North Dakota AG Opinions, 2022

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL www.attorneygeneral. nd. gov (701) 328-2210 LETTER OPINION 2022-L-05 Mr. Birch Burdick Cass County State's Attorney P. 0. Box 2806 Fargo, ND 58108-2806 burdickb@casscountynd.gov Dear Mr. Burdick: Thank you for your letter requesting an opinion on whether North Dakota law allows proof of citizenship as a condition for voting in North Dakota elections. Your inquiry arose in the context of individuals seeking to vote and asserting their citizenship of the United States despite their identification indi

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-15 DATE ISSUED: October 17, 2022 ISSUED TO: Pelican Township CITIZEN’S REQUEST FOR OPINION Tyler J. Leverington requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether Pelican Township violated N.D.C.C. § 44-04-18 by denying a request for records.! FACTS PRESENTED Grand Prairie Agriculture, LLP (Grand Prairie) submitted a petition for approval of a proposed animal feeding operation to Pelican Townsh

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-14 DATE ISSUED: October 17, 2022 ISSUED TO: Butte Township Board of Supervisors CITIZEN’S REQUEST FOR OPINION Scott Howe requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether the Butte Township Board of Supervisors violated N.D.C.C. § 44-04-20 by failing to properly notice special meetings. FACTS PRESENTED The Butte Township Board of Supervisors (Board) held special meetings on May 19, 2021, May 27

LETTER OPINION 2022-L-04 October 11, 2022 Page 3 subject to open records requests is inherent in the Legislative Assembly’s decision to designate records of the NDPHP as confidential and codify the circumstances under which the NDPHP’s records may be disclosed. The NDPHP satisfies each of the four, different scenarios above, and satisfying any one of them renders an organization a public entity for open records and meetings laws. First, the physician health program was created by state statute and is recognized by state statute. 18 Second, in accordance with state law, the Board, which is

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-13 DATE ISSUED: September 29, 2022 ISSUED TO: Minot Public School District No. 1 CITIZEN’S REQUEST FOR OPINION Mike Blessum requested an opinion from this office under N.D.C.C. § 44-04-21.1 regarding whether the Minot Public School District No. 1 (MPS) violated N.D.C.C. § 44-04-19 by holding an unnoticed committee meeting. FACTS PRESENTED On May 30, 2020, MPS Superintendent Mark Vollmer, “in consultation with members of his

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-12 DATE ISSUED: September 29, 2022 ISSUED TO: North Prairie Regional Water District CITIZEN’S REQUEST FOR OPINION Crystal Hendrickson requested an opinion under N.D.C.C. § 44-04-21.1 from this office regarding whether North Prairie Regional Water District violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting and failing to provide records within a reasonable time. FACTS PRESENTED The North Prairie Re

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-11 DATE ISSUED: September 29, 2022 ISSUED TO: Lewis & Clark 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 Shari Powell regarding whether the Lewis & Clark Public School Board violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Lewis & Clark Public School Board (Board) held a special meeting on October 27,

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS SUMMARY OPINION 2022-0-10 DATE ISSUED: September 29, 2022 ISSUED TO: Lewis & Clark Public School Board CITIZEN’S REQUEST FOR OPINION Traci Braaflat requested an opinion under N.D.C.C. § 44-04-21.1 from this office regarding whether the Lewis & Clark Public School Board violated N.D.C.C. § 44-04-20 by failing to provide notice of special meetings. FACTS PRESENTED On October 22, 2021, Traci Braaflat requested notice “of all future board m

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2022-0-09 DATE ISSUED: September 29, 2022 ISSUED TO: City of Crosby 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, Publisher of The Journal, asking whether the City of Crosby violated N.D.C.C. §§ 44- 04-20 and 44-04-18 by failing to provide notice of a special meeting and improperly denying a request for records.! FACTS PRESENTED Thirty minutes before th

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS SUMMARY OPINION 2022-0-08 DATE ISSUED: September 1, 2022 ISSUED TO: City of Mandan Board of Equalization CITIZEN’S REQUEST FOR OPINION S. Paul Jordan requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether the City of Mandan Board of Equalization violated N.D.C.C. § 44-04-20(3) by not providing personal notice of a meeting. FACTS PRESENTED Mr. Jordan did not receive a notice from the City of Mandan (City) for a Boa

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2022-L-03 Dr. Nizar Wehbi State Health Officer Department of Health 600 E. Boulevard Ave., Dept. 301 Bismarck, ND 58505 Dear Dr. Wehbi: Thank you for your letter requesting an opinion on the meaning of the phrase “electronic machine- readable code” as utilized in N.D.C.C, § 23-01-05.3. In my opinion, “electronic machine-readable code,” as utilized in N.D.C.C. § 23-01-05.3, refers to an electronic quick response code (“QR code”) related to vaccinati

