North Dakota AG Opinions, 2014

OPEN RECORDS AND MEETINGS OPINION 2014-O-24 DATE ISSUED: December 26, 2014 ISSUED TO: Bis-Man Transit CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from S. Paul Jordan asking whether the Bis-Man Transit violated N.D.C.C. § 44-04-18 by denying requests for records. FACTS PRESENTED Throughout the month of September, S. Paul Jordan sent numerous emails to Bis-Man Transit (BMT) Director Robin Werre requesting a variety of records relating to transit drivers and route schedules. Ms. Werre responded to Mr. Jordan by p

OPEN RECORDS AND MEETINGS OPINION 2014-O-23 DATE ISSUED: December 26, 2014 ISSUED TO: City of Wyndmere CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from James Riffel asking whether the City of Wyndmere violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting not preceded by public notice. FACTS PRESENTED The auditor of the City of Wyndmere was offered a job by the school district on October 7, 2014, and the school district wanted a response to the job offer by noon on October 8, 2014. 1 On the morn

OPEN RECORDS AND MEETINGS OPINION 2014-O-22 DATE ISSUED: November 26, 2014 ISSUED TO: Morton County Sheriff’s Department CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from S. Paul Jordan asking whether the Morton County Sheriff’s Department violated N.D.C.C. § 44-04-18 in its response to a records request. FACTS PRESENTED On August 29, 2014, S. Paul Jordan made a request to Sheriff Dave Shipman of the Morton County Sheriff’s Department for records regarding the reason a Morton County Sheriff’s deputy was at a

OPEN RECORDS AND MEETINGS OPINION 2014-O-21 DATE ISSUED: November 21, 2014 ISSUED TO: Mandan 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 S. Paul Jordan asking whether the Mandan Police Department violated N.D.C.C. § 44-04-18 by failing to produce a record within a reasonable time. FACTS PRESENTED On September 12, 2014, S. Paul Jordan emailed the Mandan Police Department’s (MPD) Chief of Police, Dennis Bullinger, requesting “a copy of the MPD records showing what actions the MPD h

OPEN RECORDS AND MEETINGS OPINION 2014-O-20 DATE ISSUED: November 21, 2014 ISSUED TO: Office of State Tax Commissioner CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Chad Nodland asking whether the Office of State Tax Commissioner provided proper responses to an open records request. FACTS PRESENTED On September 8, 2014, Mr. Chad Nodland, editor of NorthDecoder.com, sent an email to Joe Morrissette, Deputy Tax Commissioner, requesting "[a]ny records of communications to or from

OPEN RECORDS AND MEETINGS OPINION 2014-O-19 DATE ISSUED: November 21, 2014 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Rob Port asking whether the State Board of Higher Education violated N.D.C.C. § 44-04-19 by asking people to leave the room during an open meeting. FACTS PRESENTED The State Board of Higher Education (SBHE) held a retreat on July 30 and 31, 2014. 1 During the retreat, the SBHE met with a representative from the Association of Governing

OPEN RECORDS AND MEETINGS OPINION 2014-O-18 DATE ISSUED: November 5, 2014 ISSUED TO: City of Minot CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Colleen Auer asking whether the City of Minot violated N.D.C.C. § 44-04-18 by charging an excessive fee for copies of requested records. FACTS PRESENTED Ms. Colleen Auer requested numerous records from the City of Minot through several open record requests and asked for such records be provided “in electronic form where available.” 1 On July 17, 2014, after producing several r

OPEN RECORDS AND MEETINGS OPINION 2014-O-17 DATE ISSUED: November 5, 2014 ISSUED TO: City of Mandan CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from S. Paul Jordan asking whether the City of Mandan violated N.D.C.C. § 44-04-18 by charging an excessive fee for locating records in response to several requests. FACTS PRESENTED Mr. S. Paul Jordan sent numerous emails requesting records to the City of Mandan between July 9, 2014, and July 17, 2014. 1 On July 9, Mr. Jordan sent three emails to the City of Mandan requesting a co

