North Dakota AG Opinions, 2003

LETTER OPINION 2003-L-59 December 8, 2003 Mr. Robert E. Manly New Rockford City Attorney 601 Central Avenue New Rockford, ND 58356-1640 Dear Mr. Manly: Thank you for your letter requesting my opinion on whether a city, including a home rule city, has the authority to pass an ordinance regulating the licensing of mopeds or motorized scooters. You indicate that dealers in New Rockford have been selling these vehicles, but they are unable to obtain certificates of origin from the manufacturers which prevents licensure and registration by the state. 1 The terms “moped

LETTER OPINION 2003-L-58 December 8, 2003 Mr. Richard C. Wilkes Burke County State’s Attorney PO Box 876 Kenmare, ND 58746 Dear Mr. Wilkes: Thank you for asking my opinion regarding whether a county may deed property acquired by a tax foreclosure to a city or township without approval of the grantee political subdivision. The question concerns N.D.C.C. § 57-28-17 which provides in pertinent part: Notwithstanding the provisions of this section or other provisions of law, any property acquired by the county which is subject to a special assessment lien for improvements mad

OPEN RECORDS AND MEETINGS OPINION 2003-O-22 DATE ISSUED: December 1, 2003 ISSUED TO: Walsh County Commission CITIZEN’S REQUEST FOR OPINION On September 19, 2003, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from The Walsh County Record publisher Jackie Thompson asking whether the Walsh County Commission (Commission) violated N.D.C.C. § 44-04-20 and N.D.C.C. § 44-04-19.2 by failing to properly notice an executive session, by holding an executive session that was not authorized by law and by failing to fully comply with required statutory proce

OPEN RECORDS AND MEETINGS OPINION 2003-O-21 DATE ISSUED: December 1, 2003 ISSUED TO: Department of Human Services CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Don Kaiser asking whether the Department of Human Services (DHS) violated N.D.C.C. § 44-04-18 by failing to provide a record within a reasonable time and by requiring the request in writing. FACTS PRESENTED On Thursday, July 24, 2003, Don Kaiser requested a copy of the cost cutting proposal for the Department of Human Services Research and Statistics Division. 1 He wa

LETTER OPINION 2003-L-57 December 1, 2003 Mr. Ron Weikum Grant County State’s Attorney PO Box 196 Carson, ND 58529-0196 Dear Mr. Weikum: Thank you for your letter asking whether the Grant County Commission may declare a local emergency, ban open fires in the county, and find a person in willful violation of this ban guilty of an infraction. It is my opinion that the Grant County Commission, as part of its emergency management plan under N.D.C.C. ch. 37-17.1, may declare a local emergency and ban open fires; however, N.D.C.C. § 37-17.1-05 does not provide Grant County with the authority to i

LETTER OPINION 2003-L-56 December 1, 2003 The Honorable Alvin Jaeger Secretary of State State Capitol Dept 108 Bismarck, ND 58505-0500 Dear Secretary of State Jaeger: Thank you for your letter asking whether a fixture-related financing statement under Article 9 of the Uniform Commercial Code may be recorded in the county real property records without the signature of an owner of the real property. A financing statement under Article 9 of the Uniform Commercial Code is “a record composed of an initial financing statement and any filed record relating to the initial financing statement.” N.D.

LETTER OPINION 2003-L-55 November 21, 2003 Mr. James O. Johnson Mercer County State's Attorney PO Box 39 Stanton, ND 58571 Dear Mr. Johnson: Thank you for your letter asking whether firearms found in close proximity to controlled substances seized during a drug investigation are subject to forfeiture in the absence of evidence of violence or intimidation. A person may be permanently deprived of firearms or other property seized by a public official only if the property is contraband or subject to forfeiture. State v. Faleide, 652 N.W.2d 312, 314 (N.D. 2002). This follows from the fact th

LETTER OPINION 2003-L-54 November 20, 2003 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 requesting my opinion on two issues presented by chapter 665 of the 2003 North Dakota Session Laws. A. Transfer of savings. Your first question is whether the Office of Management and Budget (OMB) is “authorized to transfer to the general fund all of the savings resulting from the consolidation of information technology services as specified under 2003 North Dakota Session Laws, chapter 665, section 11.” The

