News

NORTH DAKOTA TO RECEIVE $1.2 MILLION FROM WELLS FARGO BANK

January 2, 2019

North Dakota will receive $1.2 million from Wells Fargo Bank under the terms of a national settlement agreement, announced Attorney General Wayne Stenehjem. The state's share of the $575 million settlement fund is for civil costs and attorney fees.


HIGHWAY TAX DISTRIBUTION FUND

December 14, 2018

Transfers from the highway tax distribution fund to the ethanol production incentive fund to provide incentive payments to ethanol plants pursuant to statute are presumed constitutional until declared otherwise by a court.


SPECIAL MEETING NOTICE INSUFFICIENT

December 11, 2018

The city of Belfield violated the law because its special meeting notice did not provide sufficient details about the topic to be discussed or the legal authority for holding an executive session, and the city failed to provide notice to the official newspaper, as required.


CITY OF MANDAN RESPONDED PROMPTLY TO RECORD REQUEST

December 10, 2018

The City of Mandan did not violate the open records law because it promptly responded to the open records request when it was received.


IF YOU WANT TO RECEIVE PERSONAL NOTICE OF MEETINGS, YOU HAVE TO ASK

December 10, 2018

A public entity has no obligation to provide personal notice of its meetings unless an individual submits a request to that public entity. The Bismarck-Mandan Mayors’ Committee for People with Disabilities did not violate the law because Mr. Jordan has never made a request to the Committee to receive personal notice of its meetings. 


OBLIGATION TO PROVIDE PERSONAL NOTICE OF MEETINGS

December 10, 2018

A public entity is required to provide personal notice to anyone who has asked to receive notice of its meetings. Mr. Jordan did not ask to receive notice of meetings of the Morton-Mandan Public Library Board, and therefore it had no obligation to provide him with notice.


NO VIOLATION FOR CITY OF MANDAN

December 10, 2018

The City of Mandan did not violate the law because it promptly responded to a request when it was received.


REQUEST FOR INFORMATION IS NOT A REQUEST FOR A RECORD

December 10, 2018

Although the response sent by the Dakota Center for Independent Living to a vaguely worded request was proper, the delay in responding to the request was unreasonable.


UNINTENTIONAL OMISSION CREATED UNREASONABLE DELAY

December 10, 2018

The Morton-Mandan Public Library Board mistakenly failed to provide a record when responding to several requests from the same individual. The Board provided the record as soon as it recognized the mistake. Although unintentional, the Board’s delay was unreasonable.


MISREAD REQUEST RESULTS IN UNREASONABLE DELAY

December 10, 2018

The Governor’s office misunderstood the scope of a record request, conducting an extensive search that resulted in an unreasonable delay in responding to the request.