LETTER OPINION 2014-L-15 November 3, 2014 The Honorable Marvin E. Nelson State Representative PO Box 577 Rolla, ND 58367-0577 Dear Representative Nelson: Thank you for your letter raising questions about the proper construction of Section 4 of House Bill 1016 passed in the 2013 legislative session, regarding a $1.5 million appropriation to the Housing Finance Agency to provide grants for flood-impacted housing assistance. You indicate that, based on some statements reflected in the legislative history, it has been questioned whether the funds appropriated unde

OPEN RECORDS AND MEETINGS OPINION 2014-O-16 DATE ISSUED: October 6, 2014 ISSUED TO: West Fargo 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 Dave Roepke asking whether the West Fargo Police Department violated N.D.C.C. § 44-04-18 when it withheld the identity of a victim whose death was being investigated. FACTS PRESENTED On July 11, 2014, the West Fargo Police Department (Department) issued a Press Release providing certain information about an incident involving the death of an infant that

OPEN RECORDS AND MEETINGS OPINION 2014-O-15 DATE ISSUED: September 30, 2014 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 Steve Wagner asking whether the Grand Forks Police Department violated N.D.C.C. § 44-04-18 by failing to release a transcript of an emergency service call. FACTS PRESENTED On June 25, 2014, Steve Wagner, editor of the Grand Forks Herald, requested “a copy of the transcript of any 911 calls related to the shooting incident” that occurred on June 24,

LETTER OPINION 2014-L-14 September 30, 2014 The Honorable Robert R. Peterson State Auditor State Capitol 600 E Boulevard Ave. Dep’t 117 Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter requesting my opinion on whether state agencies may expend the appropriation line item “Accrued leave payments” as it appears in section 14 of H.B. 1015 on salaries and wages, and whether a statement of intent in a Governor’s veto message establishes binding legal authority. Based on the following, it is my opinion that state agencies may expend the “Accrued leave payments” line item on salarie

OPEN RECORDS AND MEETINGS OPINION 2014-O-14 DATE ISSUED: September 22, 2014 ISSUED TO: Minot State University and North Dakota University Systems CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Chad Nodland asking whether Minot State University and the North Dakota University Systems violated N.D.C.C. § 44-04-18 by denying a request for records. FACTS PRESENTED On May 2, 2014, Mr. Chad Nodland, editor of NorthDecoder.com, sent an email to Alycia Huck, Minot State University (MSU) Director of Public Informatio

OPEN RECORDS AND MEETINGS OPINION 2014-O-13 DATE ISSUED: September 22, 2014 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Shireen Hoff asking whether the State Board of Higher Education violated open meeting laws by holding a meeting without posting sufficient public notice. FACTS PRESENTED On April 28 and 29, 2014, an Advisory Team appointed by the Higher Learning Commission (HLC) 1 conducted a series of interviews regarding institutional practices of th

LETTER OPINION 2014-L-13 September 11, 2014 Mr. Jacob T. Rodenbiker McKenzie County State’s Attorney 201 5th St NW Ste 550 Watford City, ND 58854-7129 Dear Mr. Rodenbiker: Thank you for your letter requesting my opinion regarding whether a county’s “control” of a dissolved city’s real property allows the county to sell the property. 1 For the reasons stated below, it is my opinion that the meaning of the word “control” is too ambiguous to conclude that it encompasses the sale and transfer of the real property of a city dissolved by petition. ANALYSIS You indicate that McKenzie County acquir

OPEN RECORDS AND MEETINGS OPINION 2014-O-12 DATE ISSUED: September 9, 2014 ISSUED TO: Mott-Regent 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 Dustin Gawrylow asking whether the Mott-Regent School Board violated N.D.C.C. § 44-04-19 by holding meetings by email. FACTS PRESENTED On May 20, 2014, the Mott-Regent School District held a special election to determine whether the school district could build a new school. Prior to the election, Dustin Gawrylow made open records requests to the Mott-Regent School Board (B