LETTER OPINION 2003-L-53 November 20, 2003 The Honorable Harvey Tallackson State Senate 53 W 5th St Grafton, ND 58237-1468 Dear Senator Tallackson: Thank you for your letter regarding a utility customer charge. The City of Grafton (“Grafton”) purchases electricity from a power company and sets rates, by ordinance, which electricity users must pay. Users are classified under the following categories: residential, commercial, industrial, or large industrial. Among other charges, Grafton established a minimum customer charge for each classification as follows: residential - $9, commercial

LETTER OPINION 2003-L-52 November 18, 2003 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction 600 E Boulevard Ave Dept 201 Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your letter requesting my opinion regarding secti on 8 of House Bill No. 1489 (“H.B. 1489”). See 2003 N.D. Sess. Laws ch. 157, § 8. House Bill 1489 primarily amends N.D.C.C. ch. 15.1-18, relating to teacher qualification requirements. The majority of the bill does not take effect until after June 30, 2006; however, the section that triggered your letter is in effect now. This section states: SECTI

LETTER OPINION 2003-L-51 November 18, 2003 Mr. Nevin Van de Streek Minot City Attorney PO Box 1697 Minot, ND 58702-1697 Dear Mr. Van de Streek: Thank you for your letter asking whether the city of Minot may pay back-wages owing to the former emplo yees of a now-defunct Minot business without violating Article X, section 18 of the North Dakota Constitution. The business had received economic development aid from Minot’s “Magic Fund,” but ceased doing business when, according to your letter, its primary client failed to pay for services rendered. You further recite that

OPEN RECORDS AND MEETINGS OPINION 2003-O-20 DATE ISSUED: November 12, 2003 ISSUED TO: Towner County Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Vaughn C. Klier asking whether the Towner County Commission violated N.D.C.C. § 44-04-20 by holding a special meeting that was improperly noticed. FACTS PRESENTED At approximately 9:00 a.m. on August 4, 2003, Darwin Baerwald, Chairman of the Towner County Commission, asked Towner County Auditor Verna M. Martz to schedule a special meeting of the Commission on August 5. The

OPEN RECORDS AND MEETINGS OPINION 2003-O-19 DATE ISSUED: November 12, 2003 ISSUED TO: Northwood Park Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from RuthAnn Schol asking whether the Northwood Park Board violated N.D.C.C. § 44-04-18 by denying a request for records and N.D.C.C. §§ 44-04-19 and 44-04-20 by holding meetings not preceded by proper notice. FACTS PRESENTED On July 7, 2003, RuthAnn Schol attended a monthly meeting of the Northwood Park Board (Board). At the meeting, she requested to see a copy of the Board’s by

LETTER OPINION 2003-L-50 November 13, 2003 Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505-0500 Dear Secretary of State Jaeger: Thank you for your letter requesting my opinion on whether a state district court judge is subject to recall under N.D. Const. art. III, § 10. That provision states, in pertinent part: Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall by petition of electors equal in number to twenty-five percent of those who voted at the preceding general electio

LETTER OPINION 2003-L-49 November 7, 2003 The Honorable Ray Holmberg State Senate 621 High Plains Court Grand Forks, ND 58201-7717 The Honorable Ken Svedjan House of Representatives 4697 Harvest Circle Grand Forks, ND 58201-7946 Dear Senator Holmberg and Representative Svedjan: Thank you for your letter asking whether a proposal by the Office of Management and Budget (OMB) and several state agencies to grant one percent employee pay raises January 1, 2004, complies with the requirements of 2003 Senate Bill 2423. You indicate these agencies are not pooling funds, but are prov

LETTER OPINION 2003-L-48 November 4, 2003 Mr. Terence Devine Nelson County State’s Attorney PO Box 428 Lakota, ND 58344-0428 Dear Mr. Devine: Thank you for requesting my opinion on two questions involving hunting on private land. Your first question is whether Nelson County “has authority under section 11-33-01 of the North Dakota Century Code to close all agriculture land in Nelson County to hunting unless the owner posts the same ‘Open to Public Hunting’.” The language of the proposed zoning ordinance, as provided to this Office, states: All lands in Nelson County, North Dakota, within the

