December 1, 2022Issued to: North Dakota Education Standards and Practices BoardRequest: 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...
November 16, 2022Issued to: Representatives Karla Rose Hanson and Zachary IstaRequest: 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...
October 26, 2022Request: 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...
October 17, 2022Issued to: Butte Township Board of SupervisorsRequest: Did the Butte Township Board of Supervisors violate the open meetings law by failing to properly notice meetings?Conclusion: The Butte Township Board of Supervisors held special meetings on three dates in May and June 2021. The...
October 17, 2022Issued to: Pelican TownshipRequest: Did the Pelican Township violate the open records laws when it denied a request for records citing pending litigation?Conclusion: The Pelican Township received a request for records primarily concerning two township meetings during which decisions were made which led...
October 11, 2022Issued to: North Dakota Board of MedicineRequest: Is the North Dakota Professional Health Program (“NDPHP”) a public entity pursuant to state law and subject to the open records and meetings laws?Conclusion: The physician health program is a statutorily created program for the detection,...
September 29, 2022Issued to: Lewis & Clark Public School BoardRequest: Did the Lewis & Clark Public School Board violate the open meetings laws by failing to provide notice of meetings?Conclusion: The Lewis & Clark Public School Board received a request from an individual for notice of all future...
September 29, 2022Issued to: North Prairie Regional Water DistrictRequest: Did the North Prairie Regional Water District violate the open meetings and open records laws by failing to notice a special meeting and failing to provide records within a reasonable time?Conclusion: The North Prairie Regional Water...
September 29, 2022Issued to: Minot Public School District No. 1Request: Did the Minot Public School District No. 1 violate the open meetings law by failing to properly notice a committee meeting?Conclusion: The Minot Public Schools Superintendent established a “Reintegration Committee” pursuant to MPS policy to...
September 28, 2022Request: Did the City of Crosby violate the open meetings and open records laws by failing to provide notice of a special meeting and denying a request for records?Conclusion: A quorum of the Crosby City Council met and held administrative nuisance hearings prior...