OPEN RECORDS AND MEETINGS OPINION 2014-O-11 DATE ISSUED: August 28, 2014 ISSUED TO: Churchs Ferry 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 Lorrie Sandberg asking whether the Churchs Ferry City Council violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting and by continuing to discuss public business after the meeting was adjourned. FACTS PRESENTED The Churchs Ferry City Council (Council) held a regularly scheduled meeting on July 14, 2014. 1 The notice of the meeting wa

OPEN RECORDS AND MEETINGS OPINION 2014-O-10 DATE ISSUED: August 22, 2014 ISSUED TO: North Dakota Department of Public Instruction CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Rob Port asking whether the North Dakota Department of Public Instruction provided proper responses to an open records request. FACTS PRESENTED On May 8, 2014, Rob Port sent emails to Kirsten Baesler, State Superintendent of the North Dakota Department of Public Instruction (DPI), and Dale Wetzel, DPI Information Communications & Research/Public Informat

OPEN RECORDS AND MEETINGS OPINION 2014-O-09 DATE ISSUED: August 8, 2014 ISSUED TO: Belfield 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 April Baumgarten and Richard Volesky asking whether the Belfield City Council violated N.D.C.C. § 44-04-19.2 by holding an executive session not authorized by law and by taking final action during an executive session. FACTS PRESENTED The Belfield City Council (Council) held a regular meeting on June 2, 2014. 1 During the meeting it was announced the Council would hold an exec

OPEN RECORDS AND MEETINGS OPINION 2014-O-08 DATE ISSUED: August 8, 2014 ISSUED TO: Crosby 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 Cecile Krimm asking whether the Crosby City Council violated N.D.C.C. § 44-04-19.2 by failing to follow the proper procedure for holding an executive session, holding an executive session not authorized by law, and by taking final action during an executive session. FACTS PRESENTED The City Council of Crosby (Council) held a regular meeting on June 2, 2014. 1 During the meeting,

OPEN RECORDS AND MEETINGS OPINION 2014-O-07 DATE ISSUED: July 28, 2014 ISSUED TO: North Dakota State University Development Foundation CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Rob Port asking whether the North Dakota State University Development Foundation violated N.D.C.C. § 44-04-18 by denying a request for expenditure records. FACTS PRESENTED On December 23, 2013, Mr. Port requested the following records from the North Dakota State University (NDSU) Development Foundation: 1. A[n] itemized copy of all payments to or

LETTER OPINION 2014-L-12 July 25, 2014 The Honorable Tim Mathern State Senator 429 16th Ave S Fargo, ND 58103-4329 Dear Senator Mathern: Thank you for your letter requesting an opinion regarding whether the Sanford Health Plan and the Blue Cross Blue Shield “metallic” plans 1 provide sufficient coverage of residential treatment programs for substance abuse under N.D.C.C. § 26.1-36-08 ( Group health policy and health service contract substance abuse coverage ) and N.D.C.C. § 26.1-36-08.1 ( Alternative group health policy and health service contract subst

OPEN RECORDS AND MEETINGS OPINION 2014-O-06 DATE ISSUED: July 14, 2014 ISSUED TO: North Dakota Industrial Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ryan Taylor asking whether the North Dakota Industrial Commission violated N.D.C.C. § 44-04-18 by unreasonably delaying access to records. FACTS PRESENTED On March 5, 2014, Dr. Ellen Chaffee, working as a volunteer for Mr. Ryan Taylor’s campaign for North Dakota Agriculture Commissioner, sent an email to the North Dakota Industrial Commission’s gene

LETTER OPINION 2014-L-11 July 11, 2014 The Honorable Jim Schmidt State Representative 5165 Highway 1806 Huff, ND 58554-8721 Dear Representative Schmidt: Thank you for your letter requesting my opinion regarding whether a Standing Rock Sioux Tribe resolution regarding Traditional Cultural Specialists applies to projects undertaken by non-members on fee land within the external boundaries of the Standing Rock Sioux Reservation. As explained below, the relationship between a tribe, non-members living on a reservation and the federal government can be complicated and confusing. Because of issue