OPEN RECORDS AND MEETINGS OPINION 2003-O-18 DATE ISSUED: November 3, 2003 ISSUED TO: Minto Planning and Zoning Committee CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Sue Tibert asking whether the Minto Planning and Zoning Committee violated N.D.C.C. § 44-04-19 by holding a secret meeting and N.D.C.C. § 44-04-21 by not taking proper minutes. FACTS PRESENTED In a July 9, 2003, letter to the Minto Planning and Zoning Committee chairman, Sue Tibert requested a copy of the minutes of the June 24, 2003, Planning and Zoning Committe

OPEN RECORDS AND MEETINGS OPINION 2003-O-17 DATE ISSUED: October 31, 2003 ISSUED TO: City of Grand Forks CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Patrick Fisher asking whether the City of Grand Forks violated N.D.C.C. § 44-04-18 by failing to provide requested records within a reasonable amount of time. In a subsequent request, Mr. Fisher asked whether the City of Grand Forks violated N.D.C.C. § 44-04-18 by failing to provide records considered by the City of Grand Forks to be “attorney work product” under N.D.C.C. § 44-0

LETTER OPINION 2003-L-47 October 31, 2003 Mr. Larry Isaak Chancellor North Dakota University System 600 E Boulevard Ave Dept 215 Bismarck, ND 58505-0230 Dear Mr. Isaak: Thank you for your letter asking my opinion concerning the authority of the University of North Dakota (UND) and the North Dakota State Board of Higher Education (Board) to transfer real property devised to UND under a decedent’s will to the University of North Dakota Foundation (Foundation). You advise the will devises real property to UND. You also advise there is a question concerning whether the decedent may ha

OPEN RECORDS AND MEETINGS OPINION 2003-O-16 DATE ISSUED: October 22, 2003 ISSUED TO: Dave Ystebo, Chairman Workforce Safety and Insurance Board CITIZEN’S REQUEST FOR OPINION On October 17, 2003, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Janell Cole of the Fargo Forum asking whether the Workforce Safety and Insurance Board violated N.D.C.C. § 44-04-20 by holding a special meeting that was improperly noticed. FACTS PRESENTED Late in the morning on October 8, 2003, the Chairman of the Workforce Safety and Insurance Board, Dave Ystebo, informed the office

OPEN RECORDS AND MEETINGS OPINION 2003-O-15 DATE ISSUED: October 22, 2003 ISSUED TO: Shawn Dobberstein, Manager, Fargo Airport Authority CITIZEN’S REQUEST FOR OPINION On June 18, 2003, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Al Aamodt, on behalf of WDAY news and the Fargo Forum newspaper, asking whether the Fargo Airport Authority violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by holding an executive session that was not authorized by law and by failing to follow the necessary procedure to hold an executive session. FACTS PRES

OPEN RECORDS AND MEETINGS OPINION 2003-O-14 DATE ISSUED: October 22, 2003 ISSUED TO: Harvey 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 Jim Mattson of the Minot Daily News asking whether Harvey City Council violated N.D.C.C. § 44-04-19 by holding an illegal executive session. FACTS PRESENTED On July 7, 2003, the Harvey City Council (Council) held an executive session for “attorney consultation” during its regular meeting. The executive session lasted 20 minutes and was attended by the fiv

OPEN RECORDS AND MEETINGS OPINION 2003-O-13 DATE ISSUED: October 22, 2003 ISSUED TO: Minto 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 Sue Tibert asking whether the Minto City Council violated N.D.C.C. §§ 44-04-20 and 44-04-21 by failing to provide proper notice and failing to prepare proper minutes of a Employee Relations Committee meeting. FACTS PRESENTED At the end of the Minto City Council’s April 7, 2003, regular meeting, it was announced that the Council’s Employee Relations Committee would meet with the c

LETTER OPINION 2003-L-46 October 22, 2003 The Honorable Lois Delmore House of Representatives 714 S 22nd St Grand Forks, ND 58201 Dear Representative Delmore: Thank you for your request for my opinion on whether the Governor appropriately followed the guidelines of N.D.C.C. § 20.1-02-23 when appointing a new member of the Game and Fish Advisory Board (“Board”). Section 20.1-02-23, N.D.C.C., states that four members of the Board must be “sportsmen.” N.D.C.C. § 20.1-02-23. “[E]ach sportsman appointment must be made from a list of three names submitted by outdoor, sportsmen, wildlife

