North Dakota Attorney General Opinions

LETTER OPINION 2004-L-40 June 1, 2004 Ms. Rhonda R. Ehlis Gladstone City Attorney PO Box 570 Dickinson, ND 58602-0570 Dear Ms. Ehlis: Thank you for your letter asking whether a protest against an improvement project which fails to describe the property subject to the protest is legally sufficient. It is my opinion that a protest which fails to describe the property subject to the protest is legally insufficient and, therefore, invalid. ANALYSIS If a property owner wishes to protest the creation of an improvement project, the property owner must comply with N.D.C.C. § 40-22-17. Section 40-22-1

LETTER OPINION 2004-L-39 May 27, 2004 Honorable Michael Polovitz State Senator 2529 9th Avenue North Grand Forks, ND 58203-2278 Dear Senator Polovitz: Thank you for your letter asking several questions about the applicability of federal law 1 regarding disclaimers 2 on political ads you may run in your campaign for reelection to the state Senate. While this office cannot give private legal advice, your questions do address issues that have a general statewide impact. Consequently, while I cannot give advice on your specific advertisement, in the interest of clarifying the law for state and

LETTER OPINION 2004-L-38 May 26, 2004 Mr. William E. Kretschmar Ashley City Attorney PO Box 97 Ashley, ND 58413-0097 Dear Mr. Kretschmar: Thank you for your letter asking several questions about the authority of the Ashley City Council to reduce special assessments and about any appeal procedures for persons aggrieved by the failure of the city council to make reductions. I t is my opinion that a home rule city that has not enacted ordinances permitting the city council to reduce special assessments based on ability to pay or value of the property assessed is subject to state law, whi

LETTER OPINION 2004-L-37 May 26, 2004 Ms. Karla Mittleider Administrative Assistant Children’s Services Coordinating Committee 600 E Boulevard Ave Dept 324 Bismarck, ND 58505-0661 Dear Ms. Mittleider: The Children's Services Coordinating Committee (CSCC) has designated regional and tribal children's services coordinating committees (R/TCSCCs) under N.D.C.C. ch. 54-56 to distribute grants received from the CSCC. See N.D.C.C. § 54-56-04. Funding will no longer be available to the R/TCSCCs through the CSCC after June 30, 2004. Because some of the regional committees are plann

LETTER OPINION 2004-L-36 May 26, 2004 The Honorable Francis J. Wald State Representative PO Box 926 Dickinson, ND 58602-0926 Dear Representative Wald: Thank you for your letter asking whether the Southwest District Health Unit properly used public funds to purchase advertising relating to secondhand tobacco smoke while an initiated measure to restrict smoking in public places in Dickinson will be voted on at the June 8, 2004, election. For the reasons discussed below, it is my opinion that the expenditure of public funds by the Southwest District Health Unit concerning the health effects of

LETTER OPINION 2004-L-35 May 25, 2004 Mr. Garylle B. Stewart Fargo City Attorney PO Box 1897 Fargo, ND 58107-1897 Dear Mr. Stewart: Thank you for requesting my opinion on whether a tax imposed by a city pursuant to N.D.C.C. ch. 40-57.3 constitutes a “sales tax.” As you and one of my assistants discussed, that issue was addressed in N.D.A.G. 96-L-142. That opinion concluded that taxes collected under N.D.C.C. ch. 40-57.3 are sales taxes. N.D.A.G. 96-L-142. There have been no statutory changes since then that would affect that outcome. Accordingly, it is my opini

LETTER OPINION 2004-L-34 May 21, 2004 Mr. Scott T. Solem Beulah City Attorney 133 W Main St PO Box 249 Beulah, ND 58523-0249 Dear Mr. Solem: Thank you for your letter asking whether the City of Beulah may enforce its abandoned motor vehicle ordinance outside the city’s municipal limits pursuant to N.D.C.C. § 40-06-01(2). It is my opinion that Beulah may enforce its abandoned motor vehicle ordinance to the distance of one-half mile beyond the city limits under N.D.C.C. § 40-06-01(2). You also asked whether Mercer County may enforce its zoning ord

