North Dakota AG Opinions, 2006

LETTER OPINION 2006-L-36 November 2, 2006 Mr. Maury C. Thompson Sioux County State’s Attorney PO Box L Fort Yates, ND 58538-0529 Dear Mr. Thompson: Thank you for your letter asking whether a county commission may appoint a county auditor as a part-time county director of tax equalization. For the reasons stated below, it is my opinion that a county commission may appoint a county auditor as a part-time county director of tax equalization if the county commission determines that the positions are not in conflict or incompatible. ANALYSIS In your letter, you cite to N.D.A.G. 69-257 (the “1969

LETTER OPINION 2006-L-35 October 30, 2006 Dr. Wayne Sanstead Superintendent of Public Instruction State Capitol Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter asking whether the Earl Public School District is required by law to be dissolved. It is my opinion that the Earl Public School District is required by law to be dissolved. ANALYSIS Your letter states: The Earl and Horse Creek Public School Districts are small school districts on the western border of North Dakota. The Bowline Butte Public School District was dissolved and attached to the McKenzie County Public School D

LETTER OPINION 2006-L-34 October 20, 2006 The Honorable Tom Seymour State Senator 1104 14th Avenue SW Minot, ND 58701-5768 The Honorable Eliot Glassheim State Representative 619 North 3rd Street Grand Forks, ND 58203-3203 The Honorable Lee Kaldor State Representative PO Box 215 Mayville, ND 58257-0215 Dear Senator Seymour and Representatives Glassheim and Kaldor: Thank you for your letter asking whether the faculty adviser to the North Dakota State Board of Higher Education is a member of the State Board. If the adviser is not a member of the State Board, you ask whether the adviser has the

OPEN RECORDS AND MEETINGS OPINION 2006-O-14 DATE ISSUED: October 4, 2006 ISSUED TO: Williston Family Crisis Shelter CITIZEN’S REQUEST FOR OPINION On June 26, 2006, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Charles Robinson asking whether the Williston Family Crisis Shelter violated N.D.C.C. § 44-04-19.2 because the minutes did not specify the topic of an executive session and violated N.D.C.C. § 44-04-18(7) by failing to describe the legal authority for the denial. FACTS PRESENTED On May 30, 2006, the board of directors of the

LETTER OPINION 2006-L-33 October 4, 2006 Ms. Kimberly J. Radermacher LaMoure County State’s Attorney PO Box 39 Ellendale, ND 58436-0039 Dear Ms. Radermacher: Thank you for your letter asking whether a person appointed to fill a vacancy in the office of state’s attorney must be a resident of the county for 30 days prior to the appointment. You also asked whether a person circulating a petition to appear on the ballot for the state’s attorney position must be a resident of the county at the time the petition is circulated. It is my opinion that a person appointed to fill a vacant state’s atto

LETTER OPINION 2006-L-32 September 21, 2006 Mr. Swain Benson, Sr. Bottineau County State’s Attorney 616 Main Street Bottineau, ND 58318-1309 Dear Mr. Benson: Thank you for your letter asking whether the Bottineau County Ambulance Service may use tax levy monies 1 to reimburse other ambulance services dispatched within the borders of the Bottineau County Ambulance Service District under N.D.C.C. § 57-40.6-10(1)(k). For the reasons stated below, it is my opinion that the Bottineau County Ambulance Service has the implied authority to use tax levy monies to reimburse other ambulance services d

LETTER OPINION 2006-L-31 September 20, 2006 Mr. Robert J. Leingang Secretary-Chief Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58501 Dear Mr. Leingang: Thank you for your letter asking about an exception to the general statutory requirement that a master plumber must be in charge of all plumbing installations in the state. The exception, contained in N.D.C.C. § 43-18-10, provides that in cities of less than 1,000 people and in “all rural areas” a licensed journeyman plumber may engage in the business of installing plumbing. Based on the following, it is

