JOINT PUBLIC ENTITY MUST POST MEETING NOTICES AT EACH JURISDICTION

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July 2, 2018


Request: Did the Bismarck-Mandan Mayors’ Committee for People with Disabilities violate the open meetings law by failing to post notice of a meeting?

Conclusion: The Bismarck-Mandan Mayors’ Committee for People with Disabilities holds regular meetings in January, May, and September. The Committee alternates the meeting location between the two cities it serves. The Committee’s practice is to post the meeting notice depending on which city would be holding the meeting, Bismarck or Mandan. However, when an entity serves two public entities, notice of meetings must be posted at each jurisdiction. The Committee violated the open meetings laws when it posted notice of the May 2018 meeting in Mandan but not in Bismarck. In addition, notice of meetings is required to be given at the same time the members of the governing body receive notice and an agenda. The agenda for the May meeting was sent to Committee members in January, 2018, with a revised email sent out in March, 2018, but the agenda was not posted until April 6, 2018, in violation of the law.

Opinion 2018-O-11

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