OPEN RECORDS AND MEETINGS OPINION 2004-O-11 DATE ISSUED: May 17, 2004 ISSUED TO: Halliday Public School District No. 19 CITIZEN’S REQUEST FOR OPINION This office received a timely request for an opinion under N.D.C.C. § 44-04-21.1 alleging that the president of the Halliday Public School Board (Board) violated the open records law by denying a Board member a copy of a requested record. FACTS PRESENTED A preliminary agenda for a regular Board meeting to be held on March 11, 2004, was handed out after a special meeting of the Board on March 2, 2004. An agenda item re

LETTER OPINION 2004-L-33 May 11, 2004 Mr. Michael Connor Manager Devils Lake Basin Joint Water Resource Board 524 4th Avenue #27 Devils Lake, ND 58301 Dear Mr. Connor: Thank you for your letter asking questions related to Devils Lake. 1 For the reasons discussed below, it is my opinion that as Devils Lake rises or recedes, the adjacent landowner will take title down to the ordinary high water mark, the State will take title to lands up to the ordinary low water mark, and the adjacent landowner and the State will have correlative rights to the area in between the two marks known as the shor

OPEN RECORDS AND MEETINGS OPINION 2004-O-10 DATE ISSUED: May 3, 2004 ISSUED TO: Stutsman County Correctional Center 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 the governing authority of the Stutsman County Correctional Center 1) violated N.D.C.C. § 44-04-20 by failing to provide public notice of a meeting held on January 30, 2004; 2) violated N.D.C.C. § 44-04-19.2(2)(d) by failing to announce during an open meeting the topics to be discussed or considered at an executive ses

LETTER OPINION 2004-L-32 May 3, 2004 Mr. Gary D. Neuharth Dickey County State’s Attorney PO Box 346 Oakes, ND 58474-0346 Dear Mr. Neuharth: Thank you for your letter asking about the ad valorem tax exemption for a farm residence under N.D.C.C. § 57-02-08(15). Specifically, you state that many Dickey County farmers have incorporated their farming operations and you ask whether this corporate status disqualifies their respective residences from enjoying the ad valorem exemption for a farm residence. For the reasons stated below, it is my opinion that incorporating a farm operation by itself

LETTER OPINION 2004-L-31 April 27, 2004 Honorable Wayne G. Sanstead Executive Secretary for the State Board of Public School Education Superintendent of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your January 29, 2004, letter asking two questions related to the payment of tuition for students who attend school in a school district other than the one in which they reside immediately following a school district dissolution or reorganization. For the reasons discussed below, it is my opinion that the school district of attenda

LETTER OPINION 2004-L-30 April 26, 2004 The Honorable Todd Porter House of Representatives 704 Sixth Ave. NE Mandan, ND 58554-3422 Dear Representative Porter: Thank you for your request for my opinion on whether an “emergency services communication system” under N.D.C.C. ch. 57-40.6 would include “landline data networks, wireless data networks, records management systems, and/or other peripheral technologies that do not directly involve the basic mission of response to 911 emergencies.” While I cannot make the factual determinati

LETTER OPINION 2004-L-29 April 20, 2004 Ms. Pam Sharp Director Office of Management and Budget 600 E Boulevard Ave Dept 110 Bismarck, ND 58505-0400 Dear Ms. Sharp: Thank you for your request for my review of your office’s conclusions regarding the transferability of monies from certain agencies’ special funds to the Information Technology Department (ITD) pursuant to chapter 665 of the 2003 North Dakota Session Laws (Chapter 665). As you know, I asked a member of my staff to meet with budget analysts from your agency to review each of the funds in question. As a result

LETTER OPINION 2004-L-28 April 19, 2004 Mr. Arne Boyum City of Rolla PO Box 908 Rolla, ND 58367 Dear Mr. Boyum: Thank you for asking whether a proposed amendment to the Rolla City Home Rule Charter (Charter) requiring a 60 percent majority vote to increase taxes, if passed by the electorate, will be valid and binding on the city council. It is my opinion that the proposed amendment to the Charter requiring a 60 percent majority vote to increase taxes, if passed in conformity with state law, will be legally valid and binding on the city governing body and its citizens. You advise that a petiti

LETTER OPINION 2004-L-27 April 14, 2004 The Honorable Tim Mathern State Senate 429 16th Ave S Fargo, ND 58103-4329 Dear Senator Mathern: Thank you for your letter asking whether N.D.C.C. § 34-06-05 applies to smoking in workplaces. It is my opinion that the Labor Commissioner has statutory authority to investigate and determine whether smoking in the workplace may be detrimental to employees’ health under N.D.C.C. § 34-06-05(2), and take appropriate administrative action to address the issue, if determined necessary. ANALYSIS Section 34-06-05, N.D.C.C., states: It is unlawful to employ in

