North Dakota AG Opinions, 1992

N.D.A.G. Letter to Vogel (Dec. 23, 1992) December 23, 1992 Sarah Vogel, Commissioner of Agriculture Chair, North Dakota Potato Council State Capitol 600 E. Boulevard, 6th Floor Bismarck, ND 58505-0020 Dear Commissioner Vogel: Thank you for your December 2, 1992, letter in which you request an opinion concerning whether seed potatoes grown by a North Dakota partnership owned by three individuals are subject to the assessment imposed by N.D.C.C. § 4-10.1-09 under the following circumstances: 1. The potatoes are shipped by the partnership to a different farm in North Dakota where they

N.D.A.G. Letter to McClure (Dec. 23, 1992) December 23, 1992 Brian McClure, Director Central Personnel Division State Capitol 600 E Boulevard Avenue Bismarck, ND 58505-0120 Dear Mr. McClure: Thank you for your December 9, 1992, letter asking whether 1991 N.D. Sess. Laws ch. 53 allows a permanent full-time employee to be paid a salary increase that begins later than July 1, 1992. The provision of law in question provides: SECTION 2. State employee salary increases - Effective date. The amounts appropriated in section 1 of this Act are only to be available to state agencies and

N.D.A.G. Letter to Collins (Dec. 23, 1992) December 23, 1992 Sparb Collins Public Employees Retirement System 400 East Broadway, Suite 505 PO Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your December 1, 1992, letter concerning the impact on the Deferred Compensation Program under N.D.C.C. ch. 54-52.2, caused by the issuance of shares of stock to the state of North Dakota as a result of The Equitable Life Assurance Society of the United States demutualization. Equitable Life converted from a mutual life insurance company to a stock insurance company and became

N.D.A.G. Letter to Torkelson (Dec. 18, 1992) December 18, 1992 Merle A. Torkelson State's Attorney McLean County Courthouse PO Box 1108 Washburn, ND 58577 Dear Ms. Torkelson: Thank you for your November 19, 1992, letter asking whether a school board may require the payment of fees for extracurricular or noncurricular activities, as authorized by N.D.C.C. § 15-43-11.2, before a student is allowed to attend or participate in those activities for which the fee was charged. Your question is answered by 1990 N.D. Op. Att'y Gen. 66, 68, wherein it was stated: N.D.C.C. § 15-43-11.2 authoriz

N.D.A.G. Letter to Sand (Dec. 18, 1992) December 18, 1992 Rosellen M. Sand Deputy Secretary of State Capitol Building 600 East Boulevard Avenue Bismarck, ND 58505-0500 Dear Ms. Sand: Thank you for your June 16, 1992, letter questioning whether the privacy provisions of N.D.C.C. § 44-04-18.4 apply to information reported under N.D.C.C. ch. 10-23. I apologize for the delay in responding. I understand your request stems from an out-of-state corporation's request that the financial information submitted on its annual report, required by N.D.C.C. § 10-23-01, be held confidential. The cor

N.D.A.G. Letter to Sand (Dec. 18, 1992) December 18, 1992 Rosellen M. Sand Deputy Secretary of State Capitol Building 600 East Boulevard Avenue Bismarck, ND 58505-0500 Dear Ms. Sand: Thank you for your June 16, 1992, letter questioning whether the privacy provisions of N.D.C.C. § 44-04-18.4 apply to information reported under N.D.C.C. ch. 10-23. I apologize for the delay in responding. I understand your request stems from an out-of-state corporation's request that the financial information submitted on its annual report, required by N.D.C.C. § 10-23-01, be held confidential. The cor

N.D.A.G. Letter to Rohrich (Dec. 9, 1992) December 9, 1992 Mr. F.C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your September 17, 1992, letter concerning the compensation provided to your secretary by the county of Emmons. Specifically, you ask whether your secretary, who is classified as a part-time employee but works over 30 hours per week for the county, is entitled to receive full benefits for hospitalization and retirement which are offered to full- time employees. The board of county commissioners has the authority under

