North Dakota Attorney General Opinions

OPEN RECORDS AND MEETINGS OPINION 2001-O-14 DATE ISSUED: October 4, 2001 ISSUED TO: Steven McCullough, Kindred City Attorney CITIZEN’S REQUEST FOR OPINION On August 29, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tim Hill asking whether the Kindred City Council violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting that was not open to the public or preceded by sufficient public notice. FACTS PRESENTED On August 1, 2001, a letter to the editor was published in the Cass County Reporter from the members of the Ki

OPEN RECORDS AND MEETINGS OPINION 2001-O-13 DATE ISSUED: September 27, 2001 ISSUED TO: Karl Hoppe, City Auditor, Grace City CITIZEN’S REQUEST FOR OPINION On September 17, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ronald Brakke asking whether the Grace City Council violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting which was not preceded by sufficient public notice and by conducting a meeting which could not be heard by the members of the public who attended the meeting. FACTS PRESENTED On August 20, 2001, this office issu

OPEN RECORDS AND MEETINGS OPINION 2001-O-12 DATE ISSUED: September 26, 2001 ISSUED TO: Randall Sickler, Attorney, Southwest Multi-County Correction Center CITIZEN’S REQUEST FOR OPINION On August 12, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Volesky on behalf of the Dickinson Press asking whether the Southwest Multi-County Correction Center violated N.D.C.C. § 44-04-18 by failing to respond to his requests for records within a reasonable time. On August 24, Mr. Volesky made a second opinion request

LETTER OPINION 2001-L-38 September 25, 2001 The Honorable Nancy Johnson House of Representatives 1308-A Empire Road Dickinson, ND 58601-3615 Re: Theodore Roosevelt Medora Foundation Dear Representative Johnson: Thank you for your letter requestin g an Attorney General’s opinion concerning the proposed purchase of agricultural land by the Theodore Roosevelt Medora Foundation (TRMF). Under N.D.C.C. chapter 54-01 the Attorney General can only give an opinion on a question of law, not fact. Accordingly, to the extent a question of fact is presented, I generally cannot express an opin

FORMAL OPINION 2001-F-08 DATE ISSUED: September 19, 2001 REQUESTED BY: Richard J. Riha, Burleigh County State’s Attorney QUESTION PRESENTED May a county officer or employee issue a refund of a tax or a fee in an amount that is less than $5? ATTORNEY GENERAL’S OPINION It is my opinion that a county officer or employee may not issue a refund of a tax or a fee in an amount that is less than $5. ANALYSIS The 2001 North Dakota Legislative Assembly enacted House Bill 1332, which was codified as N.D.C.C. § 11-10-29 and provides as follows: Notwithstanding any other provision of law, a person is

LETTER OPINION 2001-L-37 September 14, 2001 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 September 13, 2001, letter asking whether a board of county commissioners may hire a private attorney to represent the board without first obtaining the advice and consent of the county state’s attorney. “Counties are creatures of the North Dakota Constitution and may act only in the manner and on the matters prescribed by the Legislature in statutes enacted pursuant to constitutional authority. As a political subdivision o

LETTER OPINION 2001-L-36 September 14, 2001 Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter regarding the effect of income tax confidentiality provisions upon your attempt to conduct a performance audit on the Department of Human Service’s Service Payments for the Elderly and Disabled (SPED) and Expanded SPED programs. It is my understanding from your letter that the performance audit is being conducted in an attempt to verify the accuracy of financial information provided by program recipients when applyin

LETTER OPINION 2001-L-35 September 13, 2001 Mr. Bob Gruman North Dakota Development Fund 1833 East Bismarck Expressway Bismarck, ND 58504-6708 Dear Mr. Gruman: Thank you for your letter asking several questions about N.D.C.C. § 54-34.3-13, the rural growth incentive program. That section provides as follows: 1. The department shall manage and administer the rural growth incentive program. A city with a population of less than two thousand five hundred may apply to the department to be designated as a rural growth incentive city. The department shall designate an applicant

OPEN RECORDS AND MEETINGS OPINION 2001-O-11 DATE ISSUED: September 13, 2001 ISSUED TO: Greg Selbo, Attorney, Fargo-Cass County Economic Development Corporation CITIZEN’S REQUEST FOR OPINION On August 22, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Matt Von Pinnon on behalf of the Fargo Forum asking whether the Fargo-Cass County Economic Development Corporation violated N.D.C.C. §§ 44-04-18 and 44-04-19 by refusing Mr. Von Pinnon's request for information regarding an audit of the corporation and by refusing to allow him to attend a meeting

