North Dakota Attorney General Opinions

LETTER OPINION 2004-L-78 December 28, 2004 Mr. Harlan Klein Chairman North Dakota Wheat Commission 4023 State Street Bismarck, ND 58503-0690 Dear Mr. Klein: Thank you for your letter asking whether the North Dakota Wheat Commission (Commission) may, under N.D.C.C. ch. 4-28, incur legal and consulting expenses for its ongoing trade case beyond the revenues generated by the wheat tax levy dedicated for this purpose in the current biennium. For the reasons stated below, it is my opinion that the Commission lacks the authority under N.D.C.C. ch. 4-28 to incur legal and con

LETTER OPINION 2004-L-77 December 27, 2004 Mr. Stuart A. Larson Traill County State’s Attorney PO Box 847 Hillsboro, ND 58045-0847 Dear Mr. Larson: Thank you for asking whether a school district may prevent a high school student from participating in an extracurricular activity for using tobacco off school grounds during nonschool hours and, as a result, violating a school district rule, even though the tobacco use is legal because of the student’s age. 1 In my opinion, unless the school district can demonstrate that the conduct in question will have negative repercussions in the school env

LETTER OPINION 2004-L-76 December 22, 2004 Dr. Wayne G. Sanstead Superintendent of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your letter asking about the duty of school d istricts to monitor a home schooling parent who is not a qualified teacher. For the reasons discussed below, it is my opinion that, unless the parent selects and compensates an individual to monitor the child, the school district has a duty to assign and pay an individual to monitor the child. If the school district determines that the monitor should be

LETTER OPINION 2004-L-75 December 22, 2004 The Honorable Eliot Glassheim State Representative 619 N 3rd St Grand Forks, ND 58203-3203 Dear Representative Glassheim: Thank you for your letter asking whether the University of North Dakota campus buildings and grounds may be used for political purposes and whether the University may prohibit political or commercial speech or activities during student orientation. It is my opinion that the University of North Dakota buildings and grounds may, to the extent they are traditionally or by designation made available for public

LETTER OPINION 2004-L-74 December 20, 2004 Mr. Daniel Gaustad Pembina City Attorney PO Box 352 Grafton, ND 58237-0352 Dear Mr. Gaustad: Thank you for asking whether the city of Pembina may, given the current provisions in Pembina’s home rule charter and the ordinances adopted pursuant to the home rule charter, use its sales tax revenue to financially assist private entities, including the Pembina Golf Course Association (Association), which operates a golf course on city land. It is my opinion that Pembina cannot financially assist private entities, including the Association, under its curren

LETTER OPINION 2004-L-73 December 8, 2004 The Honorable Wayne G. Sanstead Superintendent of Public Instruction 600 E Boulevard Ave Bismarck, ND 58505 Dear Superintendent Sanstead: Thank you for your letter asking whether a military installation school district is responsible for the education of children who, but for the renovation or rebuilding of their military housing, would be living within the military installation school district. For the reasons discussed below, it is my opinion that a military installation school district is responsible for the education of c

LETTER OPINION 2004-L-72 December 6, 2004 Mr. Kent A. Reierson Williston City Attorney PO Box 1366 Williston, ND 58802-1366 Dear Mr. Reierson: Thank you for asking whether N.D.C.C. § 40-13-05 prohibits a city commissioner from purchasing real property the city obtained because of unpaid taxes and assessments. It is my opinion that N.D.C.C. § 40-13-05 prohibits a city commissioner from purchasing the real property from the city unless the rest of the city commissioners unanimously approve the purchase by finding that the purchase is necessary because the services or property obtained are not o

LETTER OPINION 2004-L-71 November 24, 2004 Mr. David Sprynczynatyk Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700 Dear Mr. Sprynczynatyk: Thank you for your letter asking whether a pedestrian or bicycle path may be constructed within the easement area of a general right of way easement conveyed to the county or state for a public highway. It is my opinion that, as a general rule, constructing a trail for pedestrians or bicyclists within an existing general right of way easement granted for a public highway without any restrictions or

