North Dakota Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in North Dakota, with full citations and the original source on every page.
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When can a county commission go into closed executive session, and what has to be in the meeting notice?
Notice of every anticipated executive session must be in the public meeting agenda. Once in executive session, the discussion must actually fit one of the narrow statutory exceptions (here, attorney c…
What does a North Dakota public board have to do before going into closed session to talk to its lawyer?
Announce the topics and the legal authority for closing the meeting, then take a recorded roll call vote, not a chorus of 'aye'. Most discussion in a closed 'attorney consultation' must actually be at…
When can a North Dakota city council go into executive session to talk to its lawyer about possible litigation?
Lincoln City Council went into executive session to talk to its attorney about possibly suing the former city auditor over a bond claim. The AG concluded the executive session wasn't authorized: the l…
When a North Dakota school board calls an emergency meeting on short notice and goes into executive session, what notice does it have to give the public?
The Apple Creek School Board called an emergency meeting on a few hours' notice with a vague website announcement, then held two executive sessions and discussed unrelated topics. The AG concluded the…
Can a North Dakota city commission go into executive session for attorney consultation when the meeting notice didn't mention an executive session, and discuss general updates rather than just legal advice?
No to both. The Tioga City Commission's July 18, 2022 meeting notice violated open meetings law because it didn't mention any anticipated executive session even though the city attorney and auditor kn…
Can a North Dakota board withhold an executive session recording on grounds (attorney consultation, negotiation strategy) different from those listed in the meeting notice?
Yes, the Board properly denied access. The general subject matter listed on the notice was good enough to comply with N.D.C.C. § 44-04-20(2). The executive session itself was authorized for attorney c…
Once a North Dakota public board properly notices an executive session, can it discuss any topic behind closed doors as long as an attorney is in the room?
No. The AG concluded the Williston Basin school board's notice and announcement were fine, but it strayed outside the announced attorney-consultation and negotiation-strategy topics during the executi…
If a North Dakota board calls a special meeting, does it have to say on the notice that an executive session will happen?
Yes. If a special meeting will include an executive session, the notice must specifically list it and describe the general subject matter. Posting only the open-meeting topic and then going into a two…
If a North Dakota licensing board discussed me in executive session, can I get a copy of that recording?
Generally no. The executive-session recording stays closed under § 44-04-19.2(5). The protection covers the board's discussion of confidential records, not just the records themselves, and the subject…
Is it enough for a North Dakota board to cite the executive-session statute on the agenda, or does the chair have to say the legal basis out loud?
Both. The agenda needs the general topic, and the chair must announce the specific legal authority (such as 'attorney consultation') in open meeting before going into executive session. Citing the sta…
Can a North Dakota school board enter executive session for 'negotiations of contracts' without saying which contract is being negotiated?
No. A motion or notice saying only 'executive session for negotiating strategy' or 'Negotiations of Contracts' does not give the public enough information. Under § 44-04-20(2) and § 44-04-19.1(9), the…
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Attorney general opinions in North Dakota are written by the North Dakota Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.