OPEN RECORDS AND MEETINGS OPINION 2001-O-10 DATE ISSUED: September 7, 2001 ISSUED TO: Robert Lamont, Attorney, Minot Area Development Corporation Nevin Van de Streek, Minot City Attorney CITIZEN’S REQUEST FOR OPINION On June 18, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jay Johnson on behalf of the Minot Daily News asking whether the Minot Area Development Corporation violated N.D.C.C. § 44-04-18 by refusing to provide a copy of its meeting agenda upon request and by refusing to deny the request

LETTER OPINION 2001-L-34 August 31, 2001 Mr. James O. Johnson Mercer County State’s Attorney PO Box 39 Stanton, ND 58571 Dear Mr. Johnson: Thank you for your letter concerning the operation of the Lake Sakakawea State Park marina. You advise that members of the public rent slips for their boats from Lake Sak, Inc., owned and operated by Kit Henegar (Henegar). Henegar operates the marina under a lease from the North Dakota Parks and Recreation Department (Parks and Recreation Dept.). The Parks and Recreation Dept. leases the marina property in question from the U.

OPEN RECORDS AND MEETINGS OPINION 2001-O-09 DATE ISSUED: August 31, 2001 ISSUED TO: Solen – Cannon Ball Public School Board President Gabe Plante and District Superintendent Wanda Belgarde CITIZEN’S REQUEST FOR OPINION On July 5, 2001, this office received a 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 Solen – Cannon Ball Public School District violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by holding an executive session which was not authorize

LETTER OPINION 2001-L-33 August 30, 2001 Mr. Ronald Weikum Grant County State’s Attorney PO Box 196 Carson, ND 58529-0196 RE: Appointment of State’s Attorney Dear Mr. Weikum: Thank you for your letter inquiring whether the Grant County Commissioners may appoint, as state’s attorney, an attorney licensed in the state of North Dakota, but who is not a resident of Grant County. You state that you intend to resign as state’s attorney but that you are the only licensed attorney residing in Grant County. You also state that Grant County does not have a home-rule charter nor has it combined with

LETTER OPINION 2001-L-32 August 20, 2001 Mr. Jerry Renner Kidder County State’s Attorney PO Box 229 Steele, ND 58482-0229 Dear Mr. Renner: Thank you for your letter requesting my opinion on N.D.C.C. § 11-28.2-01 dealing with recreation service district elections. That statute provides, in part, that “[i]f a majority of the qualified voters approve of the establishment of a recreation service district, such district shall then be organized.” Id. You ask whether approval by a “majority of the qualified voters” means approval by a majority of those persons voting in the election or approval

OPEN RECORDS AND MEETINGS OPINION 2001-O-08 DATE ISSUED : August 20, 2001 ISSUED TO : Karl Hoppe, City Auditor, Grace City CITIZEN’S REQUEST FOR OPINION On July 10, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ronald Brakke asking whether the Grace City Council violated N.D.C.C. § 44-04-20 by holding a meeting which was not preceded by sufficient public notice. FACTS PRESENTED The Grace City Council (Council) held a special meeting on June 27, 2001. The meeting began at 10:30 p.m. and lasted for twenty minutes

LETTER OPINION 2001-L-31 August 14, 2001 Ms. Linda Hickman Williams County State’s Attorney PO Box 2047 Williston, ND 58802-2047 Re: Taxation of Indian Land Dear Ms. Hickman: Thank you for your letter in which you ask about taxation of Indian-owned land. Counties can tax Indian-owned land if it is owned in fee. Cass County v. Leech Lake Chippewa Indians , 524 U.S. 103 (1998); County of Yakima v. Confederated Tribes & Bands of Yakima Nation, 502 U.S. 251, 258 (1992). But trust land, that is, land owned in trust by the federal government for the benefit of an Indian, cannot be taxed. Un

LETTER OPINION 2001-L-30 August 13, 2001 Honorable Bruce Eckre State Representative 1300 North 7th Street Wahpeton, ND 58075-3625 Dear Representative Eckre: Thank you for your letter asking whether school district-paid portions of a teacher’s statutory contribution to the Teachers’ Fund For Retirement (TFFR) (N.D.C.C. § 15-39.1-09) are part of “base salary” as contained in section 5 of 2001 H.B. 1344. Section 5 of 2001 H.B. 1344 provided: SECTION 5. If House Bill No. 1045 does not become effective, a new section to chapter 15-40.1 of the North Dakota Century Code is creat