LETTER OPINION 2004-L-70 November 18, 2004 Mr. Terry Elhard McIntosh County State’s Attorney PO Box 248 Ashley, ND 58413-0248 Dear Mr. Elhard: Thank you for your question regarding the ability of a county board of commissioners to raise the tax levy for emergency medical services from the amount previously approved by the voters to a new maximum levy set by the Legislative Assembly without a new vote of the electors. It is my opinion a county must submit a proposed increase of the mill levy, up to the maximum amount authorized, to the voters pursuant to N.D.C.C. § 57-15-50 prior to increasing

LETTER OPINION 2004-L-69 November 12, 2004 Mr. John Mahoney City Attorney PO Box 355 Center, ND 58530-0355 Dear Mr. Mahoney: Thank you for requesting an opinion concerning the time the city of Center (City) is obligated to maintain a portion of a federal-aid highway in the City under a cooperative agreement with the Department of Transportation (Department). 1 In my opinion the City is obligated to maintain the federal-aid highway in the City under the cooperative agreement with the Department so long as the highway is part of the federal-aid system. ANALYSIS The City entered into a NonEn

LETTER OPINION 2004-L-68 November 10, 2004 Ms. Francine Johnson Executive Director Private Investigation & Security Board 513 E Bismarck Expy Ste 5 Bismarck, ND 58504 Dear Ms. Johnson: Thank you for your letter asking whether a Montana armored car company (Company), whose employees are licensed in Montana, is exempt from licensing by the North Dakota Private Investigation & Security Board (Board) because a federal law provides that armored car company personnel licensed to carry firearms in one state are not required to be licensed in another state. In my opinion the Company is not exempt fro

LETTER OPINION 2004-L-67 November 4, 2004 The Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter asking whether a state officer 1 is limited to spending line item money transfers approved by the Emergency Commission only for the purpose outlined in the agency’s 2 itemized, verified petition. For the reasons stated below, it is my opinion that a state officer is limited to spending line item money transfers approved by the Emergency Commission only for the purpose outlined in the agency’s itemized, verifi

OPEN RECORDS AND MEETINGS OPINION 2004-O-24 DATE ISSUED: November 4, 2004 ISSUED TO: Southwest Multi-County Correction Center CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Curt Woodward asking whether the Southwest Multi-County Correction Center (SWMCCC) Board of Directors violated N.D.C.C. § 44-04-19 by holding executive sessions to discuss negotiating strategy regarding an early retirement package and to receive general legal advice from its attorney regarding reasonably predictable litigation. FACTS PRESENTED On July 8, 200

LETTER OPINION 2004-L-66 October 29, 2004 Mr. Dale L. Frink, P.E. State Engineer 900 E Boulevard Ave Bismarck, ND 58505-0850 Dear Mr. Frink: Thank you for your letter asking whether a county, city, or township may adopt an ordinance that incorporates future amendments to the relevant federal flood insurance study and rate map. It is my opinion that a county, city, or township may not adopt an ordinance that incorporates future revisions of a document such as the flood insurance study and rate map except through re-enactment of the ordinance to adopt a version of the map in existence at the

LETTER OPINION 2004-L-65 October 29, 2004 Mr. Richard J. Riha Burleigh County State’s Attorney 514 East Thayer Avenue Bismarck, ND 58501-4413 Dear Mr. Riha: Thank you for your letter asking whether the offices of county auditor and county recorder may be combined as “functionally related” offices under N.D.C.C. ch. 11-10.2. For the reasons discussed below, it is my opinion that the offices of county auditor and county recorder are functionally related and may be combined under N.D.C.C. ch. 11-10.2. ANALYSIS Section 11-10.2-01(1), N.D.C.C., states, in part: 1. A county may, without requiri

LETTER OPINION 2004-L-64 October 28, 2004 The Honorable John Andrist State Senate PO Box E Crosby, ND 58730-0660 Dear Senator Andrist: Thank you for your letter asking whether a City of Fargo election measure concerning publishing city commission meeting minutes is lawfully on the November 2, 2004, ballot. For the reasons indicated below, it is my opinion that the City of Fargo measure relating to publishing city commission meeting minutes is not lawfully on the November 2, 2004, ballot. ANALYSIS Election measures concerning the publication of city government proceedings are

