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…
If a North Dakota township posts its meeting notice in the newspaper and on its website but not at the meeting site, is the meeting still validly noticed?
Yes. Substantial compliance is enough. Posting in the newspaper and on the website covered the requirement, even though no notice was posted at the school where the meeting was held. But the same town…
Does a North Dakota city council have to put the meeting location on its public notices, even when meetings always happen in the same place?
Yes. Location is a 'material element' of meeting notice under N.D.C.C. § 44-04-20. Habit cannot substitute. Special meetings must also be noticed to the local newspaper.
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…
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…
If a North Dakota park board posts the right meeting notice in person but accidentally shows the wrong date on its website, has it violated open-meetings law?
No. The ND AG concluded that the Devils Lake Park Board substantially complied with N.D.C.C. § 44-04-20 when it posted correct notice at its office and the meeting location, even though its website ma…
What happens in North Dakota if a city forgets to post notice of a city council meeting?
The meeting itself is not automatically void, but the city violated § 44-04-20 and must remedy it by publishing detailed minutes and providing copies free to anyone who asks. Personal liability and at…
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.