Opinions

17 Dec FARGO’S HOME RULE CHARTER AND ORDINANCE REGARDING ITS APPROVAL VOTING ELECTION PROCEDURE SUPERSEDE THE BALLOT REQUIREMENTS OF N.D.C.C. SECTION 16.1-06-04 FOR THE ELECTION OF CITY OFFICIALS

Posted at 15:29h in Opinions by Marina Khachaturyan 0 Comments

December 17, 2024 Because the City of Fargo is a home rule city which validly adopted an approval voting procedure through its appropriately adopted and enacted home rule charter powers and implementing ordinance, the City of Fargo’s approval voting ordinance supersedes conflicting state laws related to...

12 Nov DENIAL OF RECORDS FOR AN IMPROPER REASON IS A VIOLATION OF OPEN RECORDS LAW

Posted at 11:40h in Opinions by Marina Khachaturyan 0 Comments

November 12, 2024 Request: Whether Mandan Park District improperly denied a request for records, citing an outstanding charge, when payment had been provided to the district. Conclusion: Mandan Park District received a personal check for a previously filled record request and did not deposit the check, therefore...

05 Nov HOME RULE CITIES LACK THE STATUTORY AUTHORITY TO ENACT AN ORDINANCE REGARDING THE RECALL OF CITY OFFICERS THAT CONFLICTS WITH THE PROCESS SET FORTH IN N.D.C.C. SECTION 44-08-21

Posted at 13:01h in Opinions by Marina Khachaturyan 0 Comments

November 5, 2024 Because N.D.C.C. § 40-05.1-06 does not grant home rule charter cities the power to provide for the recall of elected city officials, a home rule charter city may not adopt an ordinance which conflicts with the process for the recall of city officers...

31 Oct TIME LIMITATIONS IN N.D.C.C. SECTION 1-01-50 APPLY TO THE FILING OF A PETITION TO INITIATE AN ORDINANCE IN THE CITY OF BISMARCK

Posted at 15:36h in Opinions by Marina Khachaturyan 0 Comments

October 31, 2024 Article 5 of the City of Bismarck’s Home Rule Charter does not contain a provision related to time limits for the filing or presentation of a petition to initiate an ordinance, therefore, the time limitations of N.D.C.C. § 1-01-50 apply. You can view this...

21 Oct WATER RESOURCE DISTRICTS ARE REQUIRED TO INVESTIGATE COMPLAINTS REGARDLESS OF PROPERTY OWNERSHIP

Posted at 15:14h in Opinions by Marina Khachaturyan 0 Comments

October 21, 2024 Request: A water resource district is required by law to exercise its discretion in determining whether a landowner must replace culverts or fill in a ditch when it was not the landowner who removed the culverts. You can view this opinion at: 2024-L-03 [print-me] ...

04 Oct IF AN INDIVIDUAL BECOMES A DISTRICT COURT JUDGE, AFTER HAVING RETIRED FROM AN NDPERS PARTICIPATING EMPLOYER, IT IS CONSIDERED A RETURN TO SERVICE AND INTERRUPTS RETIREMENT BENEFITS UNDER NDPERS BECAUSE THERE IS NO DUAL COVERAGE EXEMPTION FOR DISTRICT COURT JUDGES

Posted at 15:50h in Opinions by Marina Khachaturyan 0 Comments

October 4, 2024 Request: Whether a sitting district court judge, who has reached his or her rule of 85, may collect retirement benefits from the NDPERS main plan without first retiring from his or her current position as a judge. Whether, to collect from the NDPERS...

17 Sep APPLE CREEK SCHOOL BOARD FAILED TO PROPERLY NOTICE A SPECIAL MEETING AND FAILED TO PROPERLY ANNOUNCE ITS EXECUTIVE SESSIONS

Posted at 19:15h in Opinions by Mykala Senner 0 Comments

September 17, 2024 Request: 1. Whether Apple Creek School Board properly noticed a special meeting. 2. Whether Apple Creek School Board’s failed to properly describe the general subject matter and legal authority before entering an executive session. Conclusion: 1. Apple Creek School Board did not properly notice...

11 Sep SOUTHWEST HEALTHCARE SERVICES VIOLATED OPEN RECORDS LAW WHEN IT REFUSED TO PROVIDE RECORDS REGARDING HEALTHCARE SALES TAX EXPENDITURES

Posted at 21:58h in Opinions by Marina Khachaturyan 0 Comments

September 11, 2024 Request: Whether Southwest Healthcare Services is a public entity subject to open records laws and, if so, whether they improperly denied a request for records. Conclusion: Southwest Healthcare Services is a public entity subject to open records laws to the extent it uses or...

11 Sep STANLEY RURAL AMBULANCE DISTRICT PROPERLY RESPONDED TO A REQUEST FOR RECORDS

Posted at 21:48h in Opinions by Marina Khachaturyan 0 Comments

September 11, 2024 Request: Whether Stanley Rural Ambulance District properly responded to a request for records. Conclusion: Stanley Rural Ambulance District’s response that no additional records existed complied with open records law. You can view this opinion at: 2024-O-08 [print-me] ...

11 Sep STANLEY RURAL AMBULANCE DISTRICT PROPERLY NOTICED A SPECIAL MEETING AND RESPONDED TO A REQUEST FOR RECORDS

Posted at 21:31h in Opinions by Marina Khachaturyan 0 Comments

September 11, 2024 Request: 1. Whether Stanley Rural Ambulance District properly noticed a special meeting.2. Whether Stanley Rural Ambulance District properly responded to a request for records. Conclusion: 1. While announcing a special meeting 5 minutes before it commences is a short amount of time to notice a...