OPEN RECORDS AND MEETINGS OPINION 2004-O-23 DATE ISSUED: October 27, 2004 ISSUED TO: Stark County CITIZEN’S REQUEST FOR OPINION This office received a timely request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Thomas Dietz asking whether Stark County violated N.D.C.C. § 44-04-18 by failing to grant access to marriage records. FACTS PRESENTED On September 10, 2004, Mr. Dietz requested and was denied access to certain marriage records from the Stark County recorder. The recorder informed Mr. Dietz that the records contained social security numbers and were th

OPEN RECORDS AND MEETINGS OPINION 2004-O-22 DATE ISSUED: October 12, 2004 ISSUED TO: Cavalier 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 Cyril J. Kalinowski (Kalinowski) asserting that the Cavalier City Council (Council) violated the open meetings law by failing to list topics in the notice of a special meeting of the personnel committee, failing to list an executive session in the notice of a regular meeting of the Council, and failing to decide an issue considered in an executive session in an open meeting. F

OPEN RECORDS AND MEETINGS OPINION 2004-O-21 DATE ISSUED: October 8, 2004 ISSUED TO: Fort Totten Public School District No. 30 Board of Education CITIZEN’S REQUEST FOR OPINION This office received a timely request for an opinion under N.D.C.C. § 44-04-21.1 from Clark Bormann on behalf of the North Dakota Council of Educational Leaders asking whether the Board of the Fort Totten School District No. 30 violated N.D.C.C. §§ 44-04-19.1 and 44-04-19.2 by holding an executive session which was not authorized by law and by failing to include in the minutes of the open meet

LETTER OPINION 2004-L-63 October 6, 2004 The Honorable Lois Delmore House of Representatives 714 S 22nd St Grand Forks, ND 58201-4138 Dear Representative Delmore: Thank you for your letter regarding the formula for calculating supplemental payments under N.D.C.C. § 15.1-27-11. In part, the formula requires the Department of Public Instruction to consider the amount of federal impact aid received by a school district. For the reasons outlined below, it is my opinion that the portion of the formula that is in conflict with federal law is invalid and should not be taken into consideration when c

LETTER OPINION 2004-L-62 October 5, 2004 The Honorable Francis J. Wald State Representative PO Box 926 Dickinson, ND 58602-0926 Dear Representative Wald: Thank you for your letter asking several questions about the authority of a home rule city to provide for the appointment of a municipal judge and clerk of court. Based upon the following, it is my opinion that a home rule city may provide for the appointment of a municipal judge and set the term of office through city ordinance. Similarly, it may appoint a clerk of court without the consent of the municipal judge. Further, it is my op

LETTER OPINION 2004-L-61 October 5, 2004 Major General Michael Haugen Adjutant General North Dakota National Guard PO Box 5511 Bismarck, ND 58506-5511 Dear Major General Haugen: Thank you for your letter questioning whether section 16 of Article XI of the North Dakota Constitution unconstitutionally prohibits women and nonresidents from being members of the National Guard. It is my opinion that article XI, § 16 defines which individuals may be required to serve in the military, but does not prohibit women, men over 45 or under 18, or nonresidents from serving in the National Guard. ANALYSIS

LETTER OPINION 2004-L-60 October 4, 2004 Mr. Garylle B. Stewart Fargo City Attorney PO Box 1897 Fargo, ND 58107-1897 Dear Mr. Stewart: Thank you for your letter regarding three competing smoking-related initiated measures on the upcoming election ballot in the city of Fargo. You point out that the initiated ordinances have inconsistent exemptions to the proposed smoking ban and ask which ordinance would prevail if two or more of them receive a majority of yes votes. 1 For the reasons indicated below, it is my opinion that if conflicting municipal initiated measures are approved by the electo

LETTER OPINION 2004-L-59 September 23, 2004 The Honorable Mary Ekstrom State Representative 1450 River Road South Fargo, ND 58103-4325 Dear Representative Ekstrom: Thank you for your letter regarding the upcoming constitutional initiative to define the status of marriage in the state constitution. You ask whether the measure would prohibit a company in North Dakota from extending benefits to same sex couples or to cohabitating heterosexual couples. For the reasons indicated below, it is premature to issue an opinion at this point attempting to construe language in th

