North Dakota AG Opinions, 2019

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 19 DATE ISSUED: October 17, 2019 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Dr. Jake Schmitz asking whether the North Dakota Board of Chiropractic Examin ers violated N.D.C.C. § § 44 - 04 - 19.2 and 44 - 04 - 18 by holding improper executive sessions and withholding requested records . FACTS PRESENTED The North Dakota Board of Chiropractic Examiners held a regular meet ing on July 10,

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 18 DATE ISSUED: October 17 , 2019 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 Rob Port asking whether the City of Minot violated N.D.C.C. § 44 - 04 - 19 by holding c ouncil meetings outside of city limits . FACTS PRESENTED The Minot City Council held a special meeting, noticed as a n “executive retreat , ” on July 31 – August 1, 2019, in the City of Washburn, located approximately seventy miles sout

LETTER OPINION 2019 - L - 07 September 3, 2019 The Honorable Lawrence Klemin Speaker of the House State Representative District 47, 3929 Valley Drive Bismarck, ND 58503 - 1729 Dear Speaker Klemin : Thank you for your letter asking for clarification of the five - year residency requirement for nominees to the North Dakota State Board of Higher Education. You ask whether the five - year period must be satisfied by five “consecutive” yea rs immediately preceding appointment, or whether any cumulative five years of residency are sufficient so long as a

Mr. Erik Johnson Fargo City Attorney 505 Broadway St N Ste 206 Fargo, ND 58102-4489 Dear Mr. Johnson: LETTER OPINION 2019-L-06 August30,2019 Thank you for your letter inquiring as to whether the Fargo City Commission has the statutory authority to adopt a resolution to replace the existing five-member airport authority with the members of the City Commission. For the reasons indicated below, it is my opinion the Fargo City Commission may only exercise the powers of a municipal airport authority after payment of all debts and passage of a resolution disso

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 17 DATE ISSUED: August 14, 2019 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 Archie Ingersoll asking whether the Fargo Park District’s Board of Commissioners violated N.D.C.C. § 44 - 04 - 20 by failing to adequately notice topics to be discussed at a special meeting . FACTS PRESENTED The Fargo Park District’s Board of Commissioners held a special meeting on July 2, 2019. 1 The notice only listed one

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 16 DATE ISSUED: July 19, 2019 ISSUED TO: City of Surrey CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Jenny Johns asking whether the City of Surrey violated N.D.C.C. § 44 - 04 - 20 by failing to post notice of committee meetings . FACTS PRESENTED The Surrey City Council is comp ri sed of seven members and holds regular meetings on the first Monday of each month. 1 At a meeting on February 4, 2019, the Surrey City Council appointed three

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 15 DATE ISSUED: July 19, 2019 ISSUED TO: Belcourt School District #7 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Khara Laducer asking whether the Belcourt School District #7 violated N.D.C.C. § 44 - 04 - 18 by failing to provide copies of records within a reasonable time . FACTS PRESENTED On March 31, 2019, Ms. Khara Laducer made an open records request via email to the Belcourt School District #7 asking for “ the recorded audio files from all BS

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2019 - O - 14 DATE ISSUED: July 18, 2019 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 respond to a record request within a reasonable time . FACTS PRESENTED S. Paul Jordan sent a letter to the Mandan Police Department , dated April 27, 2019, asking for records id entifying which police officer was assi

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 13 DATE ISSUED: July 18, 2019 ISSUED TO: Dickinson Public School District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Riley Kuntz asking whether the Dickinson Public School District ’s response to an open rec ords request violated N.D.C.C. § 44 - 04 - 18 . FACTS PRESENTED On April 19, 2019, Riley Kuntz made an open records request to Dickinson Superintendent Shon Hocker, asking for various re cords regarding

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 12 DATE ISSUED: July 2, 2019 ISSUED TO: Linton Industrial Development Corporation CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Clarence Herz asking whether the Linton Industrial Development Corporation violated N.D.C.C. § § 44 - 04 - 20 and 44 - 04 - 19.2 by holding meetings without proper notice and holding an improper executive session . FACTS PRESENTED The Linton Industrial Development Corporation (LIDC) has act ed a