OPEN RECORDS AND MEETINGS OPINION 2004-O-09 DATE ISSUED: April 12, 2004 ISSUED TO: Halliday Public School District No. 19 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. Ron Borth asking whether the Halliday Public School District (School District) violated N.D.C.C. § 44-04-20 by failing to sufficiently notice a special school board meeting. FACTS PRESENTED On January 24, 2004, Mr. Borth requested that all regular and special Halliday School District Board of Education meeting notices and agendas be mailed to him prio

OPEN RECORDS AND MEETINGS OPINION 2004-O-08 DATE ISSUED: April 6, 2004 ISSUED TO: McIntosh County Commission CITIZEN’S REQUEST FOR OPINION On March 8, 2004, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tony Bender, Editor and Publisher of The Ashley Tribune asking whether the McIntosh County Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding an illegal meeting without notice prior to the McIntosh County Commission meeting on Tuesday, February 10, 2004. FACTS PRESENTED On February 10, 2004, all three memb

OPEN RECORDS AND MEETINGS OPINION 2004-O-07 DATE ISSUED: April 6, 2004 ISSUED TO: Halliday Public School District No. 19 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Ron Borth asking whether Halliday Public School District No. 19 violated N.D.C.C. § 44-04-18 by failing to provide requested records within reasonable periods of time and by charging more than a "reasonable fee" for copies of records provided to Mr. Borth. FACTS PRESENTED On January 22, 2004, Mr. Borth requested information

LETTER OPINION 2004-L-25 April 1, 2004 Honorable Ray Holmberg State Senator 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for your letter regarding textbook lists at the Barnes & Noble Bookstore at the University of North Dakota. Specifically, you asked (1) whether a compilation or booklist created and maintained by the Barnes & Noble Bookstore for the purpose of purchasing an inventory of required textbooks and materials used in University courses is a "record" of a public entity subject to disclosure under the open records laws and (2) whether a list o

LETTER OPINION 2004-L-24 March 31, 2004 Ms. Carol Olson Executive Director North Dakota Department of Human Services 600 E Boulevard Ave Dept 325 Bismarck, ND 58505-0250 Dear Ms. Olson: Thank you for your letter asking whether a court order is necessary before the official child support payment records maintained by the Department of Human Services (Department) under N.D.C.C. § 50-09-02.1 may be revised to reflect the payment of children’s benefits to or on behalf of a child for whom an obligor owes a duty of support for periods of time on or after January 1, 1995. For the

OPEN RECORDS AND MEETINGS OPINION 2004-O-06 DATE ISSUED: March 19, 2004 ISSUED TO: Job Service 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 Mr. Brad Peterson with Legal Services of North Dakota, asking whether Job Service North Dakota violated N.D.C.C. § 44-04-18 by failing to provide Legal Services of North Dakota with copies of certain records. FACTS PRESENTED On January 6, 2004, Legal Services of North Dakota, on behalf of a client, submitted a request for the client’s records to Job Service North Dakota (“Job

LETTER OPINION 2004-L-23 March 19, 2004 Mr. Patrick Donovan Hazen City Attorney PO Box 488 Hazen, ND 58545-0488 Dear Mr. Donovan: Thank you for asking my opinion regarding the authorized uses for the city lodging and restaurant tax under N.D.C.C. ch. 40-57.3. Section 40-57.3-01.1, N.D.C.C., allows a city to impose a one percent tax on the gross receipts of lodging facilities and restaurants within the city to be deposited in a “city visitors' promotion capital construction fund” (hereafter “Construction Fund”). This fund “must be used generally for tourism or the purchase, equipping, improv

LETTER OPINION 2004-L-22 March 12, 2004 Mr. John Mahoney Oliver County State’s Attorney PO Box 355 Center, ND 58530-0355 Dear Mr. Mahoney: Thank you for your letter asking whether the term “child” as used in N.D.C.C. § 15-10-18.2(1) includes “stepchild.” This section states: “Dependent” for purposes of section 15-10-18.3 means any child, spouse, widow, or widower of a resident veteran, as “veteran” is defined in section 37-01-40, who was killed in action or died from wounds or other service-connected causes, was totally disabled as a