LETTER OPINION 2004-L-58 September 14, 2004 Mr. Kent Vesterso Towner County Water Resource District Towner County Courthouse Cando, ND 58324 Dear Mr. Vesterso: Thank you for your letter regarding the North Dakota Department of Transportation’s (“Department”) acquisition of mitigation acreage in your county. You asked why the Towner County Water Resource District is not notified of proposed acquisitions and whether the Governor and local county commissioners must approve all wildlife or perpetual easements on wetlands. It is my opinion that the Department is not required by law to notify o

LETTER OPINION 2004-L-57 September 8, 2004 Mr. Galen J. Mack Pierce County State’s Attorney PO Box 196 Rugby, ND 58368-0196 Dear Mr. Mack: Thank you for your letter asking whether an entity created under a joint powers agreement between Pierce County and the home rule city of Rugby may borrow funds from the United States Department of Agriculture (USDA) and acquire USDA guaranteed loans from local banks to finance a portion of the construction costs and initial operating costs of a proposed correctional center. You also ask whether such financing and construction arrangements would requ

OPEN RECORDS AND MEETINGS OPINION 2004-O-20 DATE ISSUED: September 7, 2004 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. § 44-04-18(7) by failing to provide access to draft ordinances within a reasonable time; violated N.D.C.C. § 44-04-18(7) by charging a fee in excess of the actual cost of copying public records; violated N.D.C.C. § 44-04-20(6) by considering a matter at a special meeting that that

LETTER OPINION 2004-L-56 August 31, 2004 Mr. Dave Koland Manager Garrison Diversion Conservancy District PO Box 140 Carrington, ND 58421-0140 Dear Mr. Koland: Thank you for your letter regarding the Garrison Diversion Conservancy District (“District”). You ask whether the District is an instrumentality of the state of North Dakota under Cooperative Agreement No. 6-FC-60-00210 with the United States Bureau of Reclamation. 1 I understand that the purpose of your request is to clarify the District’s status pursuant to a question from the Bureau of Reclamation. For the reasons stated below, it

LETTER OPINION 2004-L-55 August 23, 2004 The Honorable Bob Martinson State Representative 2749 Pacific Avenue Bismarck, ND 58501-2513 Dear Representative Martinson: Thank you for your letter requesting my opinion on whether a school district may expend public funds to advocate the school board’s position on a pending ballot measure. Consistent with recent opinions issued by this office, it is my opinion that while a school district may provide the public with neutral factual information, it may not, without express legislative authority, expend public funds to advocate the school board’s posi

OPEN RECORDS AND MEETINGS OPINION 2004-O-19 DATE ISSUED: August 10, 2004 ISSUED TO: Cavalier 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 Cyril J. Kalinowski asking whether the Cavalier City Council violated N.D.C.C. § 44-04-20 by not providing proper notice of a planned executive session and N.D.C.C. § 44-04-19 by holding an illegal executive session on May 10, 2004, at 8:00 a.m. FACTS PRESENTED On April 13, 2004, Cyril Kalinowski (Kalinowski) was terminated from the Cavalier Police Department. Pursuant to City

LETTER OPINION 2004-L-54 August 10, 2004 Mr. Garylle Stewart Fargo City Attorney PO Box 1897 Fargo, ND 58107-1897 Dear Mr. Stewart: Thank you for your letter asking whether potential regulations of the State Labor Commissioner regarding environmental tobacco smoke would preempt a home rule city’s ordinances regarding environmental tobacco smoke. The Labor Commissioner has not adopted administrative rules relating to your question but instead, has sought guidance from the Legislature. It is my opinion that generally a local ordinance addressing clean indoor air or s

LETTER OPINION 2004-L-53 August 4, 2004 Mr. Donald R. Becker Emmons County State’s Attorney PO Box 658 Linton, ND 58552-0658 Dear Mr. Becker: Thank you for your letter asking whether there is a conflict between statutes addressing expenses charged by the sheriff in a foreclosure under N.D.C.C. §§ 57-28-04 and 11-15-07. It is my opinion that the expenses charged under N.D.C.C. § 57-28-04(5) apply to tax lien and special assessments foreclosures under N.D.C.C. ch. 57-28, and the expenses and fees charged under N.D.C.C. § 11-15-07 apply to other foreclosures generally. ANAL

