North Dakota AG Opinions, 2005

LETTER OPINION 2005-L-45 December 16, 2005 The Honorable Dwight C. Cook State Senator 1408 17th Street SE Mandan, ND 58554-4895 Dear Senator Cook: Thank you for your letter raising questions about the application of 2005 Senate Bill 2227 passed by the 59th Legislative Assembly on local housing authority jurisdiction. You ask whether county housing authorities may continue to own and operate existing assisted housing projects in cities with less than 5,000 population which elect to form housing authorities. You also ask whether county housing authorities may continue to administer federal

OPEN RECORDS AND MEETINGS OPINION 2005-O-21 DATE ISSUED: December 8, 2005 ISSUED TO: Harvey School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Joe Westby, Executive Director, North Dakota Education Association, asking whether the Harvey School Board (“Board”) violated N.D.C.C. § 44-04-19.2(2)(e) by taking final action on a matter during an executive session. FACTS PRESENTED Mr. Westby alleges that, during an executive session, the Board took final action to unilaterally issue contracts to Harvey teachers

LETTER OPINION 2005-L-44 December 8, 2005 Mr. Gary D. Preszler State Land Commissioner State Land Department 1707 N 9th St Bismarck, ND 58506-5523 Dear Commissioner Preszler: Thank you for your letter in which you ask about non-compliance with statutory notice requirements for auctions at which state land is offered for lease. It is my opinion that the constitutional and statutory requirement of publishing notice of a proposed lease auction three times is mandatory. ANALYSIS At statehood, North Dakota received a significant amount of land from the federal government. 1 These lands - often

LETTER OPINION 2005-L-43 December 8, 2005 Mr. J. Thomas Traynor, Jr. Devils Lake City Attorney PO Box 838 Devils Lake, ND 58301-0838 Dear Mr. Traynor: Thank you for your letter requesting my opinion on whether, in acquiring a new water supply, the city of Devils Lake must obtain the approval of the voters as provided by N.D.C.C. § 40-33-16. For the reasons explained below, it is my opinion that under the scenario described in your letter, the city would not be required to obtain the approval of the voters under N.D.C.C. § 40-33-16. ANALYSIS You described the following scenario: The City of

OPEN RECORDS AND MEETINGS OPINION 2005-O-20 DATE ISSUED: December 5, 2005 ISSUED TO: Minto Special Assessment Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ms. Sue Tibert asking whether the Minto Special Assessment Commission violated N.D.C.C. § 44-04-20 by failing to give proper notice of two special meetings held on August 26 and 27, 2005, and N.D.C.C. § 44-04-18 by failing to give her husband, Mark Tibert, a copy of the August 27 meeting notice. FACTS PRESENTED The Special Assessment Commiss

OPEN RECORDS AND MEETINGS OPINION 2005-O-19 DATE ISSUED: November 22, 2005 ISSUED TO: Supreme Court Gender Fairness Implementation Committee CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Roland Riemers asking whether the North Dakota Supreme Court Gender Fairness Implementation Committee violated N.D.C.C. § 44-04-19 by holding a meeting that was not open to the public. FACTS PRESENTED In 1994 the North Dakota Supreme Court created the North Dakota Commission on Gender Fairness in the Courts to study gender fa

LETTER OPINION 2005-L-41 November 9, 2005 Ms. Karen Wojahn President North Dakota State Board of Massage PO Box 218 Beach, ND 58621-0218 Dear Ms. Wojahn: Thank you for requesting my opinion whether a nurse licensed in North Dakota may practice massage in the bona fide practice of nursing while working at a massage establishment or day spa. It is my opinion that a nurse may not practice massage at a massage establishment, day spa, or similar business. ANALYSIS A person may not practice massage for a fee, gratuity, or as a free demonstration, without a license issued by the North Dakota Board

OPEN RECORDS AND MEETINGS OPINION 2005-O-18 DATE ISSUED: November 8, 2005 ISSUED TO: Grand Forks 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 Kyle Braaten asking whether the Grand Forks City Council (“City”) violated N.D.C.C. § 44-04-20 by failing to give public notice that contained the general subject matter for a proposed executive session; violated N.D.C.C. § 44-04-19.2 by failing to announce, in the open portion of the meeting, the topic to be discussed in an executive session; and viol