LETTER OPINION 2001-L-29 August 10, 2001 Honorable Tony Grindberg State Senator 2832 39½ Avenue SW Fargo, ND 58104-7014 Dear Senator Grindberg: Thank you for your letter asking about student fees chargeable by North Dakota public school district boards. You attached documents dealing with certain types of fees. From a conversation with a school district official, a member of my staff also learned that two of these fees are being questioned. Those fees are: 1. Machine repair and maintenance for equipment such as computers. 2. Locker fees for the use and maintenance of a student locker. Nor

OPEN RECORDS AND MEETINGS OPINION 2001-O-07 DATE ISSUED: August 6, 2001 ISSUED TO: Steven McCullough, Kindred City Attorney CITIZEN’S REQUEST FOR OPINION On June 25, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tim Hill asking whether the City of Kindred violated N.D.C.C. § 44-04-20 by holding a meeting that was not preceded by sufficient public notice. FACTS PRESENTED The Kindred City Council (City) held a special meeting on June 19, 2001. The meeting lasted for roughly one hour and was limited

LETTER OPINION 2001-L-28 July 20, 2001 Mr. Fritz Fremgen Stutsman County State’s Attorney 511 2nd Ave SE Jamestown, ND 58401 RE: N.D.C.C. § 5-01-07 Dear Mr. Fremgen: I have received your June 22, 2001, letter in which you posed several questions concerning the application of N.D.C.C. § 5-01-07 to retail alcoholic beverage license renewals, the criteria to be followed by a township when exercising its authority under the section, and whether a county commission can overrule the township board’s decision made pursuant to N.D.C.C. § 5-01-07. Your first inquiry questions whether N.D.C.C. § 5-01

Overruled by Sauby v. City of Fargo, 747 NW2d 65 (N.D. 2008) FORMAL OPINION 2001-F-07 DATE ISSUED: July 20, 2001 REQUESTED BY: Nevin Van de Streek Minot City Attorney QUESTION PRESENTED Whether a home rule city may permit the use of motorized scooters on sidewalks, notwithstanding N.D.C.C. sections 39-10-52.1 and 12.1-01-05. ATTORNEY GENERAL’S OPINION It is my opinion that a home rule city may permit the use of motorized scooters on sidewalks, notwithstanding N.D.C.C. sections 39-10-52.1 and 12.1-1-05. ANALYSIS North Dakota Century Code (N.D.C.C.) § 39-10-52.1 states, “No person may dri

LETTER OPINION 2001-L-27 July 19, 2001 Mr. Duane Mullenberg Chairman Foster County Water Resource District PO Box 15 Carrington, ND 58421-0015 Dear Mr. Mullenberg: Thank you for your letter asking about a prescriptive right to maintain a dam. You stated that a dam was constructed at the outlet of Russell Lake in Foster County approximately 38 years ago. It recently washed out and the water resource district would like to reconstruct the dam. A permit was not obtained when the dam was originally constructed. One of the landowners whose land would be inundated by water held back by the

LETTER OPINION 2001-L-26 July 13, 2001 Mr. Terence P. Devine Nelson County State’s Attorney PO Box 428 Lakota, ND 58344-0428 Dear Mr. Devine: Thank you for your letter asking about a school district’s obligation to pay for the personal legal defense fees of one of its employees who was charged with a crime for conduct undertaken while on the job and acquitted by a jury’s decision. You also ask about paying for the employee’s co-employee/spouse’s lost wages caused by attending the trial. School boards have only the powers expressly or impliedly granted by statute. Fargo Educ. Ass’n v. Fargo

LETTER OPINION 2001-L-25 July 13, 2001 Honorable Bob Stenehjem State Senator 7475 41st Street SE Bismarck, ND 58504-3200 Honorable Wesley R. Belter State Representative 15287 47th Street SE Leonard, ND 58052-9763 Dear Senator Stenehjem and Representative Belter: Thank you for your letter requesting my opinion regarding the constitutionality of reducing a term of office of a member of the Legislative Assembly as part of an otherwise valid legislative redistricting plan. The Legislative Council has appointed a Legislative Redistricting Committee to develop a redistricting pla

