North Dakota AG Opinions, 2017

LETTER OPINION 2017-L-05 December 5, 2017 The Honorable Ryan Rauschenberger Tax Commissioner 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Rauschenberger: Thank you for your letter requesting an Attorney General’s opinion on whether a record retention requirement for sales and use tax imposed on a retailer under N.D.C.C. § 57-39.2-10 limits the Tax Commissioner’s authority to obtain records necessary to provide audits under N.D.C.C. § 57-39.2-15. For the following reasons, it is my opinion that N.D.C.C. § 57-39.2-10 provides a minimum time period of three years and three mon

OPEN RECORDS AND MEETINGS OPINION 20 1 7 - O - 10 DATE ISSUED: November 3, 2017 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 unreasonably delaying a response to a request for records . FACTS PRESENTED S. Paul Jordan sent a request to the City of Mandan , dated June 24, 2017, for “a copy of the applicable City records listing the annual salary of Kristin N. Haug, I reques

OPEN RECORDS AND MEETINGS OPINION 2017-O-09 DATE ISSUED: November 1, 2017 ISSUED TO: Office of Attorney General 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 Office of Attorney General violated N.D.C.C. § 44-04-18 by unreasonably delaying access to records. FACTS PRESENTED The Office of Attorney General received a request for records from S. Paul Jordan on September 18, 2017. 1 That same day, the Office of Attorney General responded by mailing requested records and directing Mr. Jordan

OPEN RECORDS AND MEETINGS OPINION 2017-O-08 DATE ISSUED: October 27, 2017 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 Paul Jurgens asking whether the Industrial Commission violated N.D.C.C. § 44-04-19 by holding a meeting that was not properly noticed. FACTS PRESENTED On August 9, 2017, Governor Doug Burgum hosted a roundtable discussion at 9:45 a.m. at North Dakota State University, regarding the Waters of the United States (WOTUS) rule and applicable federal regulations

October 3, 2017 The Honorable Doug Burgum Governor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Burgum: This letter is to address the issue that arose last week regarding whether it is legally permissible for Dakota Access Pipeline, LLC to donate money to the Bank of North Dakota directly to pay down loans incurred by the Adjutant General for law enforcement support costs related to the activity associated with the construction of the Dakota Access pipeline and to provide grants to counties that experienced an emergency related to protest activities. Dakota Access Pipeline, LLC i

OPEN RECORDS AND MEETINGS OPINION 2017-O-07 DATE ISSUED: August 25, 2017 ISSUED TO: University of North Dakota School of Law – Moot Court Association CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Christopher W. Nelson asking whether the University of North Dakota School of Law – Moot Court Association violated N.D.C.C. § 44-04-18 by denying a request for records. FACTS PRESENTED On April 2, 2017, Christopher Nelson sent a request for records relating to the 2017 University of North Dakota School of

OPEN RECORDS AND MEETINGS OPINION 2017-O-06 DATE ISSUED: August 23, 2017 ISSUED TO: Foster County Water Resource Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lukas W. Croaker asking whether the Foster County Water Resource Board violated N.D.C.C. § 44-04-18 by unreasonably delaying access to records. FACTS PRESENTED On April 6, 2017, Randal Hoverson sent a request to the Foster County Water Board (Board) for “minutes of any and all meetings that have been conducted by the Foster County Water Board where there has

OPEN RECORDS AND MEETINGS OPINION 20 1 7 - O - 05 DATE ISSUED: August 23, 2017 ISSUED TO: Morton County State’s Attorney ’s Office and 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 Benjamin M. Stoll asking whether the Morton County State’s Attorney’s Office and the Morton County Sheriff’ s Department violated N.D.C.C. § 44 - 04 - 18 by refusing to release records related to criminal investigations. FACTS PRESENTED On Febr

LETTER OPINION 2017-L-04 June 19, 2017 The Honorable Rich Wardner State Senate 1042 12th Ave W Dickinson, ND 58601-3654 The Honorable Al Carlson House of Representatives 2548 Rose Creek Parkway S Fargo, ND 58104-6699 Dear Senator Wardner and Representative Carlson: Thank you for your letter asking whether the Governor has authority to veto section 6 and portions of sentences in sections 18 and 39 of S.B. 2003, 2017 N.D. Leg., a portion of a sentence in section 12 of S.B. 2018, 2017 N.D. Leg., a portion of a sentence in section 5 of H.B. 1020, 2017 N.D. Leg., and section 12 of S.B.

