North Dakota AG Opinions, 2016

OPEN RECORDS AND MEETINGS OPINION 2016-O-22 DATE ISSUED: December 14, 2016 ISSUED TO: Fargo 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 Dave Roepke, news director of The Forum, asking whether the Fargo City Commission violated N.D.C.C. § 44-04-19.2(2)(e) by taking final action in an executive session. FACTS PRESENTED The Fargo City Commission held a special meeting on June 1, 2016. 1 During the meeting, the Commission held an executive session to discuss the possible acquisition of a south Fargo prope

LETTER OPINION 2016-L-02 November 23, 2016 The Honorable Kelly Schmidt State Treasurer 600 E Boulevard Avenue Bismarck, ND 58505 Dear Ms. Schmidt: Thank you for your letter requesting my opinion on whether the North Dakota legacy fund (legacy fund) earnings accruing from its inception through June 30, 2017, may be expended by the Legislature with a simple majority vote. You indicate that while N.D. Const. art. X, § 26 clearly sets forth the treatment and spending limitations applicable to expenditures of principal and earnings of the legacy fund accruing subsequent to June 30, 2017

OPEN RECORDS AND MEETINGS OPINION 2016-O- 21 DATE ISSUED: September 23, 2016 ISSUED TO: South Heart 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 Troy Edin asking whether the South Heart City Council violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The South Heart City Council holds regular meetings on the first Monday of each month at 7:00 p.m., unless that day is a holiday, in which case the regular meeting is rescheduled to accommodate the Council’s schedules. 1

OPEN RECORDS AND MEETINGS OPINION 2016-O-20 DATE ISSUED: September 23, 2016 ISSUED TO: City of Cooperstown CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ron Dahl asking whether the City of Cooperstown violated N.D.C.C. § 44-04-18 by charging excessive fees for copies of requested records. FACTS PRESENTED On May 12, 2016, Ron Dahl sent an email to the auditor of the City of Cooperstown, explaining he was writing an article on Renaissance Zones in North Dakota and wanted to receive a copy “of all the meeting minutes” of t

OPEN RECORDS AND MEETINGS OPINION 2016-O-19 DATE ISSUED: September 23, 2016 ISSUED TO: Williston 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 Greg Hennessy asking whether Williston City Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by meeting without providing notice. FACTS PRESENTED On January 26, 2016, during a regular meeting, the Williston City Commission passed amendments to three ordinances affecting adult entertainment establishments and the sale of alcohol in such establishments

OPEN RECORDS AND MEETINGS OPINION 2016-0-18 DATE ISSUED: August 26, 2016 ISSUED TO: Center Township Board of Supervisors CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Delwayne Hoefs asking whether the Center Township Board of Supervisors violated N.D.C.C. § 44-04-20 by failing to provide proper notice for two meetings. FACTS PRESENTED The Center Township Board of Supervisors (Board) does not hold regular meetings but holds meetings as deemed appropriate and necessary.’ The Board held one such meeting on March 2, 2016.” Prior

OPEN RECORDS AND MEETINGS OPINION 2016-O-17 DATE ISSUED: August 11, 2016 ISSUED TO: Lidgerwood Rural District Ambulance Service Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Candee Werth asking whether the Lidgerwood Rural District Ambulance Service Board violated N.D.C.C. § 44-04-18 by unreasonably delaying access to requested records and N.D.C.C. § 44-04-20 by failing to properly post notice of meetings. FACTS PRESENTED The Lidgerwood Rural District Ambulance Service Board (Board) held

OPEN RECORDS AND MEETINGS OPINION 2016-O-16 DATE ISSUED: July 27, 2016 ISSUED TO: City of Bisbee CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Robert Fleming asking whether the City of Bisbee violated N.D.C.C. §§ 44-04-20 and 44-04-21 by failing to provide notice or take minutes of a special meeting. FACTS PRESENTED During its February 29, 2016, regular meeting, the Bisbee City Council (Council) voted to terminate the employment of a city maintenance worker. 1 The maintenance worker was not in attendance at the meeting,