LETTER OPINION 2001-L-24 July 6, 2001 The Honorable Roger Johnson Agriculture Commissioner Chairman, North Dakota Potato Council 600 East Boulevard Avenue, Dept. 602 Bismarck, ND 58505 Dear Commissioner Johnson: Thank you for your May 4, 2001, letter on behalf of the North Dakota Potato Council inquiring about N.D.C.C. ch. 4-10.1, the potato assessment. The assessment must be “levied and imposed upon all potatoes grown in the state or sold to a designated handler,” but there is an exception for potatoes “retained by growers to be used for seed purposes or for consumption by the grower.”

LETTER OPINION 2001-L-23 July 6, 2001 Mr. Stuart A. Larson Grandin City Attorney PO Box 847 Hillsboro, ND 58045-0847 Dear Mr. Larson: Thank you for your letter asking about the authority of a county to move the site of a voting place for a joint city/county election outside the city limits. In a telephone conversation with a member of my staff, you provided some additional information. A number of cities, including the city of Grandin, have entered into an agreement with Cass County to hold joint elections under the authority of N.D.C.C. § 40-21-02. You indicated that even though there are

LETTER OPINION 2001-L-22 July 3, 2001 Honorable Jeff Delzer State Representative 2919 5th St NW Underwood, ND 58576 Dear Representative Delzer: Thank you for your request for my opinion regarding whether the McLean County Commission may, on behalf of the county, take out a loan under N.D.C.C. ch. 57-62 from the Coal Development Trust Fund to finance the construction of a new county courthouse, without a vote under N.D.C.C. § 11-11-18. I understand the loan would be repaid from monies allocated from the trust fund to the county over a 20-year period. You indicate that

FORMAL OPINION 2001-F-06 DATE ISSUED: June 29, 2001 REQUESTED BY: Representative Todd Porter QUESTION PRESENTED Whether the previsions in 2001 House Bill No. 1282 (H.B. 1282) permitting a licensed ambulance under direct medical control to refuse transport of an individual to a hospital when transport is not medically necessary conflict with the federal Emergency Medical Treatment and Labor Act. ATTORNEY GENERAL’S OPINION It is my opinion that H.B. 1282 does not conflict with the federal Emergency Medical Treatment and Labor Act by permitting a licensed medical ambulance under direct medic

LETTER OPINION 2001-L-21 June 26, 2001 Mr. Duane Mullenberg Chairman Foster County Water Resource District PO Box 15 Carrington, ND 58421-0015 Dear Mr. Mullenberg: Thank you for your letter asking whether the water resource board can order the removal of an unauthorized dam constructed in a watercourse and, if so, whether the board would be liable for downstream property damages that may result. The dam retains more than twelve and one-half acre-feet of water. Since 1935 N.D.C.C. § 61-16.1-38 and its predecessors have required state approval to construct dams, dikes, or other water control

OPEN RECORDS AND MEETINGS OPINION 2001-O-06 DATE ISSUED: June 18, 2001 ISSUED TO: Norbert Sickler, Administrator, Southwest Multi-County Correction Center CITIZEN’S REQUEST FOR OPINION On May 31, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Volesky on behalf of The Dickinson Press asking whether the administrator of the Southwest Multi-County Correction Center violated N.D.C.C. § 44-04-18 by failing to provide a sufficient copy of an open record. FACTS PRESENTED On May 23, 2001, a reporter for The Dickin

LETTER OPINION 2001-L-20 June 12, 2001 Ms. Yvonne Smith Deputy Director Department of Human Services 600 East Boulevard Ave Department 325 Bismarck, ND 58505-0250 Dear Ms. Smith: Thank you for your letter asking for my opinion regarding a "Statement of Purpose of Amendment" for 2001 House Bill 1012 (HB 1012), the appropriations bill for the Department of Human Services for the 2001-2003 biennium. During the 2001 legislative session, the House Appropriations Committee, particularly its Human Resources Subcommittee, was asked to consider increasing the Department of Hu

LETTER OPINION 2001-L-19 June 7, 2001 The Honorable Keith Kempenich District 39, House of Representatives HCR 4 Box 10 Bowman, ND 58623-8810 Dear Representative Kempenich: Thank you for your letter asking for my opinion whether there is a conflict of interest between an individual's positions as both executive director for the State Board of Accountancy (Board) and executive director of the North Dakota Society of Certified Public Accountants (Society). You refer specifically to the individual's activities regarding a bill that was considered and defeated during the 2001 legislative sessio