OPEN RECORDS AND MEETINGS OPINION 2005-O-17 DATE ISSUED: November 8, 2005 ISSUED TO: Cavalier County Weed Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Tom Valentine asking whether the Cavalier County Weed Board ("Board") violated N.D.C.C. § 44-04-20 by failing to provide him with a notice of a Board meeting after he made a request to be notified, and by failing to give proper public notice of Board meetings. FACTS PRESENTED Mr. Valentine alleges that the Board does not hold regularly scheduled meetings and does not

LETTER OPINION 2005-L-40 November 4, 2005 Tony Clark, President Susan Wefald, Commissioner Kevin Cramer, Commissioner Public Service Commission 600 E Boulevard Ave Dept 408 Bismarck, ND 58505-0480 Dear Commissioners: Thank you for requesting my opinion regarding the need for an auctioneer’s or auction clerk’s license to sell items through an Internet auction service. It is my opinion that sales similar to those conducted by eBay are not auctions within the contemplation of the statute. Because eBay does not conduct actual auctions, it is not an auctioneer, so eBay does not need an auctionee

LETTER OPINION 2005-L-39 October 27, 2005 Mr. Wade Enget Mountrail County State’s Attorney PO Box 369 Stanley, ND 58784-0369 Dear Mr. Enget: Thank you for requesting my opinion on several issues relating to a county’s annual sale by auction of property acquired by the county because of a tax lien foreclosure. It is my opinion that an agent, in the agent’s representative capacity, may be the successful bidder at a county tax sale even if the agent personally would otherwise be disqualified by N.D.C.C. § 57-28-15(7), provided that the agent’s principal is eligible to be the successful bidder.

LETTER OPINION 2005-L-38 October 26, 2005 Mr. Jeffrey K. Leadbetter Ransom County State’s Attorney PO Box 511 Lisbon, ND 58054-0511 Dear Mr. Leadbetter: Thank you for your letter asking whether the Lisbon Area Development Authority, recognized by the county as a nonprofit county hospital association, may receive proceeds of the tax levy under N.D.C.C. § 23-18-04 for the purchase of hospital equipment to be leased by the Lisbon Area Development Authority to a local hospital owned by a sectarian organization. It is my opinion that the proceeds of a tax levy under N.D.C.C

LETTER OPINION 2005-L-37 October 21, 2005 The Honorable Lois Delmore House of Representatives District 43 714 S 32nd St Grand Forks, ND 58201-4138 Dear Representative Delmore: Thank you for your letter asking whether the reporting requirements of the homeless management information system ("HMIS"), established under the McKinney-Vento Homeless Assistance Act 1 conflict with N.D.C.C. § 14-07.1-18, which requires North Dakota domestic violence shelter organizations to maintain the confidentiality of certain client information. I infer from the context of your question that you

LETTER OPINION 2005-L-36 October 21, 2005 Mr. Richard J. Riha Burleigh County State’s Attorney 514 E Thayer Ave Bismarck, ND 58501 Dear Mr. Riha: Thank you for asking my opinion on three issues involving correctional facility administration. It is my opinion the board of county commissioners has the authority to decide whether to join with other counties or cities to form a regional correctional facility. It is my further opinion that Burleigh County cannot appoint someone other than the Burleigh County Sheriff as the Burleigh County jail administrator. It is my furt

LETTER OPINION 2005-L-35 October 20, 2005 Mr. John Mahoney Center City Attorney PO Box 355 Center, ND 58530 Dear Mr. Mahoney: Thank you for your letter asking whether the City of Center (Center) must enter into a joint powers agreement in order for it to donate money to the Center Park District (Park District). If so, you asked whether the parties to the agreement must create a separate entity to administer the joint undertaking. You also asked about the minimum requirements of a joint powers agreement. For the reasons discussed below, it is my opinion that Center ma

LETTER OPINION 2005-L-34 October 13, 2005 Ms. Rhonda Ehlis Dunn Center City Attorney PO Box 570 Dickinson, ND 58602-0570 Dear Ms. Ehlis: A resident of Dunn Center gifted by quit claim deed an apartment building to the city. The deed contained no restrictions on the apartment or income from the apartment. A separate document signed by the donor provided that the city was to rent the apartments at a “fair price,” pay the caretakers a “fair price for their work,” and was not to use any of the income for “sports of any kind.” There were no o