LETTER OPINION 2006-L-30 September 14, 2006 The Honorable Jim Poolman Commissioner North Dakota Insurance Department State Capitol Bismarck, ND 58505 Dear Commissioner Poolman: Thank you for asking whether a nonprofit mutual insurance company may make a premium refund to its policyholders. It is my opinion that a nonprofit mutual insurance company may make a premium refund to its policyholders. ANALYSIS Section 26.1-17-33.1(3), N.D.C.C. provides: The nonprofit corporation laws apply to the operation and control of a nonprofit mutual insurance company converted from a nonprofit health servic

LETTER OPINION 2006-L-29 September 12, 2006 The Honorable Shirley Meyer State Representative 4025 Highway 22 Dickinson, ND 58601-9509 Dear Representative Meyer: Thank you for your letter asking about issuing temporary water permits under N.D.C.C. § 61-04-02.1. It is my opinion that a hearing is not required to issue temporary water use permits. It is further my opinion that after a temporary water permit expires, the State Engineer may issue successive temporary permits to the same person and for the same purpose. ANALYSIS Except for certain uses of small quantities of water, any person d

LETTER OPINION 2006-L-28 September 6, 2006 The Honorable Robert R. Peterson State Auditor 600 E Boulevard Ave Dept 117 Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter asking whether one person on the Workforce Safety & Insurance (WSI) Board of Directors may serve as the employee who has received WSI benefits and also as the employee representative for organized labor. For the reasons stated below, it is my opinion that one person may not serve as the employee representative who has received WSI benefits and as the employee representative for organized labor. ANALYSIS The WSI

LETTER OPINION 2006-L-27 September 1, 2006 The Honorable Kim Koppelman State Representative 513 1st Avenue NW West Fargo, ND 58078-1101 The Honorable Randy Boehning State Representative 825 42nd Street SW Apt. 211 Fargo, ND 58103-1143 Dear Representatives Koppelman and Boehning: Thank you for your letter regarding the distribution of city sales tax revenue to a school district located within a home rule city in an effort to effect property tax relief. It is my opinion that a home rule city may enter into a joint powers agreement with a single school district to utilize city sales tax revenu

LETTER OPINION 2006-L-26 August 31, 2006 Ms. Nici Meyer Clarkson Bowman County State's Attorney PO Box 180 Bowman, ND 58623-0180 Dear Ms. Clarkson: Thank you for your letter asking whether a telephone exchange access service provider providing emergency 911 service is permitted to charge Bowman County a fee of $2 for each change to the county 911 database. Based on the following analysis, it is my opinion that a cooperative telephone exchange access service provider is not prohibited from imposing a fee for providing monthly updates to the county 911 database. ANALYSIS Section 57-40.6-06,

LETTER OPINION 2006-L-25 August 28, 2006 Mr. Wade G. Enget Mountrail County State’s Attorney PO Box 369 Stanley, ND 58784-0369 Dear Mr. Enget: Thank you for your letter asking about the scope of state court jurisdiction on Indian reservations. It is my opinion that, at least for foreclosures involving fee land owned by a tribal member, it is likely that state courts have jurisdiction and can require the sale of the land. ANALYSIS You ask whether a 2000 opinion from this office concerning on-reservation garnishment procedures governs on-reservation foreclosures. The 2000 opinion addressed

LETTER OPINION 2006-L-24 August 28, 2006 Mr. Kent A. Reierson Williston City Attorney PO Box 1366 Williston, ND 58802-1366 Dear Mr. Reierson: Thank you for your letter asking whether the phrase “mill levy on the taxable valuation” in the state aid to public libraries law refers to the amount of dollars levied rather than the number of mills levied. Based on the following analysis, it is my opinion that “mill levy on the taxable valuation” in the state aid to public libraries law refers to the number of mills levied and not the amount of dollars levied. ANALYSIS In approximately November of

LETTER OPINION 2006-L-23 August 16, 2006 The Honorable Todd Porter State Representative 4604 Borden Harbor Drive Mandan, ND 58554-7961 The Honorable Mark Dosch State Representative 509 Cottonwood Loop Bismarck, ND 58504-7411 The Honorable Ed Kringstad State Senator 1807 North 7th Street Bismarck, ND 58501-1807 Dear Rep. Porter, Rep. Dosch, and Sen. Kringstad: Thank you for your letter asking three questions concerning Lake Isabel and the effect that irrigation from the Kidder County aquifer system has on the lake’s water elevation. It is my opinion that using Lake Isabel’s waters for recreati