LETTER OPINION 2001-L-18 June 7, 2001 Honorable Larry J. Robinson State Senator 3584 Sheyenne Circle Valley City, ND 58072-9545 Dear Senator Robinson: Thank you for your letter asking whether a school district educating only elementary grade students because of its cooperative agreement with another school district continues to be eligible to participate in an area vocational and technical center under N.D.C.C. ch. 15-20.2. You present circumstances where a former K-12 school district entered into a cooperative agreement with another school district whereby the districts divided the grades ea

OPEN RECORDS AND MEETINGS OPINION 2001-O-05 DATE ISSUED: June 7, 2001 ISSUED TO: D. Guy McDonald, Superintendent, Fort Yates Public School CITIZEN’S REQUEST FOR OPINION On May 11, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Stacey Bendish asking whether the Fort Yates Public School Board violated N.D.C.C. § 44-04-20 by holding a retreat that was not preceded by sufficient public notice. FACTS PRESENTED The Fort Yates Public School District Board (Board) held a retreat on April 27-28 at a hotel in Bismarck, North Dako

LETTER OPINION 2001-L-17 June 1, 2001 Mr. James O. Johnson Mercer County State’s Attorney PO Box 39 Stanton, ND 58571-0039 Dear Mr. Johnson: Thank you for your letter asking the following questions: 1. If a county enforces zoning regulations, should a comprehensive plan be part of the zoning regulations? 2. If a comprehensive plan is included in the zoning regulations, to what extent should it be followed by a county planning commission and county commission when making zoning decisions? 3. Can a county government be held liable for approving zoning applications whi

LETTER OPINION 2001-L-16 May 17, 2001 Jerry Blanchard, D.C. Executive Director State Board of Chiropractic Examiners PO Box 185 Grafton, ND 58237-0185 Dear Dr. Blanchard: Thank you for your letter asking whether a medical doctor and a chiropractor may create and own a professional organization under N.D.C.C. ch. 10-31. N.D.C.C. ch. 10-31 is the Professional Organizations Act (the “Act”). It permits certain professionals to render professional services through certain types of professional organizations. The term “professional service” is defined in the Act as “personal ser

FORMAL OPINION 2001-F-05 DATE ISSUED: May 16, 2001 REQUESTED BY: Ted Seibel, Wells County State’s Attorney QUESTIONS PRESENTED I. Whether a county may replace an existing bridge with a culvert or box culvert pursuant to N.D.C.C. § 24-08-03. II. Whether maintenance of such a culvert is the responsibility of the county, assuming the county has authority to replace the bridge with a culvert. ATTORNEY GENERAL’S OPINION I. It is my opinion that a county may replace a bridge with a culvert when acting pursuant to N.D.C.C. § 24-08-03. II. It is my further opinion that the county continues to be

OPEN RECORDS AND MEETINGS OPINION 2001-O-04 DATE ISSUED : May 16, 2001 ISSUED TO : Laurel J. Forsberg, City Attorney, Watford City CITIZEN’S REQUEST FOR OPINION On May 8, 2001, this office received two requests for an opinion under N.D.C.C. § 44-04-21.1 from Neal Shipman on behalf of the McKenzie County Farmer asking whether the City of Watford City violated N.D.C.C. §§ 44-04-18, 44-04-19, 44-04-20, and 44-04-21 by refusing to disclose records in the possession of its contractor, by failing to respond to an open records request within a reasonable time, by not holding open public

FORMAL OPINION 2001-F-04 DATE ISSUED: May 8, 2001 REQUESTED BY: John D. Olsrud, Director, North Dakota Legislative Council QUESTION PRESENTED Whether the Governor has authority to item veto section 7 of Senate Bill No. 2012. ATTORNEY GENERAL’S OPINION It is my opinion that the Governor has authority to item veto section 7 of Senate Bill No. 2012 because Article V, Section 9 of the North Dakota Constitution grants the Governor authority to item veto a section of an appropriation bill. ANALYSIS On April 28, 2001, Governor John Hoeven vetoed section 7 of Senate Bill No. 2012. The vetoed se

