06 Mar City of Great Bend failed to properly notice its August 16, 2022, September 20, 2022, and September 27, 2022, meetings.
March 6, 2025You can view this opinion at: 2025-O-03[print-me]...
Opinions
06 Mar Political action Committees subject to the reporting requirements of N.D.C.C. § 16.1-08.1-03.7 that also fall under the reporting requirements of N.D.C.C. § 16.1-08.1-02.4 must file all reports and information mandated in EACH OF the two provisions.
March 5, 2025Filing a report under N.D.C.C. § 16.1-08.1-03.7 does not create an exemption from filing a report under N.D.C.C. § 16.1-08.1-02.4, and a political action committee that meets the criteria to report under both statuses must comply with both statutes by filing all mandated...
10 Jan THE METRO FLOOD DIVERSION AUTHORITY BOARD VIOLATED NORTH DAKOTA OPEN MEETINGS LAW WHEN IT FAILED TO NOTICE THE TECHNICAL DISPUTE REVIEW BOARD’S SPECIAL MEETINGS
January 10, 2025 You can view this opinion at: 2025-O-02[print-me]...
02 Jan LINCOLN CITY COUNCIL FAILED TO PROPERLY NOTICE AND ANNOUNCE THEIR EXECUTIVE SESSION, AND THE EXECUTIVE SESSION DID NOT CONSTITUTE ATTORNEY CONSULTATION.
January 2, 2025 You can view this opinion at: 2025-O-01[print-me]...
20 Dec THE EMMONS COUNTY HISTORICAL SOCIETY FAILED TO CREATE MEETING MINUTES AND FAILED TO RESPOND TO A RECORDS REQUEST WITHIN A REASONABLE TIME.
December 20, 2024Request: Whether the Emmons County Historical Society violated open records laws by failing to create meeting minutes and provide copies of meeting minutes and financial statements within a reasonable time.Response: The Emmons County Historical Society did violate open records laws by failing to...
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
December 17, 2024Because 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
November 12, 2024Request: 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
November 5, 2024Because 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
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
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]...