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION NO. 92-19 Date issued: December 3, 1992 Requested by: Doug Mattson, Ward County State's Attorney - QUESTION PRESENTED - Whether an absentee ballot application which includes only a person's name, the person's address, a request that an absentee ballot be sent to a given address, the person's signature and the date signed meets the minimum requirements of N.D.C.C. ' 16.1-07-06. - ATTORNEY GENERAL'S OPINION - It is my opi

N.D.A.G. Letter to Plesuk (Dec. 2, 1992) December 2, 1992 Mayor Ronald Plesuk P.O. Box 125 Butte, ND 58723 Dear Mayor Plesuk: Thank you for your November 5, 1992, letter requesting an opinion regarding whether a city may assess against property the costs of garbage collection and grass cutting. First, you ask whether a city may assess against the premises by adding to the property taxes delinquent bills for garbage collection services. Cities have only those powers expressly conferred upon them by the Legislature, or those necessarily implied from the powers expressly granted. See P

N.D.A.G. Letter to Carroll (Dec. 1, 1992) December 1, 1992 Jack A. Carroll, Ph.D. Executive Director Medical Center Rehabilitation Hospital and Clinics University of North Dakota Box 8202 University Station Grand Forks, ND 58202 Dear Dr. Carroll: Thank you for your September 1, 1992, letter in which you request an opinion regarding the constitutionality of the Minnesota Health Right Act as it applies to the Medical Center Rehabilitation Hospital (MCRH) in Grand Forks, North Dakota. Effective January 1, 1993, nonresident hospitals as defined in the Minnesota Health Right Act will be

N .D.A.G. Letter to Carlisle (Nov. 30, 1992) ovember 30, 1992 e sentative ismarck, ND 58502 ear Representative Carlisle: e entitled the $40 per month salary increase provided by the 1991 Legislative Assembly. he provision of law in question reads as follows: increases of forty dollars per month for each permanent full-time employee N Honorable Ron Carlisl State Repre District 30 PO Box 222 B D Thank you for your October 19, 1992, letter concerning which state employees ar to T SECTION 2. State employee salary increases - Effective date. The amounts appropriated in section 1 of

N.D.A.G. Letter to Sanstead (Nov. 24, 1992) November 24, 1992 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your September 22, 1992, memorandum asking whether the Superintendent of Public Instruction (hereafter, Superintendent) may institute a residency determination policy declaring physical presence to be decisive in determining a student's residence. This policy would be used to determine whether to withhold state foundation aid payments from a school district alleged to be educa

N.D.A.G. Letter to Odegard (Nov. 24, 1992) November 24, 1992 Mr. James T. Odegard Grand Forks County State's Attorney Grand Forks County Courthouse PO Box 607 Grand Forks, ND 58206-0607 RE: Income Withholding for Child Support Dear Mr. Odegard: On September 15, 1992, Sonja Clapp, Assistant State's Attorney, wrote to request my opinion on whether the clerk of district court was required to give notice prior to issuing income withholding orders which included an amount for arrearages. Subsection 1 of N.D.C.C. § 14-09-09.24, concerning immediate income withholding, provides (with an

N.D.A.G. Letter to Collins (Nov. 24, 1992) November 24, 1992 Mr. Sparb Collins Executive Director Public Employees Retirement System PO Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your October 9, 1992, letter concerning the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (1992) (ERISA) and the status of the Uniform Group Insurance Program, North Dakota Century Code (N.D.C.C.) ch. 54-52.1 (Program), as a "governmental plan." Specifically, you ask whether nonparticipating local governmental employees could elect to participate in the Prog

82 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-18 Date issued: November 23, 1992 Requested by: Dennis Edward Johnson, McKenzie County State's Attorney - QUESTION PRESENTED - Whether a court must impose the 90-day imprisonment penalty of N.D.C.C. ' 39-08-01.2 upon persons convicted either of N.D.C.C. ' 39-08-01 as a first or second offender or of N.D.C.C. ' 39-08-03. - ATTORNEY GENERAL'S OPINION - It is my opinion that a court must impose the 90-day imprisonment