LETTER OPINION 2005-L-33 October 11, 2005 The Honorable David Weiler State Representative 526 Munich Dr Bismarck, ND 58504-7037 Dear Representative Weiler: Thank you for requesting my opinion on how the new no smoking laws affect private or fraternal clubs. It is my opinion private and fraternal clubs are subject to the smoking prohibition found in N.D.C.C. § 23-12-10(1) unless one of the exemptions in N.D.C.C. § 23-12-10(2) applies to a particular area within a club. Whether an exemption would apply in any given instance depends on the specific facts in each case. ANALYSIS Senate Bill 23

LETTER OPINION 2005-L-32 October 11, 2005 Mr. A. W. Stokes Richland County State’s Attorney 413 3rd Ave N Wahpeton, ND 58075-4427 Dear Mr. Stokes: Thank you for requesting my opinion on two issues relating to changes made by Senate Bill 2300, which imposed restrictions on smoking in public places and places of employment. It is my opinion that an establishment cannot be a restaurant for part of the day where smoking is prohibited, and a bar for the rest of the day, in order to allow smoking. It is my further opinion that all locations at which smoking is prohibited

LETTER OPINION 2005-L-31 October 7, 2005 The Honorable April Fairfield State Senator 312 Main Ave S Eldridge, ND 58401-7427 Dear Senator Fairfield: Thank you for requesting my opinion on several topics relating to Senate Bill 2300 (S.B. 2300), which restricts smoking in public places and places of employment. It is my opinion that the manner in which an establishment is licensed by its local alcohol licensing agency has no effect on whether the establishment is a “bar” for purposes of the no smoking laws; S.B. 2300 does not require a separate ventilation system for a bar within a hotel, bowli

OPEN RECORDS AND MEETINGS OPINION 2005-O-16 DATE ISSUED: October 6, 2005 ISSUED TO: Mayor Marlo Tveter, City of Oakes CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ms. Moe Bohannon of The Oakes Times, asking whether Marlo Tveter, the mayor of Oakes, North Dakota, violated N.D.C.C. § 44-04-18 by refusing to release a record. FACTS PRESENTED On Monday, July 25 the Oakes City Council held a special meeting. At the end of the meeting, Mayor Marlo Tveter distributed a letter marked “Confidential” to each council member. The let

LETTER OPINION 2005-L-30 October 6, 2005 The Honorable Tim Mathern State Senator 429 16th Avenue South Fargo, ND 58103-4329 Dear Senator Mathern: Thank you for your letter asking whether a home rule city may enter into a joint powers agreement with a school district for the purpose of utilizing city sales tax revenue for school funding, and whether the city may establish exemptions from real estate taxes to be funded by sales tax revenues. It is my opinion that a home rule city may enter into a joint powers agreement with a school district to utilize city sales tax revenue for school fundin

LETTER OPINION 2005-L-29 October 6, 2005 Ms. Kimberly J. Radermacher Ellendale Assistant City Attorney PO Box 39 Ellendale, ND 58436-0039 Dear Ms. Radermacher: Thank you for your letter asking whether state law would prohibit a city housing authority from leasing new or existing housing projects to a local college which in turn would lease individual units to its students. It is my opinion that N.D.C.C. § 23-11-14(5), which prohibits subletting by housing authority tenants, would bar a city housing authority from leasing new or existing housing projects to a local college which in turn woul

LETTER OPINION 2005-L-28 October 6, 2005 Mr. Thomas Christensen North Dakota State Soil Conservation Committee 2718 Gateway Ave Ste 104 Bismarck, ND 58503-0585 Dear Mr. Christensen: Thank you for your letter asking whether farm tree planting operations are exempt from North Dakota’s one-call excavation notice system established under N.D.C.C. ch. 49-23. It is my opinion that two possible exceptions apply: (1) trees may be planted for agricultural purposes so long as the soil is not disturbed to 18 inches or deeper, or (2) trees may also be planted for gardening or landscaping so long as the

