Opinions

15 Jul THE TIOGA CITY COMMISSION’S JULY 18, 2022 MEETING NOTICE DID NOT COMPLY WITH REQUIREMENTS FOR AN EXECUTIVE SESSION AND THE EXECUTIVE SESSION HELD AT THAT MEETING WAS NOT AUTHORIZED BY LAW

Posted at 20:07h in Opinions by Mykala Senner 0 Comments

March 14, 2024 Request: 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. Conclusion: The Tioga City Commission's July 18, 2022, meeting notice did not comply with requirements for an...

18 Mar TAXABLE PAY RECEIVED BY A NORTH DAKOTA TAXPAYER AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES FOR SERVING IN TITLE 32 ACTIVE GUARD RESERVE, TITLE 32 DUAL-STATUS TECHNICIAN, DUAL-STATUS STATE EMPLOYEE, OR ACTIVE DUTY FOR OPERATIONAL SUPPORT DUTY STATUS CONSTITUTES MILITARY PAY UNDER N.D.C.C. § 57-38-30.3(2)(g) AND IS, THEREFORE, TAX EXEMPT.

Posted at 14:22h in Opinions by Mykala Senner 0 Comments

March 14, 2024 Request: Does the expansion of state tax exemption in SB 2293, 2023 N.D. Leg. for “military pay” include otherwise taxable compensation received by a member of the military on for Active Guard Reserve (AGR) members, National Guard Dual Status Technicians (DSTs), Dual Status...

09 Jan PROFESSIONAL LICENSING BOARD DENIED A REQUEST FOR A PORTION OF AN EXECUTIVE SESSION HELD TO DISCUSS A PENDING DISCIPLINARY CASE. THEIR MEETING NOTICE SUBSTANTIALLY COMPLIED WITH OPEN MEETINGS LAWS.

Posted at 22:06h in Opinions by Mykala Senner 0 Comments

January 9, 2024 Request: Whether the Board properly denied a request for an executive session recording. Conclusion: The Board properly denied Dr. Schmitz’s request for a portion of the recording of an executive session held for attorney consultation, negotiation, and, as stated on the original notice, review...

09 Jan PROFESSIONAL LICENSING BOARD DENIED A REQUEST FOR A LICENSEE’S RESPONSE IN DISCIPLINE CASE

Posted at 17:37h in Opinions by Mykala Senner 0 Comments

January 9, 2024 Request: Whether the Board properly denied a request for a licensed chiropractor's response to a complaint in a pending discipline case. Conclusion: While the Board’s decision to deny the records was reasonable given the confidentiality provisions in its statute, absent a peer review committee,...

03 Jan THE MANDAN FIRE DEPARTMENT DID NOT VIOLATE THE OPEN RECORDS LAW BY DENYING A REQUEST FOR THE FIRE CHIEF’S PERSONAL WATER BILL

Posted at 16:36h in Opinions by Mykala Senner 0 Comments

January 3, 2024 Request: Whether the Mandan Fire Department violated the open records law by denying a record request. Conclusion: The Mandan Fire Department Chief’s personal water bill was not a record of the Mandan Fire Department. The record request was properly denied. You can view this opinion...

03 Jan THE MORTON COUNTY BOARD OF EQUALIZATION DID NOT RESPOND TO A REQUEST FOR RECORDS

Posted at 16:33h in Opinions by Mykala Senner 0 Comments

January 3, 2024 Request: Whether the Board of Equalization violated open records law when it failed to provide records. Conclusion: The Board violated open records law when it did not respond to a request for records. You can view this opinion at: 2024-O-01. [print-me] ...

27 Dec REQUESTERS SHOULD BE NOTIFIED IF REQUESTED RECORDS DO NOT EXIST

Posted at 21:38h in Opinions by Mykala Senner 0 Comments

December 27, 2023 Request: Whether the Morton County Sheriff’s Office violated open records law when it failed to provide records. Conclusion: The Morton County Sheriff’s Office should have informed the requester that requested records did not exist. You can view this opinion at: 2023-O-09. [print-me] ...

20 Nov COUNTIES ARE NOT REQUIRED TO QUALIFY BIDDERS PRIOR TO TAX LIEN FORECLOSURE AUCTIONS

Posted at 20:21h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Did Ramsey County conduct its 2022 annual tax lien foreclosure sale in accordance with N.D.C.C. title 57-28 in that it did not qualify bidders prior to the auction sale and did not provide a contract for deed template prior upon demand? Conclusion: Ramsey...

20 Nov NO VIOLATION OF OPEN RECORDS LAW WHEN ENTITIES FAILED TO RESPOND TO A REQUEST THEY DID NOT RECEIVE

Posted at 20:16h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Whether three entities violated the open records law by failing to respond to requests for records. Conclusion: Neither the Governor’s Office, the Agriculture Department, nor the NDIT violated the open records law when they failed to respond to a request for records that...

20 Nov THE MORTON COUNTY STATE’S ATTORNEY DID NOT VIOLATE THE OPEN RECORDS LAW BY DENYING A REQUEST FOR HIS PERSONAL WATER BILL

Posted at 20:12h in Opinions by Mykala Senner 0 Comments

November 20, 2023 Request: Whether the Morton County State’s Attorney violated the open records law by denying a record request. Conclusion: The State’s Attorney’s personal water bill was not a record of the Morton County State’s Attorney’s Office. The record request to the Morton County State’s Attorney’s...