LETTER OPINION 2003-L-45 October 14, 2003 Honorable Randy A. Schobinger State Senator PO Box 1215 Minot, ND 58702-1215 Dear Senator Schobinger: Thank you for your October 13, 2003, e-mail raising several questions about filling the legislative vacancy in District 3. You state that local party officials are considering convening a district convention or caucus to fill the vacancy in place of holding a meeting of the executive committee of the district committee. You ask whether that proposal i s lawful. The procedure for filling a legislative vacancy is contained in N.D.C.C. § 16.1-13-10

LETTER OPINION 2003-L-44 October 14, 2003 Mr. David Ystebo Chairman of the Board Workforce Safety and Insurance 200 20th St N Fargo, ND 58102-4136 Dear Mr. Ystebo: Thank you for your letter requesting legal advice as board chair of Workforce Safety and Insurance. Your questions concern the Board of Directors’ authority over the director and certain personnel matters. The Board of Directors for Workforce Safety and Insurance (WSI) has the authority to appoint the director. N.D.C.C. § 65-02-01. The director is “subject to the supervision and direction of the board and serves at the pleasu

LETTER OPINION 2003-L-43 October 8, 2003 Mr. Howard D. Swanson Grand Forks City Attorney PO Box 12909 Grand Forks, ND 58208-2909 Dear Mr. Swanson: Thank you for your letter asking whether the city of Grand Forks may postpone or cancel a special election that has been called for October 28, 2003, to consider proposed amendments to the Grand Forks home rule charter. Notice of the special election has already been published, but members of the city council have asked whether the election could be postponed or canceled. In a telephone conversation with a member of my sta

LETTER OPINION 2003-L-42 September 26, 2003 Honorable Jim Kasper State Representative 1128 Westrac Drive Fargo, ND 58103-2342 Dear Representative Kasper: Thank you for your letter asking whether students 1 and faculty of a legal clinic at the University of North Dakota School of Law may lawfully represent individuals having claims against the state or its political subdivisions. As part of its Clinical Education Program, the University of North Dakota School of Law operates a legal clinic. The Clinical Education Program consists of a civil rights project and civil litigation project, and

LETTER OPINION 2003-L-41 September 26, 2003 Honorable Phillip Mueller State Representative 1632 101st Avenue SE Wimbledon, ND 58492-9309 Honorable Jon Nelson State Representative 4680 71st Street NE Wolford, ND 58385-9536 Dear Representatives Mueller and Nelson: Thank you for your letter asking about several matters relating to the amendment of N.D.C.C. § 15.1-27-05 in Senate Bill No. 2421, which was passed during the special session of the 2003 Legislature. Senate Bill No. 2421 is almost identical to Senate Bill No. 2154, which was passed during the regular 2003 legislative session, and th

LETTER OPINION 2003-L-40 September 25, 2003 Mr. S. Lee Vinje Portland City Attorney PO Box 547 Mayville, ND 58257-0547 Dear Mr. Vinje: Thank you for your letter asking whether a city may approve an application for a property tax exemption under N.D.C.C. ch. 40-57.1 if the application is made after building construction has begun. Chapter 40-57.1, N.D.C.C., authorizes a city to grant property tax and income tax exemptions for businesses meeting certain prescribed qualifications. Section 40-57.1-03, N.D.C.C., authorizes a municipality to grant, subject to certain limitations: . .

LETTER OPINION 2003-L-39 September 19, 2003 The Honorable George Keiser House of Representatives PO Box 1274 Bismarck, ND 58502-1274 Dear Representative Keiser: Thank you for requesting my opinion on two issues regarding credit union membership. Your first question is “whether N.D.C.C. [§] 6-06-07 permits a state chartered credit union to be formed by multiple, unrelated groups which do not between and among them share a common bond of occupation or association.” Section 6-06-07, N.D.C.C., limits credit union membership “to groups having a common bond of occupation or association or to grou

LETTER OPINION 2003-L-38 September 15, 2003 Mr. L. David Glatt Chief, Environmental Health Section North Dakota Department of Health 1200 Missouri Ave Bismarck, ND 58504-5264 Dear Mr. Glatt: Thank you for your letter asking several questions concerning the application of N.D.C.C. § 23-33-08 and the release of information by the State Department of Health regarding its ground water quality monitoring program. In 1991, the Legislature enacted a program to protect ground water resources against contamination. 1991 N.D. Sess. Laws ch. 286; N.D.C.C. § 23-33-01. The Legislature gave the Departm

