Title 44, Offices and Officers

No elective or appointive officer, employee, representative, or agent of this state, or of any of its subdivisions, agencies, bureaus, boards, or commissions, may willfully make claim upon, or willfully receive, any public funds for traveling expenses, while engaged upon public b…

1. Except as provided in section 44-08-04.1, each elective or appointive officer, employee, representative, or agent of this state, or of any of its subdivisions, agencies, bureaus, boards, or commissions, may make claim for meals and lodging while engaged in the discharge of a p…

With the approval of the office of the budget, any state agency may adopt a per diem allowance in lieu of expenses as allowed by section 44-08-04 for its officials and employees whose official duties require that they remain on travel status away from their normal working and liv…

1. Any state agency shall advance at the request of the agency head for employees of that agency funds to be used for payment of meal and lodging expenses incurred while the official or employee is traveling on official business of this state, provided that such travel must be pl…

The head of any department, institution, or agency may authorize the payment of moving expenses incurred by a permanent employee who has been employed in that department, institution, or agency not less than one year when that employee is transferred from one city in the state to…

Any travel expense, including airline tickets and registration fees, that must be incurred more than five weeks in advance of approved travel to meet necessary deadlines or to obtain low rates, may be purchased by the state or any elected or appointed officer, employee, represent…

1. The office of management and budget shall seek to obtain sales tax exemptions for state employee travel lodging expense from all other states and the District of Columbia. If available from other states, the office of management and budget shall file exemption records, documen…

Any person who receives public funds for the discharge of a public duty in excess of the amounts allowed by law is, thirty days after a demand for a return of such excess amounts has been made by the attorney general, subject to a civil suit to be brought by the attorney general …

1. Any public officer or employee who has the power to approve a payment for travel expenses or any other expenditure of public funds shall determine before approving the payment: a. That the expenditure for travel or other expenditures were for lawful and official purposes. b. I…

Except as otherwise provided by law relating to notary stamps, upon every seal of a court or officer of this state required or authorized to have a seal, there must be engraved the words "State of North Dakota" and the name of the court or office in which the seal is to be used. …

All certificates of acknowledgment by notaries public on all documents filed for record with a recorder in the state, notwithstanding any defects or irregularities with the notary seal, are hereby validated, ratified, approved, and confirmed. Notwithstanding section 44-08-06, all…

When any court of record is unprovided with a seal, the judge thereof may authorize the use of any temporary seal, or of any device by way of seal, until a permanent seal is provided.

The clerk of the supreme court, the clerk of each district court, sheriff, or recorder, in all cases, may require the party for whom any service is to be rendered to pay the fees in advance of service, or to give security for the costs of service, to be approved by the officer.

The state or any political subdivision of the state must furnish legal counsel to defend any law enforcement officer in any action brought against such officer to recover damages arising out of any act of such officer in good faith and in the performance of the officer's official…

As used in sections 44-08-12 through 44-08-14: 1. "Authorized officer" means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a lease issued by the board of university…

Any authorized officer, after filing with the secretary of state or, in the case of officers of any city, county, school district, or other political subdivision, with the clerk or business manager of such subdivision, the officer's manual signature certified to under oath, may e…

When the seal of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, …

As used in section 44-08-17, "law enforcement officer" means any sheriff, sheriff's deputy, police chief, policeman, fireman, and any investigator or detective employed by a political subdivision on a salaried basis to perform police duties.

Any political subdivision may purchase insurance on the life of a law enforcement officer employed by that political subdivision. Such insurance policy must be purchased from an insurance company licensed to do business in this state. If the insurance is purchased, the officer in…

Every elected and appointed state official and all state employees employed by or administering any agency, department, board, commission, or other governmental organization with offices located in the state capitol building are responsible for the safekeeping and return of keys …

1. No public employee may engage in political activities while on duty or in uniform. Although nothing in this section prevents any such employee from becoming or continuing to be a member or officer of a political club or organization, from attendance at a political meeting, fro…

Peace officers employed by a law enforcement agency within the state have the power of a peace officer in the following circumstances: 1. To enforce state laws and rules within the jurisdiction of the law enforcement agency by which they are employed. 2. To assist during the nece…

Every applicant for a position as a law enforcement officer for any state or political subdivision agency must be asked in any written application for that position whether that applicant has ever pled or been found guilty of a felony including a felony charge that was later dism…

1. An elected official of a political subdivision, except a township officer, an individual serving as a member of a governing body of a city, park district, or as a member of a school board subject to recall under section 44-08-21.1, or an official subject to recall under sectio…

1. An individual serving as a member of a governing body of a city, park district, or school board is subject to recall by petition of electors equal in number to thirty-five percent of the voters who voted in the most recent election that the member sought to be recalled was on …

A state entity or any political subdivision of this state may not purchase a flag of the United States of America unless the flag was manufactured in the United States of America. This section does not apply to the purchase of an item that is not a flag but which portrays a liken…