LETTER OPINION 2004-L-52 August 3, 2004 Ms. Kathleen Trosen Harvey City Attorney 120 9th St W Harvey, ND 58341-1505 Dear Ms. Trosen: Thank you for your letter asking several questions concerning security at dances under N.D.C.C. § 53-02-08. It is my opinion that N.D.C.C. § 53-02-08 provides authority for the sheriff or a city police chief to require security at certain public events, including dances, but not at private events. ANALYSIS State law provides for the limited regulation of public dances, music festivals, and public concerts. N.D.C.C. ch. 53-02. Principally, a city police chi

LETTER OPINION 2004-L-51 July 29, 2004 Mr. Kenneth L. Dalsted Jamestown City Attorney PO Box 1727 Jamestown, ND 58402-1727 Dear Mr. Dalsted: Thank you for your letter raising several questions about the authority of a district health unit under N.D.C.C. § 23-35-10 to purchase a building via a contract for deed and remodel it to house its authorized operations. For the reasons stated below, it is my opinion that a district board of health may finance the purchase and remodeling of a building to house its authorized operations through a contract for deed arrangement pursuant to N.D.C.C. § 23-35

LETTER OPINION 2004-L-50 July 23, 2004 The Honorable Jerry Klein State Senator PO Box 265 Fessenden, ND 58438-0265 Dear Senator Klein: Thank you for your letter raising several questions about the authority and control over certain park land, and improvements on it, formerly leased by the city of Harvey to the Harvey Park District. For the reasons indicated below, it is my opinion that when the park land lease from the city of Harvey to the Harvey Park District expired, the authority and control over the park land and improvements on it reverted to the city. The city may, at its option, per

LETTER OPINION 2004-L-49 July 23, 2004 Ms. Nicole E. Foster Williams County State’s Attorney PO Box 2047 Williston, ND 58802-2047 Dear Ms. Foster: Thank you for your letter asking whether there is a conflict of interest when the same individual simultaneously holds the positions of Williams County auditor and the secretary and treasurer of the Williams County Water Board. Whether a conflict actually exists involves making factual determinations regarding the extent to which two positions or offices are incompatible. Since this office cannot issue an opinion resolving factual issues, I must

OPEN RECORDS AND MEETINGS OPINION 2004-O-18 DATE ISSUED: July 16, 2004 ISSUED TO: Mount Pleasant Public School District No. 4 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Davy Zinke asking whether the Mount Pleasant School District No. 4 violated N.D.C.C. § 44-04-20 by discussing and voting on an item not included in the agenda of the school district’s Board of Education (Board) meeting held on April 20, 2004, and violated N.D.C.C. § 44-04-19 because a quorum of members of the school district’s governing b

OPEN RECORDS AND MEETINGS OPINION 2004-O-17 DATE ISSUED: July 16, 2004 ISSUED TO: Pembina County Fair Board CITIZEN’S REQUEST FOR OPINION This office received a timely request for an opinion under N.D.C.C. § 44-04-21.1 from Charles Thacker asking whether the Pembina County Fair Board violated N.D.C.C. § 44-04-21 by failing to take recorded roll call votes on nonprocedural matters. FACTS PRESENTED The Pembina County Fair Board (Board) held meetings on April 14 and April 28, 2004. According to the Board’s president, the Board rarely takes roll call votes. Generally, it i

LETTER OPINION 2004-L-48 July 16, 2004 Mr. Tom Henning Stark County State’s Attorney PO Box 130 Dickinson, ND 58602-0130 Dear Mr. Henning: Thank you for your letter asking how county planning commission members are compensated. It is my opinion that county planning commission members are entitled to compensation pursuant to N.D.C.C. § 11-33-05 for the actual expenses they incur by serving on the commission but are not entitled to a salary or per diem under N.D.C.C. § 11-10-10(4). ANALYSIS Section 11-33-05, N.D.C.C., states in part: “Members of the [county planning] com