OPEN RECORDS AND MEETINGS OPINION 2022-O-07 DATE ISSUED: July 1, 2022 ISSUED TO: Lake Region District Health Board CITIZEN’S REQUEST FOR OPINION Eric Arndt, with KZZY Radio, requested an opinion under N.D.C.C. § 44-04-21.1 from this office asking whether the Lake Region District Health Board violated N.D.C.C. § 44-04-20 by failing to properly notice a special meeting of a committee. FACTS PRESENTED On March 1, 2022, the Lake Region District Health Board (Board) created a committee to conduct interviews for the Lake Region District Health Unit Administrator position. All five people appoin

OPEN RECORDS AND MEETINGS OPINION 2022-O-06 DATE ISSUED: May 19, 2022 ISSUED TO: Williston Parks and Recreation District Board CITIZEN’S REQUEST FOR OPINION Jamie Kelly, editor of the Williston Herald, and Thomas Kalil, on behalf of Thomas Simon of Williston Trending News Radio, requested opinions under N.D.C.C. § 44-04-21.1, asking whether the Williston Parks and Recreation District Board violated N.D.C.C. § 44-04-20 by improperly noticing an executive session. Thomas Kalil also asked whether Williston Parks and Recreation District Board violated N.D.C.C. § 44-04-20 by not providing spec

OPEN RECORDS AND MEETINGS OPINION 2022-O-05 DATE ISSUED: May 19, 2022 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION Dr. Jake Schmitz and Dr. Mason Custer requested opinions under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Board of Chiropractic Examiners violated N.D.C.C. § 44-04-18 by withholding a recording of an executive session regarding records. FACTS PRESENTED The North Dakota Board of Chiropractic Examiners (Board) held a regular meeting on March 26, 2021. 1 During that meeting, an executive session was he

OPEN RECORDS AND MEETINGS OPINION 2022-O-04 DATE ISSUED: May 13, 2022 ISSUED TO: Stark County Board of Commissioners CITIZEN’S REQUEST FOR OPINION Leslie Ross asked this office whether the Stark County Board of Commissioners (Commission) violated N.D.C.C. §§ 44-04-19, 44-04-19.1, 44-04-19.2, and 44-04-20 by failing to properly notice an executive session, not following proper procedure for entering into an executive session, and denying access to the open portion of a meeting. FACTS PRESENTED The Commission held a regular meeting on March 2, 2021. 1 The meeting notice and agenda, stated

OPEN RECORDS AND MEETINGS OPINION 2022-O-03 DATE ISSUED: April 6, 2022 ISSUED TO: City of Benedict CITIZEN’S REQUEST FOR OPINION Allen Tomlinson requested an opinion under N.D.C.C. § 44-04-21.1, asking whether the Benedict City Council violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Benedict City Council holds regularly scheduled meetings on the second Monday of every month at City Hall. 1 The City Council usually posts its meeting notices on the bulletin board in the lobby of the Benedict Post Office as well as on the front

LETTER OPINION 2022-L-02 Commissioner Joseph Heringer Department of Trust Lands PO Box 5523 Bismarck, ND 58506-5523 Dear Commissioner Heringer, Thank you for your letter requesting an opinion on whether the Board of University and School Lands (“Board”) can lease previously unleased lands through a subsequent public auction and whether this subsequent public auction is subject to the requirements of N.D.C.C. § 15-04-10. In my opinion, the Board may lease the lands at a subsequent public auction pursuant to N.D. Constitution Article IX, Section 8 and N.D.C.C. § 15-04-10, a

OPEN RECORDS AND MEETINGS OPINION 2022-O-02 DATE ISSUED: January 19, 2022 ISSUED TO: Hettinger 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 Michael J. Geiermann asking whether Hettinger Public School Board violated N.D.C.C. §§ 44-04-20, 44-04-19.2, and 44-04-19, by improperly noticing an executive session, failing to properly describe the general subject matter and legal authority before entering an executive session, and holding an unauthorized executive session. FACTS PRESENT

OPEN RECORDS AND MEETINGS OPINION 2022-O-01 DATE ISSUED: January 19, 2022 ISSUED TO: Stark County Board of Commissioners CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Leslie Ross asking whether the Stark County Board of Commissioners (Stark County) violated N.D.C.C. § 44-04-18 by not providing records within a reasonable time and improperly denying a records request. FACTS PRESENTED On October 27, 2020, Leslie Ross made a records request to Stark County for records related to finalist applications for a human re

LETTER OPINION 2022-L-01 The Honorable Thomas Beadle State Treasurer 600 E. Boulevard Ave Dept 120 Bismarck, ND 58505 Dear Mr. Beadle: Thank you for your letter inquiring as to the method of distribution of gross production and oil extraction taxes to the constitutional funds set forth in N.D. Const. art. X, §§ 22, 24, and 26. For the reasons indicated below, it is my opinion that the distributions of gross production and oil extraction tax revenues should be allocated from the state’s share of the aforementioned revenues. Further, that portion of the gross production and oil extraction tax re