North Dakota AG Opinions, 2018

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2018 - O - 2 6 DATE ISSUED: December 10, 2018 ISSUED TO: Bismarck - Mandan Mayor s ’ Committee for People with Disabilities 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 Bismarck - Mandan Mayors ’ Committee for People with Disabilities violated N.D.C.C. § 44 - 04 - 20(3) by failing to provide personal notice of upcoming meetings . FACTS PRESENTED The Bismarck - Mandan Mayors’ Committee for People wi

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2018 - O - 2 5 DATE ISSUED: December 10, 2018 ISSUED TO: Morton - Mandan Public Library Board 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 Morton - Mandan Public Library Board of Trustees violated N.D.C.C. § 44 - 04 - 20(5) by failing to provi de personal notice of upcoming meetings . FACTS PRESENTED The Morton Mandan Public Library Board of Trustees held several meetings the past year. 1 Individuals wh

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2018 - O - 2 4 DATE ISSUED: December 10, 2018 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 City of Mandan violated N.D.C.C. § 44 - 04 - 18 by failing to respond to a record request . FACTS PRESENTED Mr. S. Paul Jordan sent a letter to the City of Mandan’s Engineering and Planning Director on September 1, 2018, requesting a color copy of a previously disclosed record. 1 Mr. Jordan di

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 2 3 DATE ISSUED: December 10, 2018 ISSUED TO: Dakota Center for Independent Living 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 Dakota Center for Independent Living violated N.D.C.C. § 44 - 04 - 18 by failing to properly respond t o a records request within a reasonable time . FACTS PRESENTED On September 17, 2018, Mr. S. Paul Jordan sent a letter to the Dakota Center for Independent Living (DCIL) outlinin

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2018 - O - 22 DATE ISSUED: December 10, 2018 ISSUED TO: Morton - Mandan Public Library Board 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 - Mandan Public Library Board violated N.D.C.C. § 44 - 04 - 18 by unreasonably delaying access to records . FACTS PRESENTED On May 29, 2018, S. Paul Jordan sent a letter to the Morton Mandan Public Library Board of Trustees requesting several records, including :

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 21 DATE ISSUED: December 10, 2018 ISSUED TO: Office of the Governor 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 Governor’s Office violated N.D.C.C. § 44 - 04 - 18 by failing to provide records within a reasonab le time . FACTS PRESENTED S. Paul Jordan emailed the Governor’s Office on May 4, 2018, attaching several letters and requesting : “Since you or your office must ha ve exchanged communications by email with

OPEN RECORDS AND MEETINGS OPINION 2018-O-20 DATE ISSUED: December 10, 2018 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 Archie Ingersoll asking whether the Cass County Commissioners violated N.D.C.C. § 44-04-19 during its trip to Washington, D.C., to attend the White House Leadership Conference. FACTS PRESENTED The Cass County Commissioners, along with other county officials from North Dakota, South Dakota, and Wyoming, were invited to attend the White House State Leadership Conference

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 19 DATE ISSUED: November 14, 2018 ISSUED TO: TGU School District #60 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Jessica and Jeff Kuntz asking whether TGU School District #60 1 violated N.D.C .C. § 44 - 04 - 20 by failing to post notice of meetings . FACTS PRESENTED On October 17, 2017, the TGU School Board - District #60, created a Community Committee to “provide input f r om the community on building issues faced by the district, and

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2018 - O - 18 DATE ISSUED: October 11, 2018 ISSUED TO: City of Mylo CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Crystal Martodam asking whether City of Mylo violated N.D.C.C. § 44 - 04 - 20 by failing to post notice of meetings . FACTS PRESENTED Crystal Martodam alleges the City of Mylo held meetings without providing public notice. ISSUE Whether the City of Mylo violated N.D.C.C. § 44 - 04 - 20 by failing to notice meetings. ANALYS I S Unl

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 17 DATE ISSUED: October 11, 2018 ISSUED TO: Divide County Ambulance Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Ken Rensch asking whether the Divide County Ambulance Board violated N.D.C.C. § 44 - 04 - 2 0 by holding meetings without public notice . FACTS PRESENTED The Divide County Ambulance District (DCAD) Board of Directors held its annual meeting on March 28, 2018. 1 An announcement was made at the end of the a

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 16 DATE ISSUED: October 11, 2018 ISSUED TO: Williston Public School Board District #1 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Lanny Gabbert asking whether Williston Public School Board District #1 violated N.D.C.C. § 44 - 04 - 19 by holding an unauthorized executive session . FACTS PRESENTED The Board of the Williston Public School District #1 held a special meeting on May 21, 2018, and entered into an executive session

