Request: Did the ND Industrial Commission violate the open meetings law when a quorum of its members attended a discussion with EPA Administrator Pruitt regarding the Waters of the United States Rule and lawsuit?
Conclusion: The Waters of the United States (WOTUS) rule and related litigation was the only topic discussed during the discussions attended by a quorum of the ND Industrial Commission (NDIC). The NDIC does not have any supervision, control, or jurisdiction over the WOTUS litigation or over the public funds used on the WOTUS litigation. Therefore, the discussion of WOTUS did not involve the “public business” of the NDIC and was not subject to the open meetings law. No violation occurred.
Review the Opinion: 2017-O-08