OPEN RECORDS AND MEETINGS OPINION 2016-O-15 DATE ISSUED: July 27, 2016 ISSUED TO: Fargo Park District 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, news director for The Forum , asking whether the Fargo Park District's Board of Commissioners violated N.D.C.C. § 44-04-20 by failing to provide proper notice of selection committee meetings. FACTS PRESENTED On January 5, 2016, the Fargo Park District's (District) Board of Commissioners (Board) 1 issued a news release regarding a soon to

OPEN RECORDS AND MEETINGS OPINION 2016-O-14 DATE ISSUED: July 26, 2016 ISSUED TO: McKenzie County Ambulance Service Board of Directors CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Megan Brown asking whether the McKenzie County Ambulance Service Board of Directors violated N.D.C.C. § 44-04-20 by failing to properly post notice of a meeting. FACTS PRESENTED The McKenzie County Ambulance Service Board of Directors (Board) is comprised of seven members and holds meetings every month at the Good Shepard Nursing Home. 1 A sc

OPEN RECORDS AND MEETINGS OPINION 2016-O-13 DATE ISSUED: July 26, 2016 ISSUED TO: Griggs 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 Rob Port asking whether the Griggs County Commission violated N.D.C.C. § 44-04-19.2 by failing to follow proper procedure before proceeding into an executive session and holding an unauthorized executive session. FACTS PRESENTED The Griggs County Commission held a regular meeting on February 19, 2016. 1 During the meeting, the Commission held an executive session that

OPEN RECORDS AND MEETINGS OPINION 2016-O-12 DATE ISSUED: July 26, 2016 ISSUED TO: Sargent County Social Service Board CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Michael Geiermann, on behalf of Wendy Jacobson, asking whether the Sargent County Social Service Board violated N.D.C.C. § 44-04-19.2 by failing to properly convene in an executive session and holding unauthorized executive sessions. FACTS PRESENTED The Sargent County Social Service Board (Board) held a meeting on January 5, 2016. 1 The day before the meeting

LETTER OPINION 2016-L-01 July 26, 2016 The Honorable Ray Holmberg State Senator 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for asking whether the Circle of Friends Humane Society can require a vote of its patron members for an election of the organization’s Board of Directors by signed ballot, or whether such an action requires a recorded roll call vote. It is my opinion that North Dakota Century Code § 44-04-21(1), requiring a recorded roll call vote for any nonprocedural matters during a public meeting, is applicable only to a governing bo

OPEN RECORDS AND MEETINGS OPINION 2016-O-11 DATE ISSUED: June 29, 2016 ISSUED TO: Williston 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 Rob Port asking whether the Williston City Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding meetings that were not preceded by notice. FACTS PRESENTED On September 23, 2015, the Williston Herald featured an article on the Williston City Commission’s (Commission) discussion on sunsetting crew camps held during a regular Commission mee

OPEN RECORDS AND MEETINGS OPINION 2016-O-10 DATE ISSUED: May 4, 2016 ISSUED TO: 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 Timothy Carlson asking whether the North Dakota University System violated N.D.C.C. § 44-04-18 by failing to respond to a request for records within a reasonable time. 1 FACTS PRESENTED On December 7, 2015, Timothy Carlson, former Chief Auditor with the North Dakota University Systems (NDUS), sent the following records request via email to Rebecca

OPEN RECORDS AND MEETINGS OPINION 2016-O-09 DATE ISSUED: May 2, 2016 ISSUED TO: Kensal 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 Shane Ede asking whether the Kensal School Board violated N.D.C.C. § 44-04-20 by failing to notice committee meetings and N.D.C.C. § 44-04-21(2) by failing to take minutes of the committee meetings. FACTS PRESENTED The Kensal School Board (Board) has been exploring options for consolidating its school district with the neighboring school district of Midkota. 1 During a Board