LETTER OPINION 2006-L-22 August 16, 2006 Mr. Kent Reierson Williston City Attorney PO Box 1366 Williston, ND 58802-1366 Dear Mr. Reierson: Thank you for your July 12, 2006, letter asking whether a city commissioner, who has brought an action against the city, is entitled to attend an executive session dealing with the subject of the litigation brought by that city commissioner. Based on the following analysis, it is my opinion that the city commissioner may be excluded from an executive session in which the other city commissioners will discuss litigation strategy regarding the action broug

OPEN RECORDS AND MEETINGS OPINION 2006-O-13 DATE ISSUED: August 14, 2006 ISSUED TO: University of North Dakota School of Aerospace Sciences CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Bjorn Dahlen asking whether the University of North Dakota John D. Odegard School of Aerospace Sciences ["UND"] violated N.D.C.C. § 44-04-18 by charging in excess of what the law allows for creating an electronic copy of public records. FACTS PRESENTED On February 17, 2006, Mr. Dahlen made two separate requests for e-m

OPEN RECORDS AND MEETINGS OPINION 2006-O-12 DATE ISSUED: July 25, 2006 ISSUED TO: Wayne Samdahl, Pembina County Sheriff CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mr. Ron Hunter asking whether Wayne Samdahl, the Pembina County sheriff, violated N.D.C.C. § 44-04-18 by failing to provide a copy of a transcript of calls made to the county 911 dispatch office and by failing to adequately describe valid legal authority for denying Mr. Hunter a copy of receipts for confiscated weapons. FACTS PRESENTED On Februar

LETTER OPINION 2006-L-21 July 24, 2006 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 the county landfill manager may also serve as a county commissioner. Based on the following analysis, it is my opinion that the incompatible office doctrine would prevent an individual from serving both as a county landfill manager and as a member of the county commission. ANALYSIS You indicate that an individual was appointed in 1995 by the county commission as a supervisor or manager for

OPEN RECORDS AND MEETINGS OPINION 2006-O-11 DATE ISSUED: July 7, 2006 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION On April 25, 2006, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Senators Joel Heitkamp and Michael Every asking whether the State Board of Higher Education (SBHE or Board) violated N.D.C.C. § 44-04-19 by holding meetings regarding the employment of Chancellor Potts. A request for an opinion based on allegations that a meeting occurred without the notice required by N.D.C.C. § 44-04-20 must

LETTER OPINION 2006-L-20 June 30, 2006 Mr. Russell Hons Chairman North Dakota Private Investigative and Security Board 513 E Bismarck Expy Ste 5 Bismarck, ND 58504 Dear Mr. Hons: Thank you for your letter asking whether a person licensed to provide private security services may review videotapes after the fact to determine what activity took place as shown on the tape without also having a license to provide private investigative services. It is my opinion that a private security service may not review videotapes after the fact to determine what activity took place if that activity constitute

LETTER OPINION 2006-L-19 June 16, 2006 The Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter asking whether Workforce Safety and Insurance (“WSI”) is required to provide all permanent employees the 4% across-the-board salary raises provided to permanent state employees during the 2005-07 biennium and whether those increases must be effective in August of 2005 and 2006. For the reasons stated below, it is my opinion that all permanent, non-probationary employees at WSI who otherwise do not have documen

OPEN RECORDS AND MEETINGS OPINION 2006-O-10 DATE ISSUED: June 7, 2006 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 properly post the notice of a meeting at the location of the meeting 1 and by failing to give him notice of a Board meeting. FACTS PRESENTED By letter dated December 28, 2005, Mr. Valentine requested the Board to notify him of meetings by

LETTER OPINION 2006-L-18 May 25, 2006 Mr. Richard Riha Burleigh County State’s Attorney 514 E Thayer Ave Bismarck, ND 58501-4413 Dear Mr. Riha: Thank you for your letter regarding the meaning of the word municipality as used in N.D.C.C. § 58-03-13, regarding township zoning. It is my opinion that the word municipality must be interpreted in relation to other state laws regarding township zoning, and it refers to incorporated cities. ANALYSIS Two provisions in N.D.C.C. § 58-03-13 address membership in township zoning commissions. A township zoning commis