LETTER OPINION 2004-L-21 March 11, 2004 Mr. John P. Van Grinsven III Ward County State’s Attorney PO Box 5005 Minot, ND 58702-5005 Dear Mr. Van Grinsven: Thank you for your letter asking whether the Ward County Commission may contribute $5,000 for a feasibility study by a private consulting firm regarding an intermodal transportation facility which may be located in Ward County. You indicate that the county would require that the study address and identify the county road system’s potential role in the facility’s development. You point out that Ward County is a hom

LETTER OPINION 2004-L-20 March 8, 2004 Mr. Richard Riha Burleigh County State’s Attorney 514 E Thayer Ave Bismarck, ND 58501-4413 Dear Mr. Riha: Thank you for your letter asking whether detention center personnel are required to have some specialized training and be licensed or certified before they may administer medication to inmates. “This office has consistently found that the prescription and administration of medication is so inimically connected to the health of the public that it is for the Legislature to determine which persons are authorized to prescribe or adminis

LETTER OPINION 2004-L-19 March 5, 2004 Mr. Donald R. Becker Linton City Attorney PO Box 658 Linton, ND 58552-0658 Dear Mr. Becker: Thank you for your letter asking whether the city council violated N.D.C.C. § 40-08-15 when it raised the mayor’s salary after the mayor’s term of office had begun. You also asked whether the city ordinance raising the mayor’s salary could take effect on the date of the council's resolution, rather than on the date it was published in the newspaper. You stated that the Mayor of Linton was elected to a four -year term in June of 2002.

LETTER OPINION 2004-L-18 March 2, 2004 Ms. Mary K. O’Donnell Rolette County State’s Attorney PO Box 1079 Rolla, ND 58367-1079 Dear Ms. O’Donnell: Thank you for your letter asking whether the Rolette County Board of Commissioners may assess a $1.00 monthly fee to implement a 911 telephone system in Rolette County, including those lines located within the jurisdiction of the Turtle Mountain Tribe. You also ask what liability issues may arise if a cooperative agreement between the county and tribe is required to implement the 911 system within tribal jurisdiction, and the tribe elects not to par

LETTER OPINION 2004-L-17 March 2, 2004 Honorable Stan Lyson State Senator 1608 4th Ave W Williston, ND 58801 Dear Senator Lyson: Thank you for your letter asking whether a political subdivision may take mineral rights when it condemns land under eminent domain if the mineral rights are not necessary for the domain. You included information from a case in Grand Forks County involving condemnation of some lands where apparently there was a request by the landowner to reserve gravel, sand, and clay. A preliminary issue concerns what is meant by the term “mineral” when used in a land transactio

OPEN RECORDS AND MEETINGS OPINION 2004-O-05 DATE ISSUED: February 17, 2004 ISSUED TO: Grand Forks County Planning and Zoning Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Gary Johnson asking whether the Grand Forks County Planning and Zoning Commission violated N.D.C.C. § 44-04-18 by failing to provide requested records within a reasonable period of time. FACTS PRESENTED On December 4, 2003, Mr. Gary Johnson requested copies of nine documents from the Grand Forks County Planning and Zoning Commission (Planning and

LETTER OPINION 2004-L-16 February 12, 2004 Mr. James D. Hovey Larimore City Attorney PO Box 5758 Grand Forks, ND 58206-5758 Dear Mr. Hovey: Thank you for your letter requesting my opinion on the eligibility of a city council member to continue in office. You indicate that one of the six city council members recently sold his home within the city limits and has moved to a location outside the city. You further indicate that the council member wishes to serve the remainder of his term and that he owns rental property within the city and considers the city to be his “residency for voting pur

LETTER OPINION 2004-L-15 February 12, 2004 Mr. Michel W. Stefonowicz Crosby City Attorney PO Box 67 Crosby, ND 58730-0067 Dear Mr. Stefonowicz: Thank you for your letter asking who has the authority to decide whether an ad valorem tax exemption granted to a new industry under N.D.C.C. ch. 40-57.1 remains in effect. You stated the city of Crosby granted a five-year property tax exemption for a qualifying project under N.D.C.C. § 40-57.1-03. It is my understanding that the county director of tax equalization (county director) asserted the property no longer qualifies for the exemption after m

