & Clark Public School Board violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Lewis & Clark Public School Board (Board) held a special meeting on October 27,

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS SUMMARY OPINION 2022-0-10 DATE ISSUED: September 29, 2022 ISSUED TO: Lewis & Clark Public School Board CITIZEN’S REQUEST FOR OPINION Traci Braaflat requested an opinion under N.D.C.C. § 44-04-21.1 from this office regarding whether the Lewis & Clark Public School Board violated N.D.C.C. § 44-04-20 by failing to provide notice of special meetings. FACTS PRESENTED On October 22, 2021, Traci Braaflat requested notice “of all future board m

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-09 DATE ISSUED: September 29, 2022 ISSUED TO: City of Crosby CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Cecile Wehrman, Publisher of The Journal, asking whether the City of Crosby violated N.D.C.C. §§ 44- 04-20 and 44-04-18 by failing to provide notice of a special meeting and improperly denying a request for records.! FACTS PRESENTED Thirty minutes before th

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS SUMMARY OPINION 2022-0-08 DATE ISSUED: September 1, 2022 ISSUED TO: City of Mandan Board of Equalization CITIZEN’S REQUEST FOR OPINION S. Paul Jordan requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether the City of Mandan Board of Equalization violated N.D.C.C. § 44-04-20(3) by not providing personal notice of a meeting. FACTS PRESENTED Mr. Jordan did not receive a notice from the City of Mandan (City) for a Boa

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2022-L-03 Dr. Nizar Wehbi State Health Officer Department of Health 600 E. Boulevard Ave., Dept. 301 Bismarck, ND 58505 Dear Dr. Wehbi: Thank you for your letter requesting an opinion on the meaning of the phrase “electronic machine- readable code” as utilized in N.D.C.C, § 23-01-05.3. In my opinion, “electronic machine-readable code,” as utilized in N.D.C.C. § 23-01-05.3, refers to an electronic quick response code (“QR code”) related to vaccinati

OPEN RECORDS AND MEETINGS OPINION 2022-O-07 DATE ISSUED: July 1, 2022 ISSUED TO: Lake Region District Health Board CITIZEN’S REQUEST FOR OPINION Eric Arndt, with KZZY Radio, requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether the Lake Region District Health Board violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting of a committee. FACTS PRESENTED On March 1, 2022, the Lake Region District Health Board (Board) created a committee to conduct interviews for the Lake Region District Health Unit Administrator position. All five people appoin

OPEN RECORDS AND MEETINGS OPINION 2022-O-06 DATE ISSUED: May 19, 2022 ISSUED TO: Williston Parks and Recreation District Board CITIZEN’S REQUEST FOR OPINION Jamie Kelly, editor of the Williston Herald, and Thomas Kalil, on behalf of Thomas Simon of Williston Trending News Radio, requested opinions under N.D.C.C. § 44-04-21.1, asking whether the Williston Parks and Recreation District Board violated N.D.C.C. § 44-04-20 by improperly noticing an executive session. Thomas Kalil also asked whether Williston Parks and Recreation District Board violated N.D.C.C. § 44-04-20 by not providing spec

OPEN RECORDS AND MEETINGS OPINION 2022-O-05 DATE ISSUED: May 19, 2022 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION Dr. Jake Schmitz and Dr. Mason Custer requested opinions under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Board of Chiropractic Examiners violated N.D.C.C. § 44-04-18 by withholding a recording of an executive session regarding records. FACTS PRESENTED The North Dakota Board of Chiropractic Examiners (Board) held a regular meeting on March 26, 2021. 1 During that meeting, an executive session was he

OPEN RECORDS AND MEETINGS OPINION 2022-O-04 DATE ISSUED: May 13, 2022 ISSUED TO: Stark County Board of Commissioners CITIZEN’S REQUEST FOR OPINION Leslie Ross asked this office whether the Stark County Board of Commissioners (Commission) violated N.D.C.C. §§ 44-04-19, 44-04-19.1, 44-04-19.2, and 44-04-20 by failing to properly notice an executive session, not following proper procedure for entering into an executive session, and denying access to the open portion of a meeting. FACTS PRESENTED The Commission held a regular meeting on March 2, 2021. 1 The meeting notice and agenda, stated