LETTER OPINION 20 1 8 - L - 04 August 7, 2018 Mr. Eliot Glassheim 619 3rd St Grand Forks, ND 58203 - 3203 Dear Mr. Glassheim : Thank you for your questions about whether the city of Grand Forks may ban the gathering of petitions from inside the Alerus Center, a venue owned by the city. Specifically, you ask whether the 100 foot buffer zone provided in N.D.C.C. § 16.1 - 10 - 06.2 is t o be measured from the entrance to the room in which voting is taking place or from the entrance to the building . Finally, you ask whether there is a right

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2018 - O - 15 DATE ISSUED: July 19, 2018 ISSUED TO: McKenzie Township CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Dominick Johnson and Fred Johnson asking whether McKenzie Township violated N.D.C.C. § 44 - 04 - 20 by holding a special meeting without providing notice . FACTS PRESENTED The McKenzie Township Board of Supervisor s held a special meeting on May 31 , 2018 . 1 During the meeting, the Board passed Truck Route

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 14 DATE ISSUED: July 19, 2018 ISSUED TO: City of Lincoln CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Lance Hagen asking whether the Lincoln City Council violated N.D.C.C. § 44 - 04 - 19.2 by taking "final action" during executive sessions . FACTS PRESENTED The Lincoln City Council held special meetings on March 6 and April 11, 2018 . At each meeting, t he City Council held executive session s for attorney consult

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 13 DATE ISSUED: July 16, 2018 ISSUED TO: City of Sentinel Butte 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 Sentinel Butte violated N.D.C.C. § 44 - 04 - 18 by failing to provide a response to a request for records . FACTS PRESENTED On April 12, 2018, Richard Volesky, ed itor of Golden Valley News , emailed the city auditor of Sentinel Butte requesting “a copy of the election announcement ad that wa

LETTER OPINION 20 1 8 - L - 03 July 16, 2018 Mr. Jay Schuler Commissioner of Commerce North Dakota Department of Commerce PO Box 2057 Bismarck, ND 58502 - 2057 Dear Commissioner Schuler : Thank you for your letter asking whether a city may be approved for a new or reestablished Renaissance Zone after a prior Renaissance Zone in that city has expired. For the following reasons, it is my opinion that a new or reestablished Renaissance Zone m ay not be approved in a city after a prior Renaissance Zone in that city has expired. ANALYSIS The R

OPEN RECORDS AND MEETINGS OPINION 2018-0-12 DATE ISSUED: July 2, 2018 ISSUED TO: Kenmare Public 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 Donna Schmit asking whether Kenmare Public School Board violated N.D.C.C. § 44-04-20 by holding meetings without providing notice. FACTS PRESENTED The Kenmare Public School Board (School Board) held a special meeting on February 27, 2018, regarding the resignation of its superintendent.' School Board members were notified of the meeting date and time through a group text.2 Ms

OPEN RECORDS AND MEETINGS OPINION 2018-0-11 DATE ISSUED: July 2, 2018 ISSUED TO: Bismarck-Mandan Mayors’ Committee for People with Disabilities 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 Bismarck-Mandan Mayor's Committee for People with Disabilities violated N.D.C.C. § 44-04-20 by failing to post notice of a meeting. FACTS PRESENTED The Bismarck-Mandan Mayors’ Committee for People with Disabilities (Committee) holds regular meetings on the second Tuesday in January, May, and September.’ The Comm

LETTER OPINION 2018 - L - 02 June 14, 2018 Mr. Joshua Gallion State Auditor 600 E Boulevard Ave Bismarck, ND 58505 Dear Mr. Gallion : Thank you for your office’s opinion request asking whether legi s lative approval is needed for u niversity s ystem capital projects that are fully or partially funded by local funds. For the following reasons, it is my opinion that legislative approval or appropriation is not needed for higher education capital projects that are fully funded by local funds. It is my further opinion that, whether legislative approval is needed bef

OPEN RECORDS AND MEETINGS OPINION 2018-O-10 DATE ISSUED: May 17, 2018 ISSUED TO: Wildrose 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 Patricia Potteiger asking whether the Wildrose City Council violated N.D.C.C. § 44-04-20 by holding meetings without providing notice and by failing to create meeting minutes consistent with N.D.C.C. § 44-04-21. FACTS PRESENTED Ms. Patricia Potteiger alleges that the Wildrose City Council continually holds meetings, both in person and by text message, without providing publi