N .D.A.G. Letter to Wentz (Nov. 20, 1992) ovember 20, 1992 tative Janet Wentz SE inot, ND 58701 ear Representative Wentz: 1(21). 1987 N.D. Sess. Laws, ch. 525, §§ 2, 13). Neither of the persons is a physician. ppropriateness of cesarean section rates and routine infant circumcision in eneral. N Represen District 3 505 Eighth Avenue M D Thank you for your September 15, 1992, letter requesting an opinion concerning the responsibility of the North Dakota Board of Medical Examiners (hereafter Board) to address the medical propriety of certain surgical procedures. Your request specifica

.D.A.G. Letter to Solberg (Nov. 20, 1992) ovember 20, 1992 g rney argo, ND 58107-1897 ear Mr. Solberg: ho allegedly violated a noncriminal traffic offense and refuses sign a promise to appear. .D.C.C. § 39-07-08 provides: arged receives a new summons or notice subject to the provisions of this section. N N Mr. Wayne O. Solber Fargo City Atto PO Box 1897 F D Thank you for your October 7, 1992, letter in which you raise a possible conflict between the provisions of N.D.C.C. §§ 39-07-07 and 39-07-08 and question whether such conflict would prohibit the adoption of a municipal ordinance

N.D.A.G. Letter to Rotering (Nov. 17, 1992) November 17, 1992 Mr. Jeff Rotering Adams County State’s Attorney PO Box 1379 Hettinger, ND 58639 RE: Hunting Near Occupied Buildings -- N.D.C.C. § 20.1-01-21 Dear Mr. Rotering: Thank you for your letter of October 5, 1992, regarding North Dakota Century Code section 20.1-01-21 and its effect on hunting near occupied buildings. N.D.C.C. § 20.1-01-21 states: 20.1-01-21. Hunting near occupied building without permission unlawful. -- No person shall hunt or pursue game upon the premises of another, within four hundred forty yards [402.34 m

N.D.A.G. Letter to Plunkett (Nov. 17, 1992) November 17, 1992 Ms. Phyl Plunkett Private Investigator and Security Board P.O. Box 7026 Bismarck, ND 58507 Dear Ms. Plunkett: Thank you for your October 15, 1992, letter requesting my opinion on whether persons engaged in the business of locating owners or heirs of lost, abandoned, or unclaimed property are performing a private investigative service for which they are required to have a license under N.D.C.C. ch. 43-30. As defined by N.D.C.C. ch. 43-30, “private investigative service” means “obtaining or furnishing information with referenc

N.D.A.G. Letter to Vogelpohl (Nov. 10, 1992) November 10, 1992 Mr. Steven L. Vogelpohl Lincoln City Attorney Beauclair & Cook PO Box 2575 Bismarck, ND 58502-2575 Dear Mr. Vogelpohl: Thank you for your August 31, 1992, letter asking several questions regarding N.D.C.C. § 40-08-08 regarding a petition for a special election to fill a vacancy on a chapter 40-08 city council. Your questions may be summarized as follows: 1. How many signatures are required on a petition calling for a special election to fill a vacancy on a chapter 40-08 city council? 2. What is the effect of the reque

N.D.A.G. Letter to Olson (Nov. 10, 1992) November 10, 1992 Mr. Lonnie W. Olson Ramsey County State's Attorney 524 Fourth Avenue #16 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your October 13, 1992, letter requesting an opinion regarding the meaning of the phrase, "principal editorial office" in N.D.C.C. § 46-06-02. N.D.C.C. § 46-06-02 states the qualifications required to serve as an official newspaper. It provides: 46-06-02. Qualifications required of an official newspaper. A newspaper is qualified to serve as an official newspaper if it meets all the requirements of

N.D.A.G. Letter to Coats (Nov. 5, 1992) November 5, 1992 Honorable Jim Coats State Representative 1704 Sunset Drive Mandan, ND 58554 Dear Representative Coats: Thank you for your September 8, 1992, letter in which you ask a number of questions surrounding the June 9, 1992, favorable vote on measure #1 establishing a constitutional amendment to the North Dakota Constitution allowing the state of North Dakota to provide adjusted compensation to North Dakota residents who were members of the regular active duty armed forces and who served in the Persian Gulf theater or in the Grenada, Leba