OPEN RECORDS AND MEETINGS OPINION 2017-O-04 DATE ISSUED: May 12, 2017 ISSUED TO: Cass 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 Dave Roepke asking whether the Cass County Commission violated N.D.C.C. § 44-04-20 by failing to provide proper notice of meetings. FACTS PRESENTED During a special meeting on January 30, 2017, the Cass County Commission (Commission) voted to interview four individuals for the County Administrator position. 1 After the meeting, the Commission’s Chair,

OPEN RECORDS AND MEETINGS OPINION 2017-O-03 DATE ISSUED: May 12, 2017 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 Eric Arndt (KZZY Radio), Chuck Wickenhofer (Devils Lake Journal), and April Baumgarten (Grand Forks Herald) asking whether the Devils Lake City Commission violated N.D.C.C. § 44-04-19 by holding an unauthorized executive session. FACTS PRESENTED The Devils Lake City Commission (Commission) held a regular meeting on April 3, 2017. 1 During the meet

OPEN RECORDS AND MEETINGS OPINION 2017-O-02 DATE ISSUED: May 12, 2017 ISSUED TO: Glen Ullin 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 Kevin Kloosterman asking whether the Glen Ullin City Council violated N.D.C.C. §§ 44-04-19 and 44-04-20 by failing to notice a public meeting. FACTS PRESENTED The Glen Ullin City Council held a regular meeting on March 13, 2017. 1 During the meeting, the Council voted unanimously to rent a DuraPatcher for one month beginning May 1, 2017, with a rental purchas

LETTER OPINION 2017-L-03 May 12, 2017 Mr. Roger Kluck, President State Board of Registration for Professional Engineers and Land Surveyors PO Box 1357 Bismarck, ND 58502-1357 Dear Mr. Kluck: Thank you for your letter requesting an Attorney General’s opinion on whether N.D.C.C. § 43-19.1-30 makes it unlawful for a county recorder to file or record any map, plat, survey, or other document within the definition of land surveying, if the document does not include the personal signature and seal of a registered professional land surveyor who prepared it, even if the map, plat, survey, or o

LETTER OPINION 2017-L-02 May 5, 2017 Mr. Erik R. Johnson Fargo City Attorney 505 Broadway St N Ste 206 Fargo, ND 58102 Dear Mr. Johnson: Thank you for your April 11, 2017, letter requesting my opinion on a matter regarding the recall of elected officials of political subdivisions. ANALYSIS North Dakota Century Code § 44-08-21 sets forth the process to follow to recall elected officials of political subdivisions that are not subject to recall under Article III of the North Dakota Constitution. 1 Recall petitions must be filed with the relevant filing officer. 2 “Except as otherwise

OPEN RECORDS AND MEETINGS OPINION 2017-O-01 DATE ISSUED: March 10, 2017 ISSUED TO: University of North Dakota 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, editor of the Grand Forks Herald, asking whether the University of North Dakota violated N.D.C.C. § 44-04-18 by refusing to provide copies of requested records. FACTS PRESENTED On February 19, 2016, the University of North Dakota (UND) contracted with SME, Inc. (SME), to design “an original graphic identity to compliment UND’s Fightin

Opinion modified by subsequent amendment to N.D.C.C. § 40-63-01(2)(g). LETTER OPINION 2017-L-01 February 3, 2017 Mr. Richard J. Riha Burleigh County State’s Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter requesting my opinion whether the Department of Commerce’s program guidelines for the Renaissance Zone Program have the force and effect of law. For the following reasons, it is my opinion that the Renaissance Zone program guidelines issued by the Department of Commerce do not have the force and effect of law, and that the Department of Com