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 09 DATE ISSUED: May 17, 2018 ISSUED TO: New Rockford - Sheyenne Public 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 Sheri Anderson asking whether the New Rockford - Sheyenne Public School Board violated N.D.C.C. § 44 - 04 - 20 for failing to prope rly post notice of committee meetings . FACTS PRESENTED The New Rockford - Sheyenne Public School Board has a standing Building Committee, which is “ formed to prioritize

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 08 DATE ISSUED: May 17, 2018 ISSUED TO: West Fargo 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 The Fargo Forum asking whether the West Fargo School Board violated N.D.C.C. § 44 - 04 - 19 by holding an unauthorized executive session . FACTS PRESE NTED The West Fargo School Board held a regular meeting on January 8, 2018. 1 After the regular meeting, the Board held what it considered to be a separate, special meeting

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 07 DATE ISSUED: May 17, 2018 ISSUED TO: Beulah 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 Jerald Isaak asking whether the Beulah School Board violated N.D.C.C. § 44 - 04 - 20 by failing to properly n otice a committee meeting . FACTS PRESENTED The Personnel, Evaluation & Policy Committee, a committee of the Beulah School Board, held a meeting on February 13, 2018, at 5:30 p.m. 1 The School Board generally holds its meetings in

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LETTER OPINION 2018-L-01 April 3, 2018 Ms. Mylynn Tufte State Health Officer North Dakota Department of Health 600 East Boulevard Avenue, Dept. 301 Bismarck, ND 58505-0200 Dear Ms. Tufte: Thank you for your letter asking whether corporations or limited liability companies that apply with the Department of Health to obtain a license to produce and process medical marijuana must comply with North Dakota's corporate farming law. In 2017, the 65th Legislative Assembly enacted Senate Bill 2344, which authorized the establishment and implementation of a medical marijuana program.' Pursuant to

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 06 DATE ISSUED: March 20 , 2018 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 discussing items of public business not listed on the notice. FACTS PRESENTED On November 29, 2017, the night before a regular meeting, the State Board of Higher Education (SBHE) held a social event at Bismarck State College (BSC). 1 The SBHE does no

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 05 DATE ISSUED: March 7, 2018 ISSUED TO: Lincoln 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 KXMB TV, The Bismarck Tribune , and Michael Geiermann asking whether the Lincoln City Council violated N.D.C.C. § § 44 - 04 - 19, 44 - 04 - 19.2, and 44 - 04 - 20 by failing to properly notice and proceed into an executive session and holding an unauthorized executive session . FACTS PRESENTED The Lincoln City Council held a specia

OPEN RECORDS AND MEETINGS OPINION 2018-0-04 DATE ISSUED: February 16, 2018 ISSUED TO: Wildrose 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 Wehrman from The Tioga Tribune asking whether the Wildrose City Council violated N.D.C.C. § 44-04-20 by holding a special meeting not preceded by sufficient notice. FACTS PRESENTED On January 10, 2018, the Wildrose City Council held a special meeting.’ Notice of the meeting date, time, and location was posted at the Wildrose Post Office and gas station.” The notice did

OPEN RECORDS AND MEETINGS OPINION 2018-O-03 DATE ISSUED: February 9, 2018 ISSUED TO: City of Bismarck CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jeremy Kutner, on behalf of The Intercept, asking whether the City of Bismarck violated N.D.C.C. § 44-04-18 by refusing to release active criminal investigative and intelligence information. Mr. Kutner also asks whether the initial estimate of costs violated N.D.C.C. § 44-04-18. FACTS PRESENTED On July 7, 2017, Will Parrish, a reporter for The Intercept,

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 02 DATE ISSUED: February 9, 2018 ISSUED TO: Mandan Progress Organization 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 Progress Organization violated N.D.C.C. § 44 - 04 - 18 with its estimate of charges associated with a records request . FACTS PRESENTED On December 21, 2017, S. Paul Jordan requested , from the Man dan Progress Organization (MPO) , “ the necessary financial records th

OPEN RECORDS AND MEETINGS OPINION 2018 - O - 01 DATE ISSUED: January 30, 2018 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 by charging excessive fees for records . FACTS PRESENTED On November 7, 2017, Mr. S. Paul Jordan sent a request for records to Sheriff Kyle Kir chmeier , Morton County Sheriff’s Department , asking for certa