N.D.A.G. Letter to Manbeck (Nov. 2, 1992) November 2, 1992 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your October 27, 1992, letter requesting an opinion as to whether the proposed ballot language to form a new school district, enclosed in your letter, is legally sufficient. The purpose of the vote in which the ballot will be utilized is to determine whether the qualified electors of seven school districts approve a reorganization to form one new school district. The vote is the culmination of approximately thre

78 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-17 Date issued: October 27, 1992 Requested by: John A. Graham, Executive Director North Dakota Department of Human Services - QUESTION PRESENTED - Whether Section 6 of 1991 Senate Bill No. 2203 became effective on July 10, 1992, or may become effective at any other time. - ATTORNEY GENERAL'S OPINION - It is my opinion that Section 6 of 1991 Senate Bill No. 2203 did not become effective on July 10, 1992, an

N.D.A.G. Letter to Koppy (Oct. 23, 1992) October 23, 1992 Mr. Allen Koppy Morton County State's Attorney 210 2nd Avenue NW Mandan, ND 58554 Dear Mr. Koppy: Thank you for your July 21, 1992, letter requesting an opinion as to the proper use of certain centennial project funds held by the city of Flasher. North Dakota celebrated its centennial in 1989. In 1987 the Legislature passed the following statute: Centennial coordinating committee. The governing body of any city may establish a local centennial coordinating committee to develop and implement special community

N.D.A.G. Letter to Enget (Oct. 23, 1992) October 23, 1992 Mr. Wade G. Enget Stanley City Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your September 1, 1992, letter requesting an opinion as to whether the city of Stanley must get voter approval for a project by which the city of Stanley will be constructing a pipeline to hook up with an existing water distribution system known as R & T (hereafter Project). R & T is a water distribution system owned by the cities of Ray and Tioga. The Project will be funded as follows: 65% of the funds will be federal funds in

75 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-16 Date issued: October 12, 1992 Requested by: Jim Kusler, Secretary of State - QUESTION PRESENTED - Whether a candidate for an elective office may decline a nomination less than sixty days prior to the election. - ATTORNEY GENERAL'S OPINION - It is my opinion that a candidate for elective office may not decline the nomination less than sixty days prior to the election. - ANALYSIS - The question presented arises

N.D.A.G. Letter to Gathman (Oct 5, 1992) October 5, 1992 Mr. Frank E. Gathman Commandant North Dakota Veterans' Home Box 673 Lisbon, ND 58054-0673 Dear Mr. Gathman: Thank you for your May 14, 1992, letter requesting an opinion whether North Dakota Century Code (N.D.C.C.) § 37-15-10(1), which provides a one-year durational residency requirement as a prerequisite to apply to be admitted to the North Dakota veterans' home, is constitutional. I apologize for the delay in responding. Our state constitution provides for the location of "[a] soldiers' home . . . at the city of Lisbon, in the

N.D.A.G. Letter to Lindgren (Oct. 1, 1992) October 1, 1992 Hon. Jon G. Lindgren Mayor City of Fargo City Hall 200 North Third Street Fargo, ND 58102 Hon. Florenz Bjornson Mayor City of West Fargo City Hall West Fargo, ND 58078 Dear Mayor Lindgren and Mayor Bjornson: Thank you for your June 5, 1992, letter asking whether a county home rule ordinance applies to a city within the county if the city has not passed an ordinance on the same subject, and whether a county home rule ordinance prevails over a city ordinance where the two conflict. Political subdivisions such as counties a

1 N.D.A.G. Letter to Isakson (Sep. 29, 1992) September 29, 1992 Mr. Charles R. Isakson Mercer County State's Attorney P.O. Box 39 Stanton, ND 58571 Dear Mr. Isakson: Thank you for your June 16, 1992, letter asking whether a political subdivision may make a donation to a private local hospital without specific or implied statutory authority to do so, if the donation can be attributed to be for reasonable support of the poor pursuant to N.D. Const. art. X, § 18. The North Dakota Constitution states: Section 18. The state, any county or city may make internal improve