OPEN RECORDS AND MEETINGS OPINION 2003-O-12 DATE ISSUED: September 8, 2003 ISSUED TO: Fargo City Commission CITIZEN’S REQUEST FOR OPINION On May 1, 2003, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Michael J. Williams asking whether the Fargo City Commission violated N.D.C.C. § 44-04-20 by adding an item to the agenda at a regular meeting. FACTS PRESENTED On April 28, 2003, the Fargo City Commission (Fargo) held a regular meeting. The notice and agenda for the meeting was posted and distributed shortly after noon on Thursday, April 24

OPEN RECORDS AND MEETINGS OPINION 2003-O-10 DATE ISSUED: September 4, 2003 ISSUED TO: Tri-County Crisis Intervention, Inc. CITIZEN’S REQUEST FOR OPINION This office received a timely request for an opinion under N.D.C.C. § 44-04-21.1 from D. Luke Davis asking whether Tri-County Crisis Intervention, Inc., violated N.D.C.C. § 44-04-18 by refusing to provide him with records he requested. FACTS PRESENTED D. Luke Davis made a request to Tri-County Crisis Intervention, Inc. (Tri-County) for the correct physical address of the Tri-County office and year-end balance/accounting statements for the

LETTER OPINION 2003-L-37 September 4, 2003 Mr. William J. Brudvik Mayville City Attorney PO Box 547 Mayville, ND 58257-0547 Dear Mr. Brudvik: Thank you for your letter raising several questions about the actions of the Mayville mayor in appointing special counsel to represent the city in relation to an employment matter and in authorizing the payment of a settlement claim. You state that a city police officer was terminated by the Mayville police commission for just cause in October 2001. A notice of termination and right to a hearing signed by the police chief was delivered to the police o

LETTER OPINION 2003-L-36 August 29, 2003 The Honorable Jim Poolman Commissioner of Insurance 600 E Boulevard Ave Dept 401 Bismarck, ND 58505-0320 Dear Commissioner Poolman: Thank you for your letter requesting my opinion on the extent of coverage afforded by a policy of insurance issued from the State Fire and Tornado Fund to the University of North Dakota. The coverage is for damage to buildings and property during the Grand Forks flood of 1997. Your specific question is whether various policy limits on coverage should be interpreted as applying to the policy as a whole regardless of how

OPEN RECORDS AND MEETINGS OPINION 2003-O-09 DATE ISSUED: August 27, 2003 ISSUED TO: Paul T. Schadewald, Chief, Administrative Services Division, North Dakota Game and Fish Department CITIZEN’S REQUEST FOR OPINION Denis Friedt made a timely request for an opinion under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Game and Fish Department (Department) violated the open records law when it asked him to put his request for copies of records in writing and whether it unreasonably delayed responding to his request. There is also an issue about whether the charge for the records was r

LETTER OPINION 2003-L-35 August 27, 2003 Mr. Richard Riha Burleigh County State’s Attorney 514 E Thayer Ave Bismarck, ND 58501-4413 Dear Mr. Riha: Thank you for asking whether the Electronic Signatures in Global and National Commerce Act (E-sign) 1 conflicts with N.D.C.C. § 47-19-03, which requires an original signature for recording documents with the county recorder. The E-sign Act states that electronic signatures and records relating to a transaction affecting interstate or foreign commerce 2 may not be denied legal effect or validity because they are in electronic form. 15 U.S.C. §

LETTER OPINION 2003-L-34 August 18, 2003 Mr. Scott Stewart Cavalier County State’s Attorney PO Box 151 Langdon, ND 58249-0151 Dear Mr. Stewart: Thank you for your letter asking about the abandonment of parts of a state highway and the sale of the right of way. 1 You ask whether the Department of Transportation (Department) violated the abandonment statute by failing to file an abandonment order with the affected counties prior to the sale of abandoned right of way. You also ask whether the purchaser of abandoned right of way may close it to traffic. Abandonment of parts

