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12 Oct THE WILLISTON BASIN SCHOOL DISTRICT #7 PROPERLY NOTICED AND ANNOUNCED AN EXECUTIVE SESSION, BUT FAILED TO KEEP DISCUSSION LIMITED TO THE SPECIFIED TOPICS AND LEGAL AUTHORITY

Posted at 20:06h in Opinions by Mykala Senner 0 Comments

October 12, 2023 Request: Whether the Williston Basin School District #7 properly: 1) noticed an executive session, 2) described the general subject matter and legal authority before entering the executive session, and 3) limited the discussion during the executive session to the legal authority stated. Conclusion: The...

28 Sep THE CITY OF FARGO UNREASONABLY DELAYED THE RELEASE OF REQUESTED RECORDS

Posted at 19:59h in Opinions by Mykala Senner 0 Comments

September 28, 2023 Request: Whether the City of Fargo responded to a record request within a reasonable time. Conclusion: The City of Fargo did not properly respond to a request for records when it neglected to explain a nearly four-week delay in providing records. You can view this...

22 Aug THE WELLS COUNTY DEPARTMENTS MEETING WAS A MEETING OF THE WELLS COUNTY COMMISSION

Posted at 15:23h in Opinions by Mykala Senner 0 Comments

August 22, 2023 Request: Whether the Wells County Commission conducted a meeting subject to the requirements of N.D.C.C. §§ 44-04-20 and 44-04-21(2). Conclusion: The Wells County Commission conducted a meeting during the Wells County departments meeting because a quorum of the Commission attended a discussion related to...

07 Aug THE NORTH DAKOTA HIGHWAY PATROL AND STATE RADIO SHOULD HAVE PROVIDED A TRANSCRIPT OF 911 CALLS TO THE FORUM

Posted at 22:19h in Opinions by Marina Khachaturyan 0 Comments

August 7, 2023 Request: Whether the North Dakota Highway Patrol and State Radio violated N.D.C.C. § 44-04-18 when they failed to provide a 911 transcript. Conclusion: The North Dakota Highway Patrol and State Radio violated open records law when each entity failed to provide a 911 transcript...

28 Jul DEVILS LAKE PARK BOARD SUBSTANTIALLY COMPLIED WITH OPEN MEETING NOTICE REQUIREMENTS

Posted at 15:16h in Opinions by Mykala Senner 0 Comments

July 27, 2023 Request: Did the Devils Lake Park Board provide notice of its December 15, 2021, meeting to the public? Conclusion: The Devils Lake Park Board posted the December 15, 2021, meeting notice at its office, which was also the location of the meeting, on its...

09 Feb MEETINGS THAT CONSTITUTE A QUORUM MUST BE PROPERLY NOTICED GROSS PRODUCTION AND OIL EXTRACTION TAX REVENUE MEETINGS THAT CONSTITUTE A QUORUM MUST BE PROPERLY NOTICED

Posted at 21:29h in Opinions by odney 0 Comments

January 4, 2022 Request: How should the state’s share of revenue from wells located on reservation lands be allocated? Conclusion: The portion of the gross production and oil extraction tax revenue derived from oil and gas exploration and production within the exterior boundaries of the reservations and on trust...

22 Dec MEETINGS THAT CONSTITUTE A QUORUM MUST BE PROPERLY NOTICED

Posted at 15:17h in Opinions by odney 0 Comments

December 22, 2022 Request: Did the Billings County Commission violate the open meetings laws when a quorum met in a series of smaller gatherings without providing notice to the public? Conclusion: The Billings County Commissioners met individually with then North Dakota Department of Transportation Director Bill Panos and...

01 Dec TEACHERS AT SECTARIAN SCHOOLS MAY RECEIVE GRANTS FROM THE TEACHER SUPPORT SYSTEM

Posted at 18:41h in Opinions by odney 0 Comments

December 1, 2022 Issued to: North Dakota Education Standards and Practices Board Request: Does Article VIII, Section 5 of the North Dakota Constitution prohibit ND ESPB from providing grants from the Teacher Support System to teachers at sectarian schools? Conclusion: teachers at private schools may participate in the...

16 Nov HIPAA DOES NOT PROHIBIT DISCLOSURE OF PROTECTED HEALTH INFORMATION IN ORDER TO ASSERT AFFIRMATIVE DEFENSES TO ABORTION LAW.

Posted at 18:53h in Opinions by odney 0 Comments

November 16, 2022 Issued to: Representatives Karla Rose Hanson and Zachary Ista Request: Does state or federal law preclude a defendant from disclosing a patient’s PHI? Conclusion: Although a patient’s PHI may not be required to prove an affirmative defense in all cases, it is reasonable to anticipate...

26 Oct ELECTION OFFICIAL MAY NOT REQUIRE A VOTER TO PROVIDE PROOF OF CITIZENSHIP

Posted at 19:00h in Opinions by odney 0 Comments

October 26, 2022 Request: Must an election official take an individual voter at his or her word or may the election official require the voter to present proof of citizenship if the voter’s identification indicates the individual is not a U.S. citizen? Conclusion: The statutory identification requirements only allow...

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