67 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-15 Date issued: September 25, 1992 Requested by: Senators James C. Yockim and William G. Goetz - QUESTION PRESENTED - Whether North Dakota Century Code (N.D.C.C.) ' 27-05-02.1(2), which authorizes the supreme court to abolish district court judgeships based on certain criteria, is unconstitutional as either an invalid delegation of legislative authority or imposition of a nonjudicial duty. - ATTORNEY GENERAL'S OPINION - It is

64 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92- 14 Date issued: September 24, 1992 Requested by: Kenneth L. Dalsted Jamestown City Attorney - QUESTIONS PRESENTED - I. Whether the mayor under a modern council system of government has the power to veto ordinances or resolutions passed by the city council. II. Whether the provisions of N.D.C.C. ch. 40-08, relative to the governing body and executive officer in council cities, apply to the modern council system of gov

N.D.A.G. Letter to Collins (Sep. 17, 1992) September 17, 1992 Mr. Sparb Collins Executive Director North Dakota Public Employees Retirement System PO Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your August 6, 1992, letter concerning bid specifications for the Uniform Group Insurance Program under North Dakota Century Code (N.D.C.C.) ch. 54-52.1. I will respond to your concerns in the order they are presented. Your first question concerns the state contribution requirements under N.D.C.C. § 54-52.1-06. The pertinent portion of this section provid

N.D.A.G. Letter to McBeth (Sep. 15, 1992) September 15, 1992 Mr. Ronald W. McBeth Richland County Assistant State's Attorney Law Enforcement Center 413 Third Avenue N Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your June 8, 1992, letter. You advise of cases where a person paying child support is not kept informed of changes in the address or telephone number of the children for whom support is paid. You indicate that the clerk's office usually has the new address and telephone number. You ask if the clerk or the state's attorney may properly release the address or telephone

N.D.A.G. Letter to Tracy (Sep. 10, 1992) September 10, 1992 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russell Building Highway 83 North 4007 State Street Bismarck, ND 58501-0600 Dear Ms. Tracy: Thank you for your July 17, 1992, letter requesting an opinion on whether raw data that exists only in an uncompiled and electronically stored form constitutes a public record and whether N.D.C.C. § 65-05-32 requires that information on individual claims be released in aggregate form. These questions result from a request you received to provide information under N.D.C.C.

N.D.A.G. Letter to Olson (Sep. 9, 1992) September 9, 1992 Mr. Lonnie W. Olson Ramsey County State's Attorney Courthouse 524 4th Avenue #16 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your July 21, 1992, letter in which you inquire as to whether a video tape of an adult who was arrested for driving under the influence constitutes an item which is accessible under the North Dakota open records law and whether it may be copied for public use. You have stated that there is no longer a DUI charge pending against the individual since that person has entered a plea of guilty. You a

N.D.A.G. Letter to Henegar (Sep. 1, 1992) September 1, 1992 The Honorable Dale L. Henegar N.D. House of Representatives 2421 Avenue C East Bismarck, ND 58501 Dear Representative Henegar: Thank you for your July 31, 1992, letter regarding the aggregate upland game bird bag limit and turkey licenses. Your first question is whether the Game & Fish Department exceeded their authority as stated in North Dakota Century Code ("N.D.C.C.") § 20.1-08-03 when establishing the aggregate bag limit for upland game birds during the 1991-92 season. Based on my review, the statutory aggregate bag lim

N.D.A.G. Letter to Bopp (Aug. 31, 1992) August 31, 1992 Mr. Lyle R. Bopp Sargent County State's Attorney Box 125, Main Street Forman, ND 58032 Dear Mr. Bopp: Thank you for your May 1, 1992, letter requesting an opinion as to whether a new school district consisting of a group of former school districts that is formed pursuant to N.D.C.C. ch. 15-27.6, school district boundary restructuring, may impose varying general fund mill levies on the areas comprising the former school districts in order to accomplish an equitable adjustment of assets. You indicate in your letter that the Southeas

N.D.A.G. Letter to Burke (Aug. 26, 1992) August 26, 1992 Ms. Patricia L. Burke Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your August 14, 1992, letter asking whether a county commission can refuse to accept the proposed home rule charter from the home rule charter commission under N.D.C.C. § 11-09.1-02. You also ask, if the answer to the foregoing question is in the affirmative, does the board of county commissioners have the authority to alter or modify the proposed home rule charter before it is submitted to a vote. The