OPEN RECORDS AND MEETINGS OPINION 2001-O-03 DATE ISSUED : May 3, 2001 ISSUED TO : Paul Koehmstedt, Minto City Mayor CITIZEN’S REQUEST FOR OPINIONS In March, my office received two requests for an opinion under N.D.C.C. § 44-04-21.1 from Melvin Tibert questioning whether the Minto City Council violated various sections of the open meetings law. FACTS PRESENTED The Minto City Council met on February 5, 2001. At the meeting comments were made by the mayor suggesting to Mr. Tibert that the council had met secretly before the meeting to discuss public business. In response to this offi

LETTER OPINION 2001-L-15 May 1, 2001 Honorable Gary Nelson State Senator PO Box 945 Casselton, ND 58012-0945 Dear Senator Nelson: Toward the end of the legislative session you requested my office to conduct some preliminary research regarding vacancies in legislative positions. Late last week you asked for a formal opinion regarding this issue. You specifically asked for my opinion on the correct procedure to follow when filling the vacancy created by your resignation from the office of state senator in light of the recent changes to the applicable North Dakota constitutional and statutor

FORMAL OPINION 2001-F-03 DATE ISSUED: April 23, 2001 REQUESTED BY: Lee Armstrong, Williams County Assistant State’s Attorney QUESTIONS PRESENTED I. Whether the county government has authority to prohibit smoking in court chambers located in the county courthouse. II. If so, whether N.D.C.C. § 23-12-07 provides enforcement authority against individuals smoking outside of a designated smoking area in a place of public assembly in light of 1987 House Bill No. 1272. III. Whether the county is required to provide a designated smoking area in the courthouse. ATTORNEY GENERAL’S OPINIONS I. It

LETTER OPINION 2001-L-14 April 19, 2001 The Honorable Dwight Wrangham House of Representatives State Capitol Bismarck, ND 58505-0360 RE: Engrossed Senate Bill 2407 Dear Representative Wrangham: I am writing in response to your request about the constitutionality of Engrossed Senate Bill 2407 (SB 2407). Since the bill has not been filed with the Secretary of State, my comments are prefaced upon the presumption that it will be duly enacted. In general, the North Dakota Constitution guarantees the right to make a lawful contract and the United States Constitution prohibits infringement of in

LETTER OPINION 2001-L-13 April 6, 2001 Honorable Pam Gulleson Assistant Minority Leader House Chambers 600 East Boulevard Avenue Bismarck, ND 58505 Dear Representative Gulleson: Thank you for your letter inquiring about the potential impact of H.B. 1435, 2001 N.D. Leg., on the Commission on the Status of Women (Commission). You attached a copy of the first engrossment of H.B. 1435 with Senate amendments, but mentioned the engrossed version as it came from the House. The only distinguishing feature between those two versions is the addition by the Senate of a subdivision to subsection 2 of t

OPEN RECORDS AND MEETINGS OPINION 2001-O-02 DATE ISSUED: April 5, 2001 ISSUED TO: Gary Thune, Attorney, Bismarck Public School District Board CITIZEN’S REQUEST FOR OPINION On March 22, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jack McDonald on behalf of the Bismarck Tribune asking whether the Bismarck Public School District violated N.D.C.C. § 44-04-18 by refusing to disclose information regarding the applicants for the superintendent position until a report listing the finalists for the position is presented to the school district board by a

ETTER OPINION 2001-L-12 April 3, 2001 Honorable George Keiser Honorable Al Carlson State Representatives House Chambers 600 East Boulevard Avenue Bismarck, ND 58505-0360 Dear Representatives Keiser and Carlson: Thank you for your March 23, 2001, letter inquiring about the authority of home rule cities to acquire by condemnation and municipalize a public utility’s electric distribution system. You have asked two questions: (1) whether a home rule city can use a quick take eminent domain action to do this; and (2) if not, whether a normal eminent domain action requiring a court or jury determin

LETTER OPINION 2001-L-11 April 2, 2001 Mr. Kenneth L. Dalsted Jamestown City Attorney PO Box 1727 Jamestown, ND 58402-1727 Dear Mr. Dalsted: You ask whether a city is liable to a hospital for medical services rendered to an individual brought to the hospital by a city policeman after being placed under arrest, but prior to being placed in a correctional facility. As I understand, the individual was found by the city police in a condition believed to require medical care. The condition existed prior to any contact with the city police. The police observed evidence of a criminal offense wher