LETTER OPINION 2014-L-10 July 11, 2014 Mr. Ladd R. Erickson McLean County State’s Attorney PO Box 1108 Washburn, ND 58577-1108 Dear Mr. Erickson: Thank you for your letter requesting my opinion regarding whether a school district may amend its budget property tax estimate after a statutory deadline prohibits it, even if that amendment is the result of a clerical or human error. ANALYSIS Section 57-15-31.1, N.D.C.C., which identifies the deadline for amending budgets and certifying taxes, provides: No taxing district may certify any taxes or amend its current budget and no county auditor may a

LETTER OPINION 2014-L-09 June 3, 2014 The Honorable Scott Louser State Representative 1718 Birch Pl SW Minot, ND 58701-7097 Dear Representative Louser: Thank you for your letter asking whether the North Dakota Land Board is authorized to use interest and principal of the common schools trust fund to finance capital projects through the use of loans or grants. You also ask whether the common schools trust fund revenues from royalties should be categorized as “income” instead of “principal.” ANALYSIS I. You ask about the Board of University and School Lands (Land Board) and whether it has eithe

LETTER OPINION 2014-L-08 May 28, 2014 Ms. Maggie D. Anderson Executive Director Department of Human Services 600 E Boulevard Ave. Dept. 325 Bismarck, ND 58505-0250 Dear Ms. Anderson: Thank you for your letter requesting my opinion whether a county state’s attorney is required to represent the county social service board, particularly in matters involving the county social service board’s statutory duties under N.D.C.C. §§ 27-20-30.1 concerning foster care case management and 50-01.2-03 concerning the general duties of a county social service board. For the reasons stated b

OPEN RECORDS AND MEETINGS OPINION 2014-O-05 DATE ISSUED: May 15, 2014 ISSUED TO: Devils Lake City Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from John Kuntz asking whether the Devils Lake City Commission violated the open meetings law by holding a meeting not open to the public. FACTS PRESENTED On February 18, 2014, the Devils Lake City Commission (Commission) held a regularly scheduled meeting, and as part of the meeting, discussed payment to John Kuntz for relocation expenses incurred as part of condemnation proceed

LETTER OPINION 2014-L-07 May 13, 2014 The Honorable Ray Holmberg State Senator 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for your letter asking whether the Grand Forks Public School District may contribute to its building fund both through a voter-approved building fund levy of ten mills, as well as from a partial allocation and transfer of mills from a voter-approved unlimited general fund mill levy. Based on the following, it is my opinion that the Grand Forks Public School District may contribute to its building fund both from a voter-approved ten-mi

OPEN RECORDS AND MEETINGS OPINION 2014-O-04 DATE ISSUED: April 24, 2014 ISSUED TO: Dickinson State University Foundation CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Katherine Lymn asking whether the Dickinson State University Foundation violated N.D.C.C. § 44-04-18 by failing to provide copies of requested records. FACTS PRESENTED On November 19, 2013, Ms. Katherine Lymn sent an email with an attached open records request to Mr. Kevin Thompson, CEO of the Dickinson State University (DSU) Foundation. 1

LETTER OPINION 2014-L-06 March 13, 2014 Mr. Howard D. Swanson Grand Forks City Attorney PO Box 12909 Grand Forks, ND 58208-2909 Mr. Peter Welte Grand Forks County State’s Attorney PO Box 5607 Grand Forks, ND 58206-5607 Dear Mr. Swanson and Mr. Welte: Thank you for your letters asking whether the city of Grand Forks may require a resident in the city’s extraterritorial zoning area to clean up accumulated junk, when such accumulation is not prohibited by the city’s zoning ordinances. For the following reasons, it is my opinion that the city of Grand Forks may not require

