Opinions

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, 2024Article 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, 2024Request: 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, 2024Request: 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, 2024Request: 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, 2024Request: 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, 2024Request: 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, 2024Request: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...

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, 2024Request: 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, 2024Request: 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, 2024Request: 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...