Notwithstanding any other provision of law, the governing body of a political subdivision may remove from office any individual the governing body has appointed to any office, board, or commission, for misconduct, malfeasance, crime in office, or neglect of duty or for habitual d…

1. Any appointive or elective agency or office of peace officers, as defined in section 12-63-01, may establish policies and enter agreements with other agencies and offices and a state or local criminal justice agency of this state may establish policies and procedures or enter …

1. Notwithstanding any other provision of law, the state, a political subdivision, or institution of higher education under the supervision of the state board of higher education or any agent or employee of the state, a political subdivision, or the institution of higher educatio…

The governor and other state and judicial officers of the state, except municipal judges, are subject to impeachment, and may be impeached for habitual drunkenness, crimes, corrupt conduct, malfeasance, or misdemeanor in office. The articles of impeachment may contain charges and…

The sole power of impeachment is vested in the house of representatives. A concurrence of a majority of all members is necessary to the exercise thereof. All impeachments must be tried by the senate sitting for that purpose, and the senators must be upon oath or affirmation to do…

Every impeachment must be originated by resolution adopted by the house of representatives and the prosecution thereof conducted by at least five managers selected therefor by the house. Such managers or a committee of the house must prepare the articles of impeachment in accorda…

The articles of impeachment must be divided into separate charges and specifications thereunder. The charges must be numbered consecutively and separately and each must set forth in a general way the facts claimed to constitute one of the offenses named in section 44-09-01. The s…

The senate, whenever articles of impeachment are presented to it by or on behalf of the house of representatives, must assign a day for the hearing of the impeachment and inform the house thereof. The day so assigned may not be earlier in the session than that at which the comple…

The service must be made upon the accused personally, or if upon diligent inquiry the accused cannot be found within the state, the senate, upon proof of that fact, may order the notice to be served by publication or otherwise in such manner as it may deem proper. The notice as p…

If the accused does not appear, the senate, upon proof of service of the notice and articles of impeachment in any manner provided in sections 44-09-05 and 44-09-06, as the circumstances may require, of its own motion or for cause shown, may assign another day for the hearing of …

No officer may exercise the duties of that office after the officer has been impeached and before acquittal. Whenever upon the impeachment of an officer there is no one authorized by law to perform the duties of the office and the senate shall by resolution declare that the publi…

The senate and each member thereof, unless excused for cause, shall meet at the senate chamber on the day assigned to hear the impeachment and organize as a court for the trial of the same. Such organization must be held and deemed to be perfected when the presiding officer of th…

If the accused appears and is unable to procure the assistance of counsel, the president of the senate, or other person presiding, shall appoint some suitable person to assist the accused in the accused's defense. If the accused is served by publication and fails to appear, the p…

If the defendant appears, the defendant may object in writing to the sufficiency of the articles of impeachment or may answer the same in writing or by oral plea. Such plea must be entered upon the journal. A plea of not guilty puts in issue every material allegation of the artic…

If the accused makes objections to the sufficiency of the articles of impeachment and such objections are sustained by a majority of the members of the senate, the decision must be entered on the journal and no further proceedings may be had upon the articles. If such objections …

If the accused, upon the overruling of the objections as provided in section 44-09-12, pleads guilty to any or all of the charges or specifications, the senate must render judgment of conviction against the accused. If the accused pleads not guilty or refuses to plead, the senate…

The secretary of the senate in all cases of impeachment shall keep a full and correct record of all proceedings. Said record shall be a public record. The secretary of the senate also shall have power to administer all requisite oaths and affirmations.

The senate sitting as a court of impeachment has power, from time to time, to appoint such subordinate officers, clerks, and reporters as may be necessary for the convenient transaction and dispatch of business, and at any time may remove such officers or any of them.

The managers selected by the house of representatives and the person impeached and that person's counsel, severally, are entitled to process for compelling the attendance of persons and witnesses or the production of papers or records required for the trial of the impeachment.

The senate sitting as a court of impeachment has full power and authority to establish such rules and regulations for the trial of the accused as may be necessary, has power to adjourn from time to time, dissolve when its work is concluded, and compel obedience to its process and…

In any impeachment trial conducted before the senate of the state of North Dakota, the testimony of any witness not a resident of the state of North Dakota and not amenable to subpoena within the state of North Dakota at the time of such trial may be taken by deposition upon the …

All corporations and limited liability companies, and all officers, managers, agents, and employees of all corporations and limited liability companies, licensed or authorized to do business within this state by any licensing or supervisory authority of this state shall be requir…

The senate, while sitting as a court of impeachment, has all the powers and privileges conferred upon it by the constitution as a house of the legislative assembly or the laws passed in pursuance thereof, but imprisonment may not extend beyond the dissolution of the court of impe…

The vote upon the charges and specifications must be taken by yeas and nays, beginning with the first specification under the first charge and continuing until all the specifications under the first charge have been disposed of. A vote must be taken in the same way upon each spec…