North Dakota AG Opinions, 2021

OPEN RECORDS AND MEETINGS SUMMARY OPINION 2021-O-11 DATE ISSUED: November 8, 2021 ISSUED TO: City of Oberon CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Corey Ploium asking whether the City of Oberon violated N.D.C.C. § 44-04-18 by failing to respond to a record request within a reasonable time. FACTS PRESENTED On March 22, Mr. Ploium contacted this office regarding a records request to the City of Oberon. He explained that he had requested meeting agendas, minutes, and bills for 2020 from the Oberon City Auditor on January 4,

LETTER OPINION 2021-L-02 November 3, 2021 Chancellor Mark Hagerott North Dakota University System 600 East Boulevard Ave., Dept. 215 Bismarck, ND 58505-0230 Dear Chancellor Hagerott: Thank you for your letter asking for clarification about the legality and the interpretation of Senate Bill 2030. You asked whether S.B. 2030 was unenforceable considering prior court decisions, whether it violated separation of powers, and whether it was unconstitutionally vague. Finally, you asked how the State Board of Higher Education (SBHE) and the institutions under its control should

OPEN RECORDS AND MEETINGS OPINION 2021-O-10 DATE ISSUED: September 23, 2021 ISSUED TO: Mandan 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 Mathias Gieser asking whether the Mandan Public School Board violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting. FACTS PRESENTED The Mandan Public School Board (School Board) held a special meeting at 5:30 P.M. in the Brave Center 1 on June 8, 2021. 2 The special meeting notice was e-mailed with an agenda at 4:05 p.m. on June 7, 2021, to t

OPEN RECORDS AND MEETINGS OPINION 2021-O-09 DATE ISSUED: September 3, 2021 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 Editor, NorthDecoder, asking whether the Office of the Governor violated N.D.C.C. § 44-04- 18 by failing to provide records within a reasonable time. FACTS PRESENTED On November 25, 2020, the Governor’s office received a request for records from Editor, NorthDecoder, (Editor) for [A]ll communications/correspondence between Doug Burgum and anybody in the Governor’s office and

OPEN RECORDS AND MEETINGS OPINION 2021 - O - 08 DATE ISSUED: August 26, 2021 ISSUED TO: City of Velva CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Terry Peterson asking whether the City of Velva violated N.D.C.C. 44-04-20 by failing to properly notice a special meeting. FACTS PRESENTED The Velva City Commission (City) held a special meeting at the Velva City Hall on April 15, 2021. 1 The agenda for the special meeting was posted on the front entrance door of City Hall at approximately 1:40 p.m. on

July 21, 2021 Rebecca Flanders Pembina County State’s Attorney 301 Dakota St. W., # 9 Cavalier, ND 58220 Dear Ms. Flanders: I received your request for an opinion asking whether N.D.A.G. 2002-L-31 and N.D.A.G. 2002-L-70 continue to be the opinion of this office; and what are the potential consequences for failure of a political subdivision to follow the reasonable legal advice of the officials who are charged with the responsibility of giving legal advice. This office does not typically issue opinions to merely reconfirm opinions previously issued. We will revisit opinions if sub

OPEN RECORDS AND MEETINGS OPINION 2021 - O - 07 DATE ISSUED: July 8, 2021 ISSUED TO: North Prairie Regional Water District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Crystal Hendrickson asking whether North Prairie Regional Water District (District) violated N.D.C.C. § 44-04-20 when the District improperly noticed a special meeting and failed to create meeting minutes consistent with N.D.C.C. § 44-04-21. FACTS PRESENTED On March 10, 2021, the District nominating committee held a speci

O PEN RECORDS AND MEETINGS OPINION 2021 - O - 06 DATE ISSUED: July 8, 2021 ISSUED TO: North Prairie Regional Water District CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Crystal Hendrickson asking whether North Prairie Regional Water District violated N.D.C.C. § 44-04-20 by discussing public business outside of a properly noticed meeting. FACTS PRESENTED The North Prairie Regional Water District (District) met for their regular monthly meeting on January 21, 2021. 1 Directors John Bearman, Wilbert Harsch, Blaine Kotase

LETTER OPINION 202 1 - L - 01 July 8, 2021 Mr. Lukas W Croaker Horace City Attorney P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Croaker: Thank you for requesting my opinion regarding whether a newspaper satisfies the requirement of an official newspaper under North Dakota law if that newspaper publishes its paper exclusively online and whether online publications of legal notices satisfy legal notice requirements for political subdivision notices. In my opinion, an online only publication does not meet the requirements of an official newspaper under North Dakota law. ANALYSIS Nor

OPEN RECORDS AND MEETINGS OPINION 2021-O-05 DATE ISSUED: May 13, 2021 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 Leif Snyder asking whether the City of Minot (City) violated N.D.C.C. § 44-04-18 by improperly denying a request for records. FACTS PRESENTED On October 15, 2020, Leif Snyder requested any investigation and/or interview notes, transcripts, audio or video recordings from any interviews of Tom Barry and or Shaun Sipma conducted by the Center for Mediation and Consultation during the p

OPEN RECORDS AND MEETINGS OPINION 202 1 - O - 04 DATE ISSUED: May 12, 2021 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 Terra Knipp asking whether the Surrey City Council (Council) violated N.D.C.C. § 44-04-20 by failing to adequately notice topics to be discussed at a special meeting. Ms. Knipp also alleges the Council violated N.D.C.C. § 44-04-20 by continuing to discuss public business after the Council adjourned its special October 27, 2020, meeting. FACTS PRESENTED The Co

OPEN RECORDS AND MEETINGS OPINION 2021-O-03 DATE ISSUED: May 12, 2021 ISSUED TO: Hope-Page Public School District #85 CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Elizabeth Jacobsen asking whether Hope-Page Public School District #85 School Board (School Board) violated N.D.C.C. § 44-04-20 by failing to properly notice meetings. FACTS PRESENTED The Finley-Sharon-Hope-Page Cooperative (Co-op) committee met on December 17, 2020. 1 Notice of the meeting was posted only on the front door of the Finley-Sharon Public Scho

OPEN RECORDS AND MEETINGS OPINION 2021-O-02 DATE ISSUED: April 16, 2021 ISSUED TO: City of Grand Forks CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Korrie Wenzel asking whether the City of Grand Forks violated N.D.C.C. § 44-04-19 by holding a meeting without notice. FACTS PRESENTED Grand Forks City Council member, Bret Weber, requested that Mayor Brandon Bochenski put together an “expert panel” in order to have a locally focused panel of experts to provide their expertise and knowledge on COVID-19 pandemic related concerns. We

OPEN RECORDS AND MEETINGS OPINION 202 1 - O - 01 DATE ISSUED: February 24, 2021 ISSUED TO: County of Steele CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lance Straabe asking whether the County of Steele violated N.D.C.C. § 44-04-19 by denying access to a public meeting. 1 FACTS PRESENTED The Steele County Commission (Commission) met in person at the Steele County Courthouse (Courthouse) for a special meeting on September 15, 2020. 2 To allow for social distancing, the meeting was held i