OPEN RECORDS AND MEETINGS OPINION 2006-O-09 DATE ISSUED: May 15, 2006 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 Kyle Braaten asking whether the City of Grand Forks violated N.D.C.C. § 44-04-18 by failing to provide records he requested and N.D.C.C. § 44-04-20 by failing to properly notice a meeting of the City Council. FACTS PRESENTED On January 9, 2006, Mr. Braaten e-mailed a request for records to Grand Forks Mayor Michael Brown and the city attorney, Howard Swanson. He requested “documen

LETTER OPINION 2006-L-17 May 12, 2006 Mr. Charles J. Peterson Golden Valley County State’s Attorney PO Box 10 Beach, ND 58621-0010 Dear Mr. Peterson: Thank you for asking whether N.D.C.C. § 15.1-29-14(5) requires the Superintendent of Public Instruction (“Superintendent”) to not only withhold state aid payments from a school district that fails to pay tuition pursuant to N.D.C.C. § 15.1-29-14, but to also forward those withheld funds to the school district to which the tuition was supposed to be paid. Based on the following analysis, it is my opinion that the Superintendent is required to w

LETTER OPINION 2006-L-16 May 9, 2006 Mr. Stuart A. Larson Traill County State’s Attorney PO Box 847 Hillsboro, ND 58045-0845 Dear Mr. Larson: Thank you for your letter asking whether a county job development authority may take an equity position in a private company. For the reasons indicated below, it is my opinion that a county job development authority lacks express or implied statutory authority to take an equity position in a private company. ANALYSIS You indicate that a county job development authority (JDA) loaned money to a private company which is unable to pay off the loan. You as

OPEN RECORDS AND MEETINGS OPINION 2006-O-08 DATE ISSUED: May 4, 2006 ISSUED TO: North Dakota Stockmen’s Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Timothy Purdon, asking whether the North Dakota Stockmen’s Association violated N.D.C.C. § 44-04-18 by not providing copies of records within a reasonable time period. FACTS PRESENTED The North Dakota Stockmen’s Association (Association) is responsible for recording marks and brands on livestock. The Association’s chief brand inspector and its fi

OPEN RECORDS AND MEETINGS OPINION 2006-O-07 DATE ISSUED: May 1, 2006 ISSUED TO: Nome 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 Randy Peterson asking whether the Nome City Council (“Council”) violated N.D.C.C. § 44-04-20 by failing to give proper notice of its March and April 2006 Council meetings. FACTS PRESENTED The Council has prepared a schedule of its regular meetings for 2006. The schedule lists the date, time, and location of the meetings but does not include a list of topics expected

LETTER OPINION 2006-L-15 April 24, 2006 The Honorable Don Vigesaa State Representative PO Box 763 Cooperstown, ND 58425-0763 Dear Representative Vigesaa: Thank you for your letter asking whether the Department of Transportation (“DOT”) can require auto dealers to collect the state’s motor vehicle excise tax from members of Indian tribes. It is my opinion that DOT may not require auto dealers to collect the state’s motor vehicle excise tax from members of Indian tribes. ANALYSIS The motor vehicle excise tax is a 5% tax imposed on the purchase of motor vehicles. 1 The State Tax Commissioner

LETTER OPINION 2006-L-14 April 17, 2006 Ms. Sharon W. Martens Walsh County State’s Attorney 600 Cooper Avenue Grafton, ND 58237 Dear Ms. Martens: Thank you for asking whether a county may sell land it has acquired for nonpayment of taxes to a city without first offering the land for sale at the annual November tax sale. For the reasons discussed below, it is my opinion that a county may not sell land to a city without first offering the land for sale at the annual November sale. ANALYSIS Chapter 57-28, N.D.C.C., sets out the procedures that must be followed when a county disposes of propert

LETTER OPINION 2006-L-13 April 12, 2006 Mr. Richard E. Herr Wishek City Attorney PO Box 825 Wishek, ND 58495-0825 Dear Mr. Herr: Thank you for requesting my opinion on two issues relating to the state alcohol retail licensing laws. It is my opinion that N.D.C.C. § 5-02-03 limits the additional license fee Wishek can charge prospective licensees to sell alcohol on Sundays to five dollars for each Sunday the licensee proposes to sell alcoholic beverages. It is my further opinion that, upon proper application, a local governing body may issue a Sunday alcoholic beverage permit pursuant to N.