LETTER OPINION 2005-L-27 October 4, 2005 Mr. Lonnie W. Olson Ramsey County State’s Attorney 524 4th Ave NE Unit 16 Devils Lake, ND 58301-2490 Dear Mr. Olson: Thank you for your letter asking whether N.D.C.C. § 23-25-11(9) prohibits Ramsey County from enacting zoning regulations pertaining to animal feeding operations (“AFOs”). It is my opinion that N.D.C.C. § 23-25-11(9) does not prohibit Ramsey County from enacting such zoning regulations. The county's authority, however, is limited by N.D.C.C. §§ 11-33-02 and 23-25-11(9) to regulating the nature, scope, and location of

LETTER OPINION 2005-L-26 September 27, 2005 The Honorable Randy Schobinger State Senate PO Box 1215 Minot, ND 58702-1215 Dear Senator Schobinger: Thank you for requesting my opinion on several issues relating to 2005 S.B. 2300, which enacted new restrictions on smoking in public places. 2005 N.D. Sess. Laws ch. 239. Smoking is allowed in bars and retail tobacco stores under an exception to this law. Whether a bar or a retail tobacco store will lose its exemption from the general ban on smoking by leasing space to a nonprofit charitable gaming organization depends on the facts of each case.

LETTER OPINION 2005-L-25 September 26, 2005 Mr. Richard J. Riha Burleigh County State's Attorney 514 E Thayer Ave Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter asking whether N.D.C.C. § 11-11-14(4) authorizes the Burleigh County auditor to make weekly payments for goods and services before the Board of County Commissioners ("Board") approves the bills for those goods and services and whether that practice violates N.D.C.C. § 11-11-11(1), which requires the Board to supervise the county’s fiscal affairs. For the reasons explained below, it is my opinion that paying bills before

LETTER OPINION 2005-L-24 September 21, 2005 The Honorable Tim Flakoll State Senate District 44 1350 2nd St N Fargo, ND 58102-2725 Dear Senator Flakoll: Thank you for requesting my opinion regarding the constitutionality of sections 10 and 11 of the Higher Education appropriation bill, Senate Bill 2003, 2005 N.D. Leg. (S.B. 2003). Although your letter references section 10 and 11 only, the amendments contained in section 26 must also necessarily be addressed by your questions. Because the last sentences of sections 10 and 11 and the amendments contained in section 26 of S.B. 2003 appear to app

LETTER OPINION 2005-L-23 September 21, 2005 Ms. Lisa B. Gibbens Towner County State’s Attorney PO Box 708 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter asking whether a personal representative’s deed may be recorded under N.D.C.C. § 11-18-03(3) even if it does not terminate a joint tenancy or life estate. You further ask whether amendments to N.D.C.C. § 11-18-03(3) effective August 1, 2005, apply to deeds dated before that time. It is my opinion that any personal representative’s deed may be recorded under N.D.C.C. § 11-18-03(3), not just those terminating a

OPEN RECORDS AND MEETINGS OPINION 2005-O-15 DATE ISSUED: September 19, 2005 ISSUED TO: Bismarck City Commission CITIZEN’S REQUEST FOR OPINION On July 25, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dave Kolpack asking whether the City of Bismarck (Bismarck) violated N.D.C.C. § 44-04-19 by holding two meetings that were not open to the public. It is my opinion that Bismarck did not violate N.D.C.C. § 44-04-19 because the meetings held were not meetings of the Bismarck City Commission or a committee of th

LETTER OPINION 2005-L-22 September 16, 2005 Ms. Rita Sommers North Dakota State Board of Dental Examiners PO Box 7246 Bismarck, ND 58507-7246 Dear Ms. Sommers: Thank you for asking whether persons who are not licensed dentists may apply dental fluoride varnish. It is my opinion that only licensed dentists and licensed dental hygienists may apply dental fluoride varnish. ANALYSIS Dental fluoride varnishes are fluoride-containing coatings applied to teeth to preserve them and possibly prevent cavities. 1 You asked whether physicians, nurse practitioners, public health nurses and other simil

