News

CITY AUTHORITY TO ENACT ORDINANCES SIMILAR TO STATE CRIMINAL LAW

May 14, 2019

A city may not enact an ordinance similar to or identical to a state criminal law unless given specific statutory authority to regulate that area.


FALLEN OFFICERS REMEMBERED DURING NATIONAL POLICE WEEK

May 14, 2019

On Wednesday May 15, 2019, the state's annual Law Enforcement Memorial Service will be held on the Capitol grounds in Bismarck, beginning at 1:00 pm.


DISCUSSIONS NOT SUBJECT TO MEETING NOTICE REQUIREMENTS

May 13, 2019

The city of Napoleon did not violate the law because the discussions by the mayor and two council members were not subject to open meetings requirements.


STENEHJEM AND ATTORNEYS GENERAL NATIONWIDE URGE CONGRESS TO PASS SAFE BANKING ACT

May 9, 2019

Attorney General Wayne Stenehjem co-sponsored a bipartisan effort involving 38 states and territorial Attorneys General, urging Congress to pass the federal Secure and Fair Enforcement (SAFE) Banking Act (H.R. 1595) and give legal marijuana-related businesses access to the federal banking system. 


RESPONSE REQUIRED EVEN IF NO RECORDS EXIST

May 3, 2019

The City of Mandan did not have any records but failed to inform the requester within a reasonable time that no records existed.


STENEHJEM PRAISES COURT’S NAWS RULING

May 3, 2019

The 2002 legal challenge to the Northwest Area Water Supply project has likely come to an end, announced Attorney General Wayne Stenehjem.  


STUDS TO RUGS INC., BANNED FROM DOING BUSINESS IN NORTH DAKOTA

April 18, 2019

Fargo contractor and business owner Timothy Rosene, is barred from doing business in North Dakota for at least the next five years, announced Attorney General Wayne Stenehjem.


DISCOVERY PROCESS MUST BE USED TO OBTAIN RECORDS FOR PENDING LAWSUIT

April 16, 2019

Records relating to an ongoing lawsuit involving a public entity must be obtained through the discovery process, not the open records laws.


SPECIAL MEETINGS MUST BE PROPERLY NOTICED

April 12, 2019

The Crystal Lake Township Board of Supervisors violated the law when they held a special meeting but did not post a meeting notice and agenda or follow the additional notice requirements for a special meeting.


NO VIOLATION BECAUSE RECORD REQUEST WAS NEVER RECEIVED

April 12, 2019

The city of Mandan did not violate the law by failing to provide requested records because it never received a request. The request sent to the personal email account of a city commissioner was never received because the email account had been hacked and all emails lost.