LETTER OPINION 2003-L-33 August 4, 2003 Dean C. Hildebrand, Director North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Hildebrand: Thank you for your July 31, 2003, letter asking for my interpretation of Section 2 of House Bill 1223. Section 2 of H.B. 1223, 2003 N.D. Sess. Laws ch. 203, creates a new section to ch. 20.1 -08, which has been codified at N.D.C.C. § 20.1-08-04.9 (2003). Pursuant to N.D. Const. Art. IV, § 13, H.B. 1223 took effect on August 1, 2003. N.D.C.C. § 20.1-08-04.9 provides: Small Game Proclamation - Pheasants. The gov

LETTER OPINION 2003-L-32 July 23, 2003 Honorable Amy Warnke State Representative PO Box 12982 Grand Forks, ND 58208-2982 Dear Representative Warnke: Thank you for your letter asking whether N.D.C.C. ch. 53-01 and N.D.A.C. ch. 72-02.2-01.1 apply to a “mixed martial arts” match proposed to be held in Grand Forks at the Ralph Engelstad Arena. 1 Section 53-01-07, N.D.C.C., provides, in part: The secretary of state shall supervise all boxing, kickboxing, or sparring exhibitions held in the state and may: 1. Adopt rules governing the conduct of boxing, kickboxing, and spa

OPEN RECORDS AND MEETINGS OPINION 2003-O-08 DATE ISSUED: July 22, 2003 ISSUED TO: Dakota Center for Independent Living CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Madonna Logosz asking whether the Dakota Center for Independent Living (Center) violated N.D.C.C. §§ 44-04-18 and 44-04-20 by refusing to provide records and notice of its meetings. FACTS PRESENTED Madonna Logosz requested the following records from the Center: an advance copy of all board of directors’ agendas and related material

LETTER OPINION 2003-L-31 June 9, 2003 Mr. Wade G. Enget Stanley City Attorney PO Box 369 Stanley, ND 58784-0369 Dear Mr. Enget: Thank you for asking whether the city of Stanley may donate certain monies to a nonprofit corporation. You indicate that in the year 2000, a church in Stanley disbanded and donated its building and $40,000 to the city. For purposes of this opinion, I will assume the church put no legal limitations on what the city could do with the building or the money. See generally, N.D.C.C. § 1-08-04. Initially the plan was to convert the building to either a library or youth c

LETTER OPINION 2003-L-30 June 9, 2003 Honorable Merle Boucher State Representative PO Box 7 Rolette, ND 58366-0007 Dear Representative Boucher: Thank you for asking about the meaning of “unobligated general fund balance” as used in N.D.C.C. § 15.1-27-05. The amount of state aid school districts receive is dependent in part on a school district’s “unobligated general fund balance” on the preceding June thirtieth. N.D.C.C. § 15.1-27-05. Your question relates to when funds are considered “obligated.” State law does not define either “obligated” or “unobligated” funds for the

LETTER OPINION 2003-L-29 June 9, 2003 The Honorable Robert R. Peterson State Auditor State of North Dakota 600 E Boulevard Ave Dept 117 Bismarck, ND 58505 Dear Mr. Peterson: Thank you for asking whether the Department of Transportation may license snowmobile, all-terrain vehicle, and low speed vehicle dealers, and further asking whether the Department may establish additional requirements on such dealers by rule. As explained below, while snowmobiles, all-terrain vehicles, and low speed vehicles must be registered, and dealers of these vehicles may obtain dealer registra

OPEN RECORDS AND MEETINGS OPINION 2003-O-07 DATE ISSUED: June 5, 2003 ISSUED TO: Kindred School District No. 2 CITIZEN’S REQUEST FOR OPINION Paula Swenson made a timely request under N.D.C.C. § 44-04-21.1 for an opinion asking whether the Kindred School District Board (Board) violated the open meeting laws by 1) adding an agenda item to the notice of a special school board meeting less than 24 hours before the meeting was to take place, 2) removing an item from the agenda of a regular meeting, and 3) not allowing members of the public to address the Board at a regular meeting of the Board

LETTER OPINION 2003-L-28 May 27, 2003 Honorable Ray Wikenheiser State Representative 601 East Elm Linton, ND 58552-0816 Dear Representative Wikenheiser: Thank you for asking whether an individual appointed to the Emmons County Weed Board may serve out his term if he no longer owns real property in Emmons County, but still remains a resident of Emmons County. I understand the board member is currently renting an apartment in Linton and is therefore no longer directly paying property taxes to Emmons County. Section 11-10-04.1, N.D.C.C., states that “an appointed member of a county board . . .