OPEN RECORDS AND MEETINGS OPINION 2022-O-03 DATE ISSUED: April 6, 2022 ISSUED TO: City of Benedict CITIZEN’S REQUEST FOR OPINION Allen Tomlinson requested an opinion under N.D.C.C. § 44-04-21.1, asking whether the Benedict City Council violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Benedict City Council holds regularly scheduled meetings on the second Monday of every month at City Hall. 1 The City Council usually posts its meeting notices on the bulletin board in the lobby of the Benedict Post Office as well as on the front

LETTER OPINION 2022-L-02 Commissioner Joseph Heringer Department of Trust Lands PO Box 5523 Bismarck, ND 58506-5523 Dear Commissioner Heringer, Thank you for your letter requesting an opinion on whether the Board of University and School Lands (“Board”) can lease previously unleased lands through a subsequent public auction and whether this subsequent public auction is subject to the requirements of N.D.C.C. § 15-04-10. In my opinion, the Board may lease the lands at a subsequent public auction pursuant to N.D. Constitution Article IX, Section 8 and N.D.C.C. § 15-04-10, a

OPEN RECORDS AND MEETINGS OPINION 2022-O-02 DATE ISSUED: January 19, 2022 ISSUED TO: Hettinger Public School CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Michael J. Geiermann asking whether Hettinger Public School Board violated N.D.C.C. §§ 44-04-20, 44-04-19.2, and 44-04-19, by improperly noticing an executive session, failing to properly describe the general subject matter and legal authority before entering an executive session, and holding an unauthorized executive session. FACTS PRESENT

OPEN RECORDS AND MEETINGS OPINION 2022-O-01 DATE ISSUED: January 19, 2022 ISSUED TO: Stark County Board of Commissioners CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Leslie Ross asking whether the Stark County Board of Commissioners (Stark County) violated N.D.C.C. § 44-04-18 by not providing records within a reasonable time and improperly denying a records request. FACTS PRESENTED On October 27, 2020, Leslie Ross made a records request to Stark County for records related to finalist applications for a human re

LETTER OPINION 2022-L-01 The Honorable Thomas Beadle State Treasurer 600 E. Boulevard Ave Dept 120 Bismarck, ND 58505 Dear Mr. Beadle: Thank you for your letter inquiring as to the method of distribution of gross production and oil extraction taxes to the constitutional funds set forth in N.D. Const. art. X, §§ 22, 24, and 26. For the reasons indicated below, it is my opinion that the distributions of gross production and oil extraction tax revenues should be allocated from the state’s share of the aforementioned revenues. Further, that portion of the gross production and oil extraction tax re

LETTER OPINION 2021-L-04 Mr. Ron Goodman, Chairman Ethics Commission 101 Slate Drive #4 Bismarck, ND 58503 Dear Mr. Goodman: Thank you for your letter requesting an opinion on whether Article XIV, § 2(5) of the North Dakota State Constitution is an unconstitutional restriction of the First Amendment’s freedom of association. For the reasons indicated below, it is my opinion that if a court were to rule on this matter, it likely would determine that N.D. Const. art XIV, § 2(5) is facially constitutional under the First Amendment. ANALYSIS In 2018, the voters passed initiated

OPEN RECORDS AND MEETINGS OPINION 2021-O-12 DATE ISSUED: December 17, 2021 ISSUED TO: Horse Race 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 Wendy Reuer, on behalf of The Forum of Fargo-Moorhead (The Forum), asking whether Horse Race North Dakota violated N.D.C.C. §§ 44-04-20 and 44-04-19 by failing to properly post and provide notice of meetings and failing to provide requested records. FACTS PRESENTED Horse Race North Dakota is a non-profit corporation, governed by a board of directors,

LETTER OPINION 2021-L-03 Rep Keith Kempenich District 39, 9005 151st Avenue SW Bowman, ND 58623-8857 Dear Representative Kempenich, Thank you for requesting my opinion on whether the State Investment Board’s (SIB) compliance with H.B. 1425, § 2, 2021 N.D. Leg., breaches SIB’s fiduciary duty. It is my opinion that, provided selected in-state investment firms and financial institutions are qualified, and investment decisions are otherwise consistent with the prudent investor rule, SIB’s compliance with the Section 2 preference, in and of itself, is not a breach of SIB’s fiduciary duty. ANALYSIS

