North Dakota AG Opinions, 2024

STA TE O F NOR TH DAKO TA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTO RNEY GENER AL Ms. Christina M. Wenko Dickinson City Attorney MackoffKellogg Law Fim1 38 Second Ave. E. Dickinson, ND 58601 Dear Ms. Wenko : www . a t tor n eyg e nera I . nd . g av (701) 328-2210 LETTER OPINION 2024-L-05 Thank you for your letter requesting my opinion on whether a home rule charter city may modify the elected official recall process enumerated in North Dakota Century Code (N.D.C.C.) § 44-08-21. Because the mle of st

STA TE O F NORTH D AKO TA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTO RN EY GENERAL Ms. Jannelle Combs Bismarck City Attorney 221 N. 5th St. P.O. Box 5503 Bismarck, ND 58501 Dear Ms. Combs: www. atto r n eyg en er a I . n d . gov (701) 328-2210 LETTER OPINION 2024-L-04 Thank you for your letter requesting an opinion on whether a petition to initiate an ordinance pursuant to art. 5 of the City of Bismarck's Home Rule Charter (Home Rule Charter) is subject to the time limit for the filing or presentation of

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2024-L-03 Pembina County Water Resource District C/O Robert C. Fleming, Attorney at Law PO Box 633 Cavalier, ND 58220-0633 Dear Pembina County Water Resource District: Thank you for your letter requesting my opinion regarding the interpretation of North Dakota Century Code (N.D.C.C.) § 61-32-07 and the authority of a Water Resource District to close a noncomplying drain. Specifically, you asked (1) whether N.D.C.C. § 61-32-07 is applicable where an in

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL Drew H. Wrigley ATTORNEY GENERAL www. atto rneyg enera I. n d _go v (7 01) 328-22 10 LETTER OPINION 2024-L-02 Ms. Sally A. Holewa, State Court Administrator Office of the State Court Administrator Supreme Court Judicial Wing, 1st Floor 600 E Boulevard Ave Bismarck, ND 58505-0530 Dear Ms. Holewa: Thank you for requesting my opinion on North Dakota Public Employees Retirement System (ND PERS) benefits available to sitting state dist1ict comi judges who hold accounts in the ND PERS main plan and the

Drew H. Wrigley ATTORNEY GENERAL DA TE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-09 September 17, 2024 Apple Creek School Board CITIZEN'S REQUEST FOR OPINION Jamie Jacobson requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Apple Creek School Board violated N.D.C.C. §§ 44-04-20 and 44-04-19.2 by failing to properly notice a special meeting and failing to properly describe the general subject matter and legal authority b

Drew H. Wrigley ATTORNEY GENERAL STA TE O F NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2024-0-08 DATE ISSUED: September 11, 2024 ISSUED TO: Stanley Rural Ambulance District CITIZEN'S REQUEST FOR OPINION Adam Buss requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Stanley Rural Ambulance District (District) violated N.D.C.C. § 44-04-18 by failing to provide records. FACTS PRESENTED On March 10, 2022, Mr. Buss sent an email to Don Giese, then Pre

Drew H. Wrigley AT T ORN EY GENERAL DATE ISSUED : ISSUED TO: STATE O F N ORTH D A KO TA O FFICE OF ATTORNEY GENE R AL www . attorneygenera l. nd.gov (7 01 ) 328 - 2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-07 September 11, 2024 Stanley Rural Ambulance District CITIZEN'S REQUEST FOR OPINION Justin Hagel requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Stanley Rural Ambulance District violated N.D.C.C. §§ 44-04-20 and 44-04-18 by failing to properly notice a special meeting and responding improperly

Drew H. Wrigley ATTORNEY GENER AL STA TE OF N OR TH DAKOTA OFFICE OF ATTORNEY GENERAL www.a ttorneygeneral.nd.g ov (701) 328-2210 OPEN RECORDS AND MEETINGS OPINION 2024-0-06 DATE ISSUED: September 11, 2024 ISSUED TO: Southwest Healthcare Services CITIZEN'S REQUEST FOR OPINION The law firm of Ebeltoft Sickler Lawyers, PLLC, on behalf of its client, Kevin Thompson, requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Southwest Healthcare Services violated N.D.C.C. § 44-04-18 by improperly denying a request for records.

Drew H. Wrigley ATTORNE Y GENERAL DA TE ISSUED: ISSUED TO: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-22 10 OPEN RECORDS AND MEETINGS OPINION 2024-0-05 July 15, 2024 City of Tioga CITIZEN'S REQUEST FOR OPINION Robert Harms requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Tioga violated N.D.C.C. §§ 44-04-20 and 44-04-19.2 by failing to properly notice and subsequently holding an unauthorized executive session for attorney consultation. FACTS PRESENTED The Tioga City

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL LETTER OPINION 2024-L-01 Jackie A. Huber Brigadier General Deputy Adjutant General North Dakota National Guard Office of the Adjutant General P.O. Box 5511 Bismarck, ND 58506-5511 Dear Brigadier General Huber: Thank you for your letter requesting my opinion regarding the correct application of the “North Dakota taxable income” reduction for military pay created under North Dakota Century Code (N.D.C.C.) § 57-38-30.3(2)(g). You explain that, in 2023, Senate Bil

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 2024-0-04 DATE ISSUED: January 9, 2024 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION Dr. Jake Schmitz requested an opinion from this office 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 and 44-04-20 by improperly denying a request for an executive session recording and improperly noticing an executive session. FACTS P

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 2024-0-03 DATE ISSUED: January 9, 2024 ISSUED TO: North Dakota Board of Chiropractic Examiners CITIZEN’S REQUEST FOR OPINION Dr. Jake Schmitz requested an opinion from this office 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 improperly denying a request for records. FACTS PRESENTED The North Dakota Board of Chiropractic Examiners (Board) held a special

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 2024-O-02 DATE ISSUED: January 3, 2024 ISSUED TO: City of Mandan - Fire Department CITIZEN’S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Mandan, specifically the Fire Chief, violated N.D.C.C. § 44-04-18 by failing to provide a copy of a record. FACTS PRESENTED On May 26 and June 26, 2022, Karen Jordan requested that the Mandan Fire Chief Steve Nardell

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 2024-0-01 DATE ISSUED: January 3, 2024 ISSUED TO: Morton County - Board of Equalization CITIZEN’S REQUEST FOR OPINION Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Morton County Board of Equalization (Board) violated N.D.C.C. §§ 44-04-18 by failing to respond to a record request. FACTS PRESENTED In June 2022, Ms. Jordan requested the Board’s annual meeting publication notices! vi