LETTER OPINION 2004-L-14 February 11, 2004 The Honorable Larry Bellew House of Representatives 1309 25th Place NW Minot, ND 58703 Dear Representative Bellew: Thank you for asking whether a park district under N.D.C.C. ch. 40-49 may fund a local nonprofit council on the arts to run programs for the park district in city parks open to the public. I am advised that each Thursday and Sunday during the summer months a musical group is hired by a Minot arts council to present concerts in a city park. The Minot Park District funds these concerts through the arts council. All arrangements for t

LETTER OPINION 2004-L-13 February 11, 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 concerning military leave. You ask whether a qualifying service member who is called to active duty for a period extending from one calendar year into the next, or for a period of more than one calendar year, is entitled to receive paid military leave for each year. In your letter, you indicate that certain state agencies and political subdivisions have concluded that paid military lea

LETTER OPINION 2004-L-12 February 9, 2004 Mr. Michael Connor Devils Lake Basin Joint Water Resource Board 524 4th Ave Unit 27 Devils Lake, ND 58301-2400 Dear Mr. Connor: Thank you for your letter asking whether the State Engineer’s determination of what constitutes “maintenance” for which a drain permit is not required is reasonable. Generally, a permit is required to drain ponds, lakes, or other waters having a watershed of 80 acres or more. N.D.A.C. § 89-02-01-03, see also N.D.C.C. § 61-32-03. A permit is not required to maintain drains, N.D.A.C. § 89-02-01-05(1)

LETTER OPINION 2004-L-11 February 9, 2004 The Honorable Roger Johnson Agriculture Commissioner 600 East Boulevard Avenue, Dept. 602 Bismarck, ND 58505-0020 Dear Commissioner Johnson: Thank you for your letter asking about the receipt and expenditure of certain federal funds for Project Safe Send. You state that Project Safe Send has been collecting unusable pesticides since the Legislature authorized the project in 1991. The 2003 Legislature reduced the requested appropriation from $619,525, as included in the Governor’s budget, to $308,870 in the final version of Senate Bill 2009 which w

LETTER OPINION 2004-L-10 January 30, 2004 Mr. William J. Brudvik Mayville City Attorney PO Box 547 Mayville, ND 58257-0547 Dear Mr. Brudvik: Thank you for your January 8, 2004, letter asking whether it was appropriate for the mayor to cast the deciding vote on a matter in which he had an interest. I understand Mayville is a home rule city. State laws continue to apply to home rule cities unless the home rule city passes an ordinance to the contrary. N.D.C.C. § 40-05.1-06. I understand the city does not have an ordinance indicating the manner of voting in case of a conflict. Thus, the co

LETTER OPINION 2004-L-09 January 30, 2004 Ms. Carol Olson Executive Director Department of Human Services 600 E Boulevard Ave Dept 325 Bismarck, ND 58505-0250 Dear Ms. Olson: Thank you for your letter asking whether N.D.C.C. § 50-06-15 authorizes the Department of Human Services (DHS) to disclose an individual’s social security number in connection with the administration of the Department’s programs and services. Section 44-04-28, N.D.C.C., enacted in 2003, states in part: “Social security numbers in the possession of a public entity are confidential . .

LETTER OPINION 2004-L-08 January 30, 2004 Mr. Stuart A. Larson Traill County State’s Attorney PO Box 847 Hillsboro, ND 58045-0847 Dear Mr. Larson: Thank you for your letter asking whether members of the Traill County Economic Development Commission may vote by proxy. You indicated to a member of my staff that this Commission was created under N.D.C.C. ch. 11-11.1 as a Job Development Authority (“JDA”). The meeting process for a JDA is not addressed in N.D.C.C. ch 11-11.1 1 . No mention is made of the frequency of the meetings, whether a quorum is needed to conduct business, or how it may

OPEN RECORDS AND MEETINGS OPINION 2004-O-04 DATE ISSUED: January 22, 2004 ISSUED TO: Les O. Urvand, Administrator, St. Luke’s Hospital CITIZEN’S REQUEST FOR OPINION On October 30, 2003, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Maxine Smithberg and others asking whether St. Luke’s Hospital in Crosby violated N.D.C.C. § 44-04-19 by refusing to allow them to attend a meeting of its board of directors on October 23, 2003. FACTS PRESENTED The board of directors of the St. Luke’s Hospital (hereafter “Hospital”) held its regularly scheduled monthly meeting o