LETTER OPINION 2005-L-21 September 9, 2005 The Honorable Richard Brown State Senator 5418 11th St S Fargo, ND 58104-6452 Dear Senator Brown: Thank you for requesting my opinion on several topics relating to Senate Bill 2300, which restricts smoking in public places. It is my opinion that a “bar,” including a separately enclosed bar in a hotel, restaurant, or bowling center, is exempt from the non-smoking requirements as long as its annual gross food sales are less than its annual gross sales of alcoholic beverages. It is my further opinion that the Fargo ordinance is less stringent than sta

OPEN RECORDS AND MEETINGS OPINION 2005-O-14 DATE ISSUED: August 25, 2005 ISSUED TO: Cando School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jamie S. Gibbens-Halverson asking whether the Cando School Board violated N.D.C.C. §§ 44-04-20 and 44-04-21 by taking a vote of persons attending a meeting on March 22, 2005, when such a vote was not on the meeting’s agenda; by not keeping minutes of the March 22 meeting; by holding two meetings on April 29, 2005, and one meeting on May 2,

LETTER OPINION 2005-L-20 August 18, 2005 Mr. Brian Grosinger Assistant State’s Attorney Morton County State’s Attorney’s Office 210 2nd Ave NW Mandan, ND 58554 Dear Mr. Grosinger: Thank you for your letter asking whether a local board of health is authorized under N.D.C.C. § 23-35-08(7) to issue administrative rules regarding public health and welfare. 1 In N.D.A.G. 97-F-05, this office stated that the power of a health unit or department to make rules under the predecessor to N.D.C.C. § 23-35-08(7) was limited to rules for the governance of the health unit or depart

LETTER OPINION 1 2005-L-18 August 16, 2005 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 whether Mercer County lost an easement by abandonment. The easement contained a condition subsequent. It granted a right of way for so long as the right of way was used for highway purposes. Ultimately, it is a question of fact whether the easement has been abandoned or has terminated pursuant to its own terms due to nonuse. ANALYSIS You indicated the following facts regarding the easement:

OPEN RECORDS AND MEETINGS OPINION 2005-O-13 DATE ISSUED: August 10, 2005 ISSUED TO: Grand Forks 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 Roland C. Riemers asking whether the Grand Forks Police Department violated N.D.C.C. § 44-04-18 by failing to release records regarding a criminal investigation. FACTS PRESENTED On April 4, 2005, Roland C. Riemers went to the Grand Forks Police Department (Department) and requested access to evidence logs and other information regarding the criminal ca

LETTER OPINION 2005-L-19 August 10, 2005 Mr. Thomas Bair Attorney at Law PO Box 100 Mandan, ND 58554-0100 Dear Mr. Bair: Thank you for your letter requesting an opinion about who is responsible “for managing water runoff to avoid damage to real property.” 1 Your letter asked specifically which political subdivisions or government agencies are responsible for managing surface water runoff: • Within the corporate limits of a city; • In areas around cities where the city has exercised its extraterritorial zoning authority under N.D.C.C. § 40-47-01.1; and • In rural areas outside of th

LETTER OPINION 2005-L-17 June 29, 2005 Mr. Nicholas B. Hall Grafton City Attorney PO Box 578 Grafton, ND 58237-0578 Dear Mr. Hall: Thank you for your letter asking my opinion on several issues relating to how Senate Bill 2300, 2005 N.D. Leg., which restricts smoking in most public places and places of employment, affects an initiated ordinance adopted by the residents of Grafton which also restricts smoking in public places and places of employment. It is my opinion the portion of Grafton’s ordinance providing for a penalty is less stringent than state law, and is therefore preempted for th

OPEN RECORDS AND MEETINGS OPINION 2005-O-12 DATE ISSUED: June 28, 2005 ISSUED TO: Oakes 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 Mr. Dustin Olson asking whether the Oakes Park Board violated N.D.C.C. § 44-04-18 by failing to provide certain requested records. FACTS PRESENTED On May 25, 2005, Mr. Olson e-mailed the Oakes Park Board (Board) and requested copies of the Board’s financial information. On May 30, 2005, Randy Entzminger, the Board member who monitors the Board’s w

OPEN RECORDS AND MEETINGS OPINION 2005-O-11 DATE ISSUED: June 27, 2005 ISSUED TO: Grand Forks Historical Preservation Commission CITIZEN’S REQUEST FOR OPINION On May 6, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Eric Sondag asking whether the Grand Forks Historical Preservation Commission (Commission) 1 violated N.D.C.C. § 44-04-18 by failing to disclose records relating to the selection or funding process for the mitigation of his house. FACTS PRESENTED Mr. Sondag purchased a house from the city of Grand Forks. The h

