North Dakota AG Opinions, 2005

LETTER OPINION 2005-L-11 March 17, 2005 Ms. Robin Huseby Barnes County State’s Attorney 230 4th Street NW Valley City, ND 58072-2947 Dear Ms. Huseby: Thank you for your letter asking whether a city-county health district may expend monies in excess of its budgeted funds and, if not, how may the funds be recovered. For the reasons indicated below, it is my opinion that a city-county health district lacks the authority to expend monies in excess of its budgeted revenues. It is my further opinion that if a city-county health district unlawfully expends money in excess of its budgeted revenue

LETTER OPINION 2005-L-10 March 3, 2005 The Honorable John Warner State Senator 600 East Boulevard Avenue Bismarck, ND 58505 Dear Senator Warner: Thank you for your letter asking whether the board of the newly reorganized Lewis and Clark Public School District is bound for five years by the general fund mill levy proposed in its reorganization plan, or whether the board is allowed to increase the mill levy based on current needs. It is my opinion that the board of the Lewis and Clark Public School District may increase its general fund mill levy above the amount propose

LETTER OPINION 2005-L-09 February 17, 2005 Mr. T. L. Secrest Adams County State’s Attorney PO Box 430 Hettinger, ND 58639 Dear Mr. Secrest: Thank you for asking whether a state’s attorney may appoint an assistant state’s attorney who is not a resident of either the county or the state of North Dakota, but who is licensed to practice law in North Dakota. As discussed below, it is my opinion a state’s attorney may appoint a nonresident as an assistant state’s attorney if the assistant is licensed to practice law in North Dakota. ANALYSIS Section 11-16-02, N.D.C.C., allows a state’s

LETTER OPINION 2005-L-08 February 17, 2005 The Honorable Larry J. Robinson State Senator 3584 Sheyenne Circle Valley City, ND 58072-9545 Ms. Robin Huseby Barnes County State’s Attorney 230 4th St NW Valley City, ND 58072 Dear Senator Robinson and Ms. Huseby: Thank you for asking whether the structure of and appointments to a joint city-county board of heath are determined by the governing bodies of the city and county or by the board itself. It is my opinion that the governing bodies of the city and the county, and not the board, have the authority to structure and determine the manner in w

OPEN RECORDS AND MEETINGS OPINION 2005-O-04 DATE ISSUED: February 9, 2005 ISSUED TO: Cavalier City Council CITIZEN’S REQUEST FOR AN OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Cyril J. Kalinowski asserting that the Cavalier City Council (Council) violated N.D.C.C. § 44-04-20 by not providing proper notice of the location and general subject matter of a planned executive session held during their regular meeting on December 6, 2004, and N.D.C.C. § 44-04-19 and N.D.C.C. § 44-04-20 by holding an improper meeting by telephone and an

OPEN RECORDS AND MEETINGS OPINION 2005-O-03 DATE ISSUED: February 8, 2005 ISSUED TO: City of Fargo, Garylle B. Stewart, City Attorney 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 at The Fargo Forum (Forum) asking whether the Fargo City Commission (Commission) violated N.D.C.C. § 44-04-18, the open records law, by not providing records regarding the Commission’s Cable Television Review Committee (Committee). Mr. Von Pinnon also asks whether N.D.C.C. § 44-04-19 was violated because meetings of this Committe

LETTER OPINION 2005-L-07 February 7, 2005 The Honorable Larry Bellew State Representative House Chambers 600 East Boulevard Avenue Bismarck, ND 58505 Dear Representative Bellew: Thank you for your letter asking whether the method for setting university tuition and fees under N.D.C.C. § 15-10-17 complies with the state constitution. For the reasons indicated below, it is my opinion that N.D.C.C. § 15-10-17(3) complies with the applicable provisions of the North Dakota Constitution. ANALYSIS Section 15-10-17, N.D.C.C., provides, in part, as follows: The state board of higher education has all t