OPEN RECORDS AND MEETINGS OPINION 2006-O-06 DATE ISSUED: March 30, 2006 ISSUED TO: North Dakota Judicial Conference 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 Judicial Conference violated N.D.C.C. § 44-04-20 by failing to include the location of a meeting in the meeting notice. FACTS PRESENTED The North Dakota Judicial Conference met November 21 and 22, 2005 in Bismarck. The notice of the meeting was posted on the North Dakota Supreme Court website and stated

LETTER OPINION 2006-L-12 March 29, 2006 The Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505-0500 The Honorable Tim Mathern State Senate 429 16th Ave S Fargo, ND 58103-4329 Dear Secretary of State Jaeger and Senator Mathern: Thank you for your letter asking whether the prohibition on corporate campaign contributions contained in N.D.C.C. § 16.1-08.1-03.3(1)(c) applies to candidates for city and county elected offices. Based on the following, it is my opinion that the prohibition on corporate campaign contributions contained in N

LETTER OPINION 2006-L-11 March 27, 2006 Mr. Galen J. Mack Pierce County State’s Attorney PO Box 196 Rugby, ND 58368-0196 Dear Mr. Mack: Thank you for your letter asking whether, under the provisions of N.D. Const. art. VII, § 8, a candidate for election for sheriff must be a resident of the county at the time of the June primary election or the November general election. For the reasons indicated below, it is my opinion that a candidate for election for sheriff must be a resident of the county at the time of the November general election and not the June primary election. ANALYSIS Article V

LETTER OPINION 2006-L-10 March 22, 2006 The Honorable Joel C. Heitkamp State Senator 9457 West Ridge Road Hankinson, ND 58041-9514 Dear Senator Heitkamp: Thank you for your letter asking whether the Superintendent of Public Instruction may make payments to the Mantador Public School District (District) for the second and third years the district is nonoperational. You also asked whether the District has a right to receive payments under a law repealed by the 2005 Legislature because the District decided to become nonoperational based on the expectation it would receive payments for three ye

LETTER OPINION 2006-L-09 March 2, 2006 Mr. Ronald J. Weikum Grant County State’s Attorney PO Box 196 Carson, ND 58529-0196 Dear Mr. Weikum: Thank you for the letter asking whether real property owned by a city job development authority is exempt from property taxation under N.D.C.C. § 57-02-08(3) as property belonging to a political subdivision. For the reasons stated below, it is my opinion that real property owned by a city job development authority is exempt from property taxation under N.D.C.C. § 57-02-08(3) as property belonging to a political subdivision. ANALYSIS A city job development

OPEN RECORDS AND MEETINGS OPINION 2006-O-05 DATE ISSUED: February 28, 2006 ISSUED TO: North Dakota Firefighter’s Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Darrell Graf asking whether the North Dakota Firefighter’s Association (“Association”) violated N.D.C.C. § 44-04-20 by failing to give proper notice of the Association’s executive board meetings. FACTS PRESENTED The Association is a non-profit corporation. Its members consist of the various organized fire departments and fire protection

OPEN RECORDS AND MEETINGS OPINION 2006-O-04 DATE ISSUED: February 21, 2006 ISSUED TO: Bismarck-Mandan Orchestral Association CITIZEN’S REQUEST FOR OPINION On September 13, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Linda Olsrud asking whether the Bismarck-Mandan Orchestral Association (Association) was a public entity subject to the state’s open records and meetings laws and, if so, whether it violated those laws by holding “secret” meetings, by failing to provide records she had requested, and by failing to provide her with notice