OPEN RECORDS AND MEETINGS OPINION 2004-O-03 DATE ISSUED: January 20, 2004 ISSUED TO: Jamestown 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 Reese Dunklin asking whether the Jamestown Police Department (Jamestown) violated N.D.C.C. § 44-04-18 by failing to release records regarding an investigation. FACTS PRESENTED On September 12, 2003, Reese Dunklin, a reporter with The Dallas Morning News, requested numerous records related to the criminal case against Father Abraham Anthony (a.k.a. Anthony

LETTER OPINION 2004-L-07 January 20, 2004 Ms. Lisa B. Gibbens Towner County State’s Attorney PO Box 708 Cando, ND 58324-0708 Dear Ms. Gibbens: Thank you for your letter raising several questions about N.D.C.C. §§ 11-15-29 and 11-15-30 regarding sheriffs’ uniforms. You first asked about the prescribed standard uniform for sheriffs and full-time deputies. Section 11-15-30, N.D.C.C., requires the Attorney General, with the advice of interested parties, to prescribe a standard uniform for sheriffs and full-time deputies. The last official pronouncement from this office on the standard unifo

LETTER OPINION 2004-L-06 January 20, 2004 Honorable Jim Poolman Commissioner of Insurance 600 E. Boulevard Ave., Dept. 401 Bismarck, ND 58505-0320 Dear Commissioner Poolman: Thank you for requesting my opinion on two issues related to the “miscellaneous charge” the Information Technology Department (ITD) has added to its agency billings. As you note in your letter, ITD has asserted it is assessing the charge in order to make up for a $1,000,000 budget shortfall. E-mail from Mike Ressler to “-Grp-ITD Coordinators-Lead; -Grp-OMB Fiscal Officer Contacts” (Oct. 10, 2003). 1 Your first quest

LETTER OPINION 2004-L-05 January 14, 2004 Ms. Robin R. Huseby Barnes County State's Attorney 230 4th St NW Valley City, ND 58072 Dear Ms. Huseby: Thank you for your letter asking whether board of health members and the health officer of the Valley City-Barnes County Health District (Health District) must be provided office space in the courthouse, or afforded rent for other office space. Section 11-10-20, N.D.C.C., requires the board of county commissioners to provide offices in the county courthouse for designated county officials and any other officer who has charge of public records. If

OPEN RECORDS AND MEETINGS OPINION 2004-O-02 DATE ISSUED: January 13, 2004 ISSUED TO: Renville County Commissioners CITIZEN’S REQUEST FOR OPINION This office received a timely request from Mary A. Marmon for an opinion under N.D.C.C. § 44-04-21.1 asking whether the Board of Renville County Commissioners (Board) violated N.D.C.C. § 44-04-20 by not noticing an October 20, 2003, meeting of the Board. FACTS PRESENTED According to the Renville County deputy auditor/treasurer, the county commissioners met at the Renville County Courthouse on October 20, 2003, to attend a mandat

LETTER OPINION 2004-L-04 January 13, 2004 Mr. Mark D. Bachmeier Commissioner of Labor 600 E Boulevard Ave Dept 406 Bismarck, ND 58505-0340 Dear Commissioner Bachmeier: Thank you for requesting my opinion regarding N.D.C.C. § 14-02.4-23(3). This subsection states: If the department determines that probable cause exists to believe that a discriminatory practice has occurred and is unable to resolve the complaint through informal negotiations or conciliation, the department shall provide for an administrative hearing in the manner provided in chapter 28-32 on

LETTER OPINION 2004-L-03 January 13, 2004 Ms. Nici Meyer Clarkson Bowman County State’s Attorney PO Box 180 Bowman, ND 58623-0180 Dear Ms. Clarkson: Thank you for your letter asking whether an assisted living unit project constructed by a nursing home could qualify as a public facility or public service under N.D.C.C. § 15.1-27-25(4). Section 15.1-27-25, N.D.C.C., provides for the county-level distribution of monies received by the state from the federal government as royalties for minerals produced in certain counties. Section 15.1-27-25(4), N.D.C.C., provides that