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 11 DATE ISSUED: July 2, 2019 ISSUED TO: Belcourt School District #7 Board of Education CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Chris Cerney asking whether the Belcourt School District #7 Board of Education violated N.D.C.C. § 44 - 04 - 20 by failing to provide notice of meetings . FACTS PRESENTED The Belcourt School District Board of Education considered a superintendent evaluation report at a special meeting on March 12, 20

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 10 DATE ISSUED: July 1, 2019 ISSUED TO: Beulah Public School CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Bruce W. Neuberger asking whether the Beulah Public School violated N.D.C.C. § 44 - 04 - 20 by failing to provide notice of meetings . FACTS PRESENTED The Beulah Board of Education consists of seven members and holds regular meetings on the second Thursday of every month. 1 Be ulah Public School received its 2017 - 2018 audit from

LETTER OPINION 2019 - L - 05 June 28, 2019 The Honorable Joshua Gallion State Auditor 600 East Boulevard Avenue Bismarck, North Dakota 58505 Dear Mr. Gallion : Thank you for your letter inquiring as to t he constitutionality of amendments contained in section 3 of Senate Bill 2004 passed by the 66 th Legislative Assembly. For the reasons indicated below, it is my opinion that if a court were to rule on this m atter , it is likely that it would determine that the amendments contained in subsections 2 and 4 of section 3 of S .B. 2004 are unconstitutional as a vi

LETTER OPINION 2019 - L - 04 June 26, 2019 Mr. Timothy R. Timian Chair Real Estate Appraiser Qualifications and Ethics Board PO Box 1336 Bismarck, ND 58502 - 1336 Dear Mr. Timian : Thank you for your letter asking whether a permit is required under N.D.C.C. § 43 - 23.3 - 04 to perform real estate appraisals in the state of North Dakota. For the reasons stated below, it is my opinion that a permit is required to perform real estate apprai sals in the state of North Dakota. ANALYSIS There are several types of appraiser permits issued pursuant to N.D.C.C. ch . 43 - 23.3,

OPEN RECORDS AND MEETINGS OPINION 2019-O-09 DATE ISSUED: May 24, 2019 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 Senator Merrill Piepkorn asking whether the North Dakota Industrial Commission violated N.D.C.C. § 44-04-18 by failing to provide copies of public records and by failing to respond to a request within a reasonable time. FACTS PRESENTED Senator Merrill Piepkorn, personally and through Legislative Council, made several requests for information an

LETTER OPINION 2019 - L - 03 May 14 , 2019 Mr. Erich M. Grant McGee, Hankla, & Backes Attorneys for the City of Berthold PO Box 998 Minot, ND 58702 - 0998 Dear Mr. Grant : Thank you for your question regarding the city of Berthold’s home rule charter provision that allows the city to “ define offenses against private persons and property and the public heal th, safety, morals, and welfare and provide penalties … thereof . ” Specifically, you ask whether this provis ion provides authority for the city to enact ordinances similar or identical to the cor

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 08 DATE ISSUED: May 13, 2019 ISSUED TO: City of Napoleon CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Paul Hamers asking whether the City of Napoleon violated N.D.C.C. § 44 - 04 - 20 by failing to notice meetings . FACTS PRESENTED The Napoleon City Council is composed of six council members and a mayor. It holds regular meetings on the first Monday of each month. 1 During a meeting on December 4, 2018, the chief of

OPEN RECORDS AND MEETINGS OPINION 2019-O-07 DATE ISSUED: May 3, 2019 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 Karen Jordan asking whether the City of Mandan violated N.D.C.C. § 44-04-18 by failing to respond to a request for records within a reasonable time. FACTS PRESENTED The City of Mandan provided a copy of a complaint regarding overhanging branches/limbs to Ms. Karen Jordan on January 14, 2019. 1 Ms. Jordan sent an email to the City of Mandan on January 23, 2019

OPEN RECORDS AND MEETINGS OPINION 2019 - O - 06 DATE ISSUED: April 16, 2019 ISSUED TO: North Dakota Highway Patrol , Cass County Sheriff’s Office, Bismarck Police Department, and 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 Benjamin Stoll asking whether the North Dakota Highway Patrol , Cass County Sheriff’s Office, Bismarck Police Department, and Mandan Police Department violated N.D.C.C. § 44 - 04 - 18 by denying requests for records

