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...
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...
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...
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]...
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...
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...
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...
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]...
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...
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...