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2021-O-11 DATE ISSUED: November 8, 2021 ISSUED TO: City of Oberon CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Corey Ploium asking whether the City of Oberon violated N.D.C.C. § 44-04-18 by failing to respond to a record request within a reasonable time. FACTS PRESENTED On March 22, Mr. Ploium contacted this office regarding a records request to the City of Oberon. He explained that he had requested meeting agendas, minutes, and bills for 2020 from the Oberon City Auditor on January 4,

LETTER OPINION 2021-L-02 November 3, 2021 Chancellor Mark Hagerott North Dakota University System 600 East Boulevard Ave., Dept. 215 Bismarck, ND 58505-0230 Dear Chancellor Hagerott: Thank you for your letter asking for clarification about the legality and the interpretation of Senate Bill 2030. You asked whether S.B. 2030 was unenforceable considering prior court decisions, whether it violated separation of powers, and whether it was unconstitutionally vague. Finally, you asked how the State Board of Higher Education (SBHE) and the institutions under its control should

OPEN RECORDS AND MEETINGS OPINION 2021-O-10 DATE ISSUED: September 23, 2021 ISSUED TO: Mandan Public 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 Mathias Gieser asking whether the Mandan Public School Board violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting. FACTS PRESENTED The Mandan Public School Board (School Board) held a special meeting at 5:30 P.M. in the Brave Center 1 on June 8, 2021. 2 The special meeting notice was e-mailed with an agenda at 4:05 p.m. on June 7, 2021, to t

OPEN RECORDS AND MEETINGS OPINION 2021-O-09 DATE ISSUED: September 3, 2021 ISSUED TO: Office of the Governor CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Editor, NorthDecoder, asking whether the Office of the Governor violated N.D.C.C. § 44-04- 18 by failing to provide records within a reasonable time. FACTS PRESENTED On November 25, 2020, the Governor’s office received a request for records from Editor, NorthDecoder, (Editor) for [A]ll communications/correspondence between Doug Burgum and anybody in the Governor’s office and

OPEN RECORDS AND MEETINGS OPINION 2021 - O - 08 DATE ISSUED: August 26, 2021 ISSUED TO: City of Velva CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Terry Peterson asking whether the City of Velva violated N.D.C.C. 44-04-20 by failing to properly notice a special meeting. FACTS PRESENTED The Velva City Commission (City) held a special meeting at the Velva City Hall on April 15, 2021. 1 The agenda for the special meeting was posted on the front entrance door of City Hall at approximately 1:40 p.m. on

July 21, 2021 Rebecca Flanders Pembina County State’s Attorney 301 Dakota St. W., # 9 Cavalier, ND 58220 Dear Ms. Flanders: I received your request for an opinion asking whether N.D.A.G. 2002-L-31 and N.D.A.G. 2002-L-70 continue to be the opinion of this office; and what are the potential consequences for failure of a political subdivision to follow the reasonable legal advice of the officials who are charged with the responsibility of giving legal advice. This office does not typically issue opinions to merely reconfirm opinions previously issued. We will revisit opinions if sub

OPEN RECORDS AND MEETINGS OPINION 2021 - O - 07 DATE ISSUED: July 8, 2021 ISSUED TO: North Prairie Regional Water District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Crystal Hendrickson asking whether North Prairie Regional Water District (District) violated N.D.C.C. § 44-04-20 when the District improperly noticed a special meeting and failed to create meeting minutes consistent with N.D.C.C. § 44-04-21. FACTS PRESENTED On March 10, 2021, the District nominating committee held a speci

O PEN RECORDS AND MEETINGS OPINION 2021 - O - 06 DATE ISSUED: July 8, 2021 ISSUED TO: North Prairie Regional Water District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Crystal Hendrickson asking whether North Prairie Regional Water District violated N.D.C.C. § 44-04-20 by discussing public business outside of a properly noticed meeting. FACTS PRESENTED The North Prairie Regional Water District (District) met for their regular monthly meeting on January 21, 2021. 1 Directors John Bearman, Wilbert Harsch, Blaine Kotase