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2019-O-05 DATE ISSUED: April 12, 2019 ISSUED TO: Crystal Lake 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 Kyra Hill asking whether the Crystal Lake Township Board of Supervisors violated N.D.C.C. § 44-04-20 by failing to post notice of a meeting. FACTS PRESENTED The Crystal Lake Township Board of Supervisors held a special meeting on March 1, 2019, in preparation of their upcoming annual meeting. ISSUE Whether the Crystal Lake Township Board of S

OPEN RECORDS AND MEETINGS SUMMARY OPINION 201 9 - O - 04 DATE ISSUED: April 12, 2019 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 failing to respond to a record request . FACTS PRESENTED On October 23, 2018, Mr. S. Paul Jordan alleges he sent an email to Mandan City Commissioner Mike Braun ’s personal email account requesting a “copy of five recent emails you

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2019 - O - 03 DATE ISSUED: April 11, 2019 ISSUED TO: City of Arnegard CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Chief of Police Troy White Owl asking whether the City of Arnegard violated N.D.C.C. § 44 - 04 - 20 by failing to notice committee meetings . FACTS PRESENTED On October 16, 2018, the City Council of Arnegard formed an employee committee to assess and report on the City’s personnel policies and employee condu

OPEN RECORDS AND MEETINGS OPINION 201 9 - O - 02 DATE ISSUED: April 11, 2019 ISSUED TO: City of Dickinson CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44 - 04 - 21.1 from Nick Thornton asking whether the City of Dickinson violated N.D.C.C. § 44 - 04 - 18 by failing to respond to a records request within a reasonable time . FACTS PRESENTED On September 20, 2018, Mr. Thornton sent a records request for the personnel file of a police officer to the Dickinson Police Department’s Records Supervisor. 1

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL STATE CAPITOL 600 E BOULEVARD AVE DEPT 125 BISMARCK, ND 58505-0040 (701) 328-2210 — FAX (701) 328-2226 www.ag.nd.gov Wayne Stenehjem ATTORNEY GENERAL MEMORANDUM - OPINION TO: Lawrence Klemin, Speaker of the House 1 {il FROM: Wayne Stenehjem, Attorney General MD Ny Mf RE: Senate Bill No. 2140 DATE: April 10, 2019 Thank you for your question asking whether the two-third vote requirement contained in Article Ill, § 8 of the North Dakota Constitution, applies to Section One of Engrossed S.B. 2140, 2019 N.D. Leg. For the following reasons, it is m

OPEN RECORDS AND MEETINGS OPINION 2019-O-01 DATE ISSUED: April 4, 2019 ISSUED TO: North Dakota Forensic Examiner’s Office and the University of North Dakota School of Medicine and Health Sciences CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from The Bismarck Tribune asking whether the North Dakota Forensic Examiner’s Office and the University of North Dakota School of Medicine and Health Sciences and violated N.D.C.C. § 44-04-18 by failing to provide requested records. FACTS PRESENTED The Bismarck Tribune made two

LETTER OPINION 2019 - L - 02 March 18 , 2019 The Honorable Chet Pollert House of Representatives 151 Crossroads Estates Dr Carrington, ND 58421 Dear Representative Pollert : Thank you for your letter asking whether bonds which are payable from appropriations made by the Legislative Assembly each session implicate the debt limitations in Section 13 of Article X of the Constitution of North Dakota. For the reasons indicated bel ow, i t is my opinion that bonds payable from appropriations made by the Legislative Assembly each session do not violate the state constitutional d

LETTER OPINION 201 9 - L - 01 March 1, 2019 Mr. Kyle Wanner Executive Director North Dakota Aeronautics Commission 2301 University Drive Bldg 22 Bismarck, ND 58504 - 7595 Dear Mr. Wanner : Thank you for your letter requesting my opinion regarding the correct application of the aircraft excise tax as per N.D.C.C. § 57 - 40.5 - 02. For the following reasons, it is my opin ion payment of the aircraft excise tax is a condition of registration and must be paid, or a statutory exemption must be met, prior to the issuance of an aircraft registration certific