LETTER OPINION 2005-L-06 February 4, 2005 The Honorable Wayne G. Sanstead Superintendent of Public Instruction 600 E Boulevard Ave. Bismarck, ND 58505 Dear Superintendent Sanstead: Thank you for asking whether payments made by a school district receiving impact aid to a school district that admits its students may be classified as a “tuition payment” as that term is used in N.D.C.C. § 15.1-27-11(1)(b). In addition, you ask whether an admitting school district must charge tuition based upon the formula outlined in N.D.C.C. § 15.1-29-12, or whether the school districts are

LETTER OPINION 2005-L-05 January 28, 2005 Mr. Timothy A. Priebe Dickinson City Attorney Mackoff Kellogg Law Firm PO Box 1097 Dickinson, ND 58602-1097 Dear Mr. Priebe: Thank you for your letter asking whether a proposed facility located on the campus of Dickinson State University would be exempt from ad valorem taxes under N.D.C.C. ch. 57-02. For the reasons indicated below, it is my opinion that any building for the described proposed project will be exempt from ad valorem taxes if it is used at least in part for academic or research purposes by students and faculty of the University, as pr

LETTER OPINION 2005-L-04 January 25, 2005 Mr. Rudy Jenson Chairman Administrative Committee on Veterans Affairs 408 6th Ave NE Valley City, ND 58072 Dear Mr. Jenson: Thank you for asking about the county veterans’ service officer’s duty to assist veterans living at the Veterans’ Home in Ransom County. It is my opinion that the county veterans’ service officer has a duty to assist veterans at the Veterans’ Home in Ransom County regardless of the veterans’ legal residence. ANALYSIS County veterans’ service officers are provided for and their duties prescribed by N.D.C.C.

LETTER OPINION 2005-L-03 January 17, 2005 Ms. Barbara Whelan Pembina County State’s Attorney 301 Dakota St W # 9 Cavalier, ND 58220 Dear Ms. Whelan: Thank you for your letter asking whether a photocopy of a death certificate may be filed with the county recorder to transfer title to real estate under N.D.C.C. § 47-19-06, and whether a filing fee is owed for filing a document that is a substitute for a document rejected by the Recorder for which a filing fee had been paid. It is my opinion that N.D.C.C. § 47-19-06 permits only a certified death certificate to be filed under that section to t

LETTER OPINION 2005-L-02 January 13, 2005 The Honorable Ken Svedjan Chairman, Budget Section Legislative Council 600 East Boulevard Avenue Bismarck, ND 58505 Dear Representative Svedjan: Thank you for your letter questioning the constitutionality of the proposal contained in Senate Bill No. 2018 that would allow the Department of Commerce to borrow up to $50,000,000 from the Bank of North Dakota as a source of funding for the proposed centers of excellence. In essence, you are asking whether this plan would violate the state’s constitutional debt limit found in N.D. Const. art. X, § 13. For

OPEN RECORDS AND MEETINGS OPINION 2005-O-02 DATE ISSUED: January 12, 2005 ISSUED TO: Cass County Historical Society CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lou Ziegler, editor of The Fargo Forum, asking whether the Cass County, North Dakota, Historical Society (Society) and its executive committee violated the state’s open meetings laws in the process of firing its executive director. 1 FACTS PRESENTED The Society receives about 15 percent of its annual funding from Cass County. Cass County also pa

OPEN RECORDS AND MEETINGS OPINION 2005-O-01 DATE ISSUED: January 10, 2005 ISSUED TO: City of Napoleon CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Leona Roehrich asking whether the city of Napoleon (City) violated N.D.C.C. § 44-04-20(2) by discussing a matter that was not listed on the agenda of a regular meeting of the City Council; violated N.D.C.C. § 44-04-21 by failing to vote to maintain an existing policy; violated N.D.C.C. § 44-04-21(2)(c) by failing to list in the minutes of the meeting a topic that was discussed but

LETTER OPINION 2005-L-01 January 3, 2005 Mr. Ken Royse Chairman Burleigh County Water Resource District 221 North 5th Street Bismarck, ND 58501 Dear Mr. Royse: Thank you for your letter asking whether the state may allow land developers to construct wildlife habitat on Missouri River sandbars to satisfy federal mitigation requirements. It is my opinion that the state may allow land developers to construct wildlife habitat on Missouri River sandbars to satisfy federal mitigation requirements provided the state permit is issued under a comprehensive river management plan,