LETTER OPINION 2014-L-05 February 28, 2014 The Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue, Dept. 108 Bismarck, ND 58505 Dear Secretary of State Jaeger: Thank you for your letter about Senate Bill 2144 passed by the 63rd Legislative Assembly concerning the authority of professional corporations practicing architecture and landscape architecture to permit stock ownership by nonprofessional minority owners. You raise several specific questions relating to filing requirements involved in authorizing nonprofessional minority stock ownership in these

LETTER OPINION 2014-L-04 February 4, 2014 Mr. John T. Shockley Harwood City Attorney PO Box 458 West Fargo, ND 58078-0458 Dear Mr. Shockley: Thank you for your letter asking whether a city may use city residents, who are not sworn law enforcement officers, to issue citations for minor, non-criminal violations of city ordinances. For the reasons stated below it is my opinion that a city may use city residents, who are not law enforcement officers, to issue citations for minor, non-criminal violations of city ordinances. ANALYSIS You stated that the city of Harwood does not have enoug

OPEN RECORDS AND MEETINGS OPINION 2014-O-03 DATE ISSUED: February 3, 2014 ISSUED TO: Linton 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 Donavin L. Grenz asking whether the Linton City Council violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting. FACTS PRESENTED On November 13, 2013, the Linton City Council (Council) held a special meeting. The notice of the meeting provides: LINTON CITY COUNCIL SPECIAL MEETING WED., NOV. 13, 2013 5:00 PM AT THE CITY HALL 1 In addition to the notice, an

OPEN RECORDS AND MEETINGS OPINION 2014-O-02 DATE ISSUED: February 3, 2014 ISSUED TO: North Dakota Mill and Elevator Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lynn Herndon asking whether the North Dakota Mill and Elevator Association violated N.D.C.C. § 44-04-18 by denying a request for records. FACTS PRESENTED On September 10, 2013, Ms. Lynn Herndon, an attorney of the law firm Shook, Hardy, & Bacon, LLP, sent a letter to representatives of the North Dakota Mill and Elevator Association (the

LETTER OPINION 2014-L-03 February 3, 2014 The Honorable Ray Holmberg Legislative Assembly, District 17 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for your letter requesting my opinion on whether North Dakota law gives the North Dakota State Credit Union Board the power to authorize state chartered credit unions which are chartered outside of North Dakota the ability to establish branch offices in North Dakota, as a matter of reciprocity. It is my opinion that, in the absence of a state law to the contrary, the North Dakota State Credit Union Board may

OPEN RECORDS AND MEETINGS OPINION 2014-O-01 DATE ISSUED: January 14, 2014 ISSUED TO: Barnes County Municipal Airport Authority CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lori Jury asking whether the Barnes County Municipal Airport Authority violated N.D.C.C. § 44-04-20 by discussing a matter not specifically included on the agenda of a special meeting. FACTS PRESENTED The Barnes County Municipal Airport Authority (BCMAA) held a special meeting on October 11, 2013, to discuss the following posted agenda top

LETTER OPINION 2014-L-02 January 14, 2014 Ms. Rozanna C. Larson Ward County State’s Attorney PO Box 5005 Minot, ND 58702-5005 Dear Ms. Larson: Thank you for your letter requesting my opinion on implementing the provisions of H.B. 1263, 2013 N.D. Leg., relating to procedures and demerit points for driving without liability insurance. As you indicate, the 63rd Legislative Assembly made a number of changes to the law concerning the offense of driving without liability insurance. Foremost among the changes was to downgrade the offense from a class B misdemeanor to an infraction. In addition

LETTER OPINION 2014-L-01 January 14, 2014 Ms. Kirsten Baesler State Superintendent Department of Public Instruction 600 E Boulevard Ave Dept. 201 Bismarck, ND 58505 Dear Ms. Baesler: This office received a request for an opinion regarding the ability of home educated students to use the open enrollment process and participate in academic classes and extracurricular activities. For the reasons set forth below, it is my opinion that a home educated student may open enroll to a non-resident school district for the purpose of participating in academic courses. It is also my opinion that a home ed