OPEN RECORDS AND MEETINGS OPINION 2005-O-10 DATE ISSUED: June 9, 2005 ISSUED TO: Wilton Rural Ambulance District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from John Burck asking whether the Wilton Rural Ambulance District violated N.D.C.C. § 44-04-20 by failing to sufficiently notice a board meeting and N.D.C.C. § 44-04-21 by failing to keep minutes that met the minimum requirements of the law. FACTS PRESENTED The Wilton Rural Ambulance District (District) covers approximately 500 square miles in both McLean and Burleigh Counti

LETTER OPINION 2005-L-16 May 31, 2005 Mr. John 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 a city government or a county government is the appropriate governmental agency under N.D.C.C. § 23-35-09 to assess costs incurred in removing or abating a nuisance on real property located outside a city’s corporate limits but within the extraterritorial zoning authority or extraterritorial police power authority of that city. It is my opinion the county is the appropriate governmental agency to assess

OPEN RECORDS AND MEETINGS OPINION 2005-O-09 DATE ISSUED: May 27, 2005 ISSUED TO: Twin Buttes Public School District 37 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ms. Lauren Donovan asking whether Twin Buttes Public School District 37 violated N.D.C.C. § 44-04-18 by failing to provide requested records within a reasonable period of time. FACTS PRESENTED On or about March 1, 2005, Ms. Donovan requested records of the school board’s travel expenditures from July 2004 to the present day from the school’s

OPEN RECORDS AND MEETINGS OPINION 2005-O-08 DATE ISSUED: May 13, 2005 ISSUED TO: Napoleon 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 Leona Roehrich asking whether the Napoleon City Council (Council) violated the open meetings law by failing to give proper notice of a special Council meeting held on February 1, 2005, and by failing to prepare proper minutes of that meeting. FACTS PRESENTED The opinion request alleges that the Council failed to comply with the requirements for notice of a spec

OPEN RECORDS AND MEETINGS OPINION 2005-O-07 DATE ISSUED: May 12, 2005 ISSUED TO: Rolla 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 Jason Nordmark of the Turtle Mountain Star asking whether the Rolla City Council (“Council”) violated N.D.C.C. § 44-04-20 by failing to provide proper notice of a December 28, 2004, meeting of the Council’s Employee Relations Committee due to its failure to list the meeting topics, and failing to file a copy of the notice with the city auditor as required by N.D.C.C. § 44-04-20(4).

LETTER OPINION 2005-L-15 May 12, 2005 The Honorable John Hoeven Governor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Hoeven: Thank you for your letter requesting my opinion on whether N.D. Const. art. IV, § 6 would preclude your appointing current members of the Legislative Assembly to the Supreme Court Justice vacancy and the pending vacancy in the office of State Tax Commissioner since the salary for those offices has been increased by the 59th Legislative Assembly. As is more fully explained below, it is my opinion that N.D. Const. art. IV, § 6 would preclude your appointing

OPEN RECORDS AND MEETINGS OPINION 2005-O-06 DATE ISSUED: May 11, 2005 ISSUED TO: Napoleon Economic Development Company CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Leona Roehrich asking whether the Napoleon Economic Development Company (“NEDC”) violated N.D.C.C. § 44-04-18 by not providing her with access to records regarding funds given to Bradford Enterprises (“Bradford”) and Bradford’s use of those funds. She also asked NEDC, if it failed to make the records available, to provide her with a written explanation of

LETTER OPINION 2005-L-14 April 29, 2005 The Honorable Mary Ekstrom State Representative 1450 River Road South Fargo, ND 58103-4325 Dear Representative Ekstrom: Thank you for your letter asking whether the city of Fargo violated the open meetings laws, N.D.C.C. § 44-04-19, by conducting one or more closed meetings with representatives of a proposed development in downtown Fargo known as the Fargo Renaissance Center. For the reasons indicated below, it is my opinion that the city of Fargo did not violate N.D.C.C. § 44-04-19 when a city official met with representatives of