LETTER OPINION 2006-L-08 February 17, 2006 The Honorable Kari L. Conrad House of Representative 224 8th St SE Minot, ND 58701-4038 Dear Representative Conrad: Thank you for your letter asking several questions relating to North Dakota State University’s demolition of a building at the North Central Research Extension Center (Center) near Minot that was formerly the Ward County Poor Farm. For the reasons explained below, it is my opinion that N.D.C.C. § 48-04-01 does not require a political subdivision to offer unused buildings to other political subdivisions before t

LETTER OPINION 2006-L-07 February 16, 2006 Mr. John P. Van Grinsven 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 and county may fund an agreement to provide joint library services by levying separate taxes with mill levies that are not equal in amount. You also asked whether a home rule county or city could increase the amount of its levy without a vote of the electors as required by N.D.C.C. § 40-38-02(4). For the reasons stated below, it is my opinion that a city and county may fund an agreement to pro

OPEN RECORDS AND MEETINGS OPINION 2006-O-03 DATE ISSUED: February 14, 2006 ISSUED TO: Red River Valley Fair Association CITIZEN’S REQUEST FOR OPINION On February 9, 2006, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from The Forum asking whether the Red River Valley Fair Association violated N.D.C.C. § 44-04-18 by failing to provide copies of applications for the fair manager position and N.D.C.C. § 44-04-19 by holding an unauthorized executive session to discuss the applications. FACTS PRESENTED The Forum asked the Red River Valley Fair Asso

LETTER OPINION 2006-L-06 February 9, 2006 The Honorable Randy Schobinger State Senate PO Box 1215 Minot, ND 58702-1215 Mr. Howard Swanson City Attorney City of Grand Forks PO Box 12909 Grand Forks, ND 58208-2909 Dear Senator Schobinger and Mr. Swanson: Thank you for your letters asking my opinion on several related issues involving statutes created and amended by S.B. 2300, which provide new restrictions on smoking in public places. 1 It is my opinion that smoking would be allowed in a separately enclosed bar area such as the one described in your letters; a municipality, regardless of its

OPEN RECORDS AND MEETINGS OPINION 2006-O-02 DATE ISSUED: February 2, 2006 ISSUED TO: Red River Valley Fair Association CITIZEN’S REQUEST FOR OPINION On December 15, 2005, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Matthew Von Pinnon, of The Forum asking whether the Red River Valley Fair Association violated N.D.C.C. § 44-04-19 by holding meetings that were not open to the public. On January 5, 2006, The Forum supplemented its request asking if the Fair Association violated the open meetings law on January 4, 2006. FACTS PRESENTED The president, vice p

LETTER OPINION 2006-L-05 February 1, 2006 The Honorable April Fairfield State Senator 312 South Main Eldridge, ND 58401-7427 Dear Senator Fairfield: Thank you for your letter asking whether the passage of 2005 House Bill 1228 altered the requirement in N.D.C.C. § 15.1-09-31 1 for a school board to publish an itemized list of obligations approved for payment, if so determined by the voters. For the reasons described below, it is my opinion that 2005 House Bill 1228 did not alter the requirement contained in N.D.C.C. § 15.1-09-31 for a school board to publish an itemized list of obligations

LETTER OPINION 2006-L-04 February 1, 2006 Mr. Howard D. Swanson Nelson County Special Assistant State’s Attorney PO Box 12909 Grand Forks, ND 58208-2909 Dear Mr. Swanson: Thank you for your letter asking whether the veterans’ preference provisions of N.D.C.C. § 37-19.1-02 apply to the temporary vacancy appointment of a state’s attorney under N.D.C.C. § 44-02-04. You also asked whether the county commission could leave the position vacant given that there will be an election in June 2006 or whether it could hold a special election to fill the position. For the reasons

LETTER OPINION 2006-L-03 January 25, 2006 The Honorable Ray Holmberg State Senate 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for your letter asking whether N.D.C.C. § 39-04-10.13 requires the director of the Department of Transportation (Department) to issue a uniquely designed license plate for each approved qualifying public and nonprofit organization, or whether a standard license plate with a symbol or design applied by means of a decal is sufficient. For the reasons explained below, it is my opinion that a standard license pl