OPEN RECORDS AND MEETINGS OPINION 2016-O-08 DATE ISSUED: April 25, 2016 ISSUED TO: City of Golva CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Volesky asking whether the City of Golva violated N.D.C.C. § 44-04-18 by unreasonably delaying access to public records. FACTS PRESENTED Richard Volesky sent an email to the City of Golva on December 10, 2015, asking for a copy of Golva’s 2 016 final budget and tax levy records. 1 Mr. Volesky sent a follow up request for these records by mail on December 14, 2015. 2 A

OPEN RECORDS AND MEETINGS OPINION 2016-O-07 DATE ISSUED: April 19, 2016 ISSUED TO: Flasher 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 Stewart Merritt asking whether the Flasher City Commission violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Flasher City Commission held a regular meeting on December 9, 2015. 1 A quorum of the Commission was not present so it was announced the meeting would be rescheduled for December 15, 2015. 2 Stewart Merrit

OPEN RECORDS AND MEETINGS OPINION 2016-O-06 DATE ISSUED: April 19, 2016 ISSUED TO: Southeast Senior Services Council, Inc., Wahpeton Harmony Senior Citizens Club, Inc., and Richland County Council on Aging, Inc. CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Bruce Eckre asking whether the Southeast Senior Services Council, Inc., Wahpeton Harmony Senior Citizens Club, Inc., and Richland County Council on Aging, Inc. violated N.D.C.C. §§ 44-04-20 and 44-04-21 by failing to properly notice mee

OPEN RECORDS AND MEETINGS OPINION 2016-O-05 DATE ISSUED: March 23, 2016 ISSUED TO: Washburn 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 Duane Bauer asking whether the Washburn City Commission violated N.D.C.C. § 44-04-20 by holding committee meetings without providing notice. FACTS PRESENTED At a special meeting of the Washburn City Commission (Commission) on August 31, 2015, a motion was passed to advertise for bids for the 2016 garbage contract for the City of Washburn residential and commercial garb

OPEN RECORDS AND MEETINGS OPINION 2016-O-04 DATE ISSUED: March 15, 2016 ISSUED TO: North Dakota Department of Health - State Health Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Don Morrison and Darrell Dorgan asking whether the State Health Council violated N.D.C.C. § 44-04-20 by failing to provide sufficient notice of a public meeting. FACTS PRESENTED The North Dakota Department of Health (DOH) – State Health Council (Health Council) held a meeting on August 11, 2015. 1 It was “around

OPEN RECORDS AND MEETINGS OPINION 2016-O-03 DATE ISSUED: January 25, 2016 ISSUED TO: North Dakota State University Alumni Association and 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 Matthew Von Pinnon, editor of The Forum, asking whether the North Dakota State University Alumni Association and Development Foundation violated N.D.C.C. § 44-04-18 by refusing to provide records in the possession of their agent. FACTS PRESENTED The North Dakota State University (NDSU) Alu

OPEN RECORDS AND MEETINGS OPINION 2016-O-02 DATE ISSUED: January 13, 2016 ISSUED TO: Langdon 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 Lori Peterson, publisher of Cavalier County Republican, asking whether the Langdon City Commission violated N.D.C.C. §§ 44-04-20 and 44-04-19.2 by failing to properly post notice and holding unauthorized executive sessions. FACTS PRESENTED The Langdon City Commission holds regular meetings on the second and fourth Monday of every month at 6:00 pm at City H

OPEN RECORDS AND MEETINGS OPINION 2016-O-01 DATE ISSUED: January 12, 2016 ISSUED TO: South Central Dakota Regional Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Chris Olson asking whether the Executive Board of the South Central Dakota Regional Council violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by failing to follow proper procedure before entering into executive sessions and by holding unauthorized executive sessions. FACTS PRESENTED The South Central Dakota Regional Counci