N.D.A.G. Letter to Riha (Aug. 25, 1992) August 25, 1992 Mr. Richard J. Riha Assistant State's Attorney Office of State's Attorney Courthouse 514 E. Thayer Ave. Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter of July 10, 1992, wherein you request an interpretation of N.D.C.C. § 14-07-15. N.D.C.C. § 14-07-15 provides, in relevant part: 14-07-15. Abandonment or nonsupport of child - Penalty. Every parent or other person legally responsible for the care or support of a child who is unable to support himself by lawful employment, who wholly abandons su

N.D.A.G. Letter to Sanstead (Aug. 24, 1992) August 24, 1992 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your April 14, 1992, letter concerning the authority of the North Dakota School for the Blind to charge North Dakota school districts for the cost of summer school special education programs conducted for students at the North Dakota School for the Blind. North Dakota school districts are to provide special education to handicapped children in accordance with North Dakota Centu

N.D.A.G. Letter to McLean (Aug. 24, 1992) August 24, 1992 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your July 24, 1992, letter concerning the collection of delinquent real estate taxes on real property subject to the lien of a mortgage held by the State Treasurer as trustee for the state of North Dakota. As you apparently are aware, the lien of the unpaid taxes is subordinate to the lien of the mortgage, and a tax sale of the real property is subject to suspension if the mortgage should be foreclosed and title

N.D.A.G. Letter to Kingstad (Aug. 19, 1992) August 19, 1992 Mr. Tim Kingstad State Land Commissioner State Land Department 918 E Divide Avenue, Suite 410 Drawer 5523 Bismarck, ND 58502-5523 Dear Mr. Kingstad: Thank you for your June 10 and July 8, 1992, letters in which you ask about the propriety of commingling various state funds for investment purposes. In particular, you ask whether the funds managed by the Board of University and School Lands (Land Board) can be commingled amongst themselves, as well as with the State Bonding Fund, State Fire and Tornado Fund, and Worker's Compen

57 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-13 Date issued: August 19, 1992 Requested by: Honorable Ron Carlisle State Representative - QUESTIONS PRESENTED - I. Whether it is a violation of N.D. Const. art. X, ' 21 for the Board of University and School Lands to invest coal severance tax trust fund moneys in shares of the Myron G. Nelson Fund, Incorporated. II. Whether it is a violation of N.D. Const. art. X, ' 18 for the Board of University and S

N.D.A.G. Letter to McLean (Aug. 18, 1992) August 18, 1992 Mr. Stephen M. McLean City Attorney City Hall 115 South 5th Street Oakes, ND 58474-1699 Dear Mr. McLean: Thank you for your June 12, 1992, letter concerning city bidding requirements, rejection of all bids, and changes to requests for bids. You ask whether, after rejection of all bids, a city may negotiate a contract for services for waste hauling or if it must rebid the proposed contract if its ordinance requires competitive bidding "whenever possible." You further inquire whether proposed contract specifications concerning

N.D.A.G. Letter to McLean (Aug. 18, 1992) August 18, 1992 Mr. Stephen M. McLean City Attorney City Hall 115 South 5th Street Oakes, ND 58474-1699 Dear Mr. McLean: Thank you for your June 12, 1992, letter concerning city bidding requirements, rejection of all bids, and changes to requests for bids. You ask whether, after rejection of all bids, a city may negotiate a contract for services for waste hauling or if it must rebid the proposed contract if its ordinance requires competitive bidding "whenever possible." You further inquire whether proposed contract specifications concerning

N.D.A.G. Letter to Johnson (Aug. 18, 1992) August 18, 1992 Mr. Dennis E. Johnson McKenzie County State's Attorney PO Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your April 15, 1992, letter concerning expulsion from school of a child of an indigent family. You inquire whether the failure of the expelling school district to pay the tuition for attendance of the expelled student at another school district when the child's family is unable to pay the tuition violates North Dakota's constitutional right to an education. I am sorry for the delay in finalizing the response.