OPEN RECORDS AND MEETINGS OPINION 2004-O-15 DATE ISSUED: July 9, 2004 ISSUED TO: Fargo School District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Steven A. Johnson on behalf of Forum Communications Company and from Representative Kim Koppelman asking whether the Fargo School District violated N.D.C.C. §§ 44-04-20 and 44-04-21 by holding a meeting of a committee of the Fargo School District without proper notice and by not taking minutes of the meeting. FACTS PRESENTED The Fargo School District’s superintendent organized

LETTER OPINION 2004-L-47 July 9, 2004 Mr. Gene Kouba Interim Commissioner Department of Veterans’ Affairs PO Box 9003 Fargo, ND 58106-9003 Dear Commissioner Kouba: The Department recently asked whether interest earnings from the veterans’ postwar trust fund may be provided to a private veterans’ organization to purchase a van to transport veterans. For the reasons stated below, it is my opinion that interest earnings on the veterans’ postwar trust fund may be provided to a private veterans’ organization for purchasing a van for transporting veterans if the Administrative Committee on Vetera

OPEN RECORDS AND MEETINGS OPINION 2004-O-14 DATE ISSUED: July 1, 2004 ISSUED TO: Fargo-Moorhead Chamber of Commerce CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Al Aamodt, News Director of WDAY television asking whether The Fargo-Moorhead Chamber of Commerce violated N.D.C.C. § 44-04-18 by refusing to allow the media into a meeting. FACTS PRESENTED On Thursday, March 25, 2004, the Fargo-Moorhead Chamber of Commerce (Chamber) held a meeting of its Board of Directors. A reporter from WDAY Television asked to

LETTER OPINION 2004-L-46 July 1, 2004 Dr. Wayne G. Sanstead Department of Public Instruction 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter asking whether Trollwood Performing Arts School (“Trollwood”) must be under the “effective management” of the Fargo Public School District (“District”) in order to receive state foundation aid. In addition, you asked about the legality of fees charged by Trollwood. For the reasons discussed below, it is my opinion that if a summer school program has been approved by the Department of Public Instruction (“DPI”),

OPEN RECORDS AND MEETINGS OPINION 2004-O-13 DATE ISSUED: June 28, 2004 ISSUED TO: Richland Public School District No. 44 CITIZEN’S REQUEST FOR OPINION This office received a timely request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Michael Geiermann asking whether Richland Public School District No. 44 violated N.D.C.C. § 44-04-20 by failing to provide public notice of the executive session held on March 15, 2004; violated N.D.C.C. § 44-04-19.2(2)(b) by failing to announce during the open part of the meeting the topics to be discussed or considered at the executive session and

LETTER OPINION 2004-L-45 June 28, 2004 The Honorable Aaron Krauter State Senator HC 1, Box 27 Regent, ND 58650-9721 Dear Senator Krauter: Thank you for your letter asking whether a regional children’s services coordinating committee may give unobligated funds to a donor-advised fund of a charitable organization. In my opinion, a regional children’s services coordinating committee may give funds to a donor-advised fund of a charitable organization, if such funds will be used for children’s services programs in accord with the purposes of N.D.C.C. ch. 54-56. ANALYSIS Eight

LETTER OPINION 2004-L-44 June 28, 2004 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 relating to county bidding requirements under N.D.C.C. §§ 11-11-26 through 11-11-28, as well as the procurement process under N.D.C.C. § 54-44.4-02. You indicate the county is interested in purchasing two-way radios for the sheriff’s department through a contract obtained by the Office of Management and Budget. It is my opinion that N.D.C.C. §§ 11-11-26 through 11-11-28 do not require Burleigh County

LETTER OPINION 2004-L-43 June 17, 2004 Honorable Tony Clark Honorable Susan E. Wefald Honorable Kevin Cramer Public Service Commission 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioners Clark, Wefald, and Cramer: Thank you for your letter asking whether the Information Technology Department (ITD) is required to use the administrative rulemaking procedures contained in N.D.C.C. ch. 28-32 in establishing policies, standards, and guidelines for executive branch agencies with respect to procuring information technology hardware, software, and services under N.D.C.C. ch.