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 North Dakota residents invite city commissioners to a public meeting and only two of five commissioners actually show up, has the city commission violated the open meetings law if no special meeting notice was issued?
No. The open meetings law applies to a 'meeting,' which under North Dakota statute requires either a quorum of the governing body or a smaller-than-quorum gathering held to evade the open-meeting rule…
Did a North Dakota rural ambulance district violate the open meetings or open records laws when its email notice to the official newspaper got stuck in an outbox, and when it took 80 days to release a severance agreement?
Mostly no on the meeting notice (the email failure was a technical glitch and the AG found substantial compliance for both meetings), but yes on the records side. The 80-day delay in releasing a sever…
When a North Dakota county commission calls a special meeting, what notice does it have to give and what must the minutes record?
Special meetings need notice to the principal office, the meeting location, the website, the county auditor, anyone who has requested notice, AND the official newspaper. Minutes must record members pr…
Can sitting county commissioners have one-on-one chats with newly elected commissioners about portfolios and the chair election before the new commissioners take office?
Yes, on the facts here. Conversations before a commissioner-elect's term began (the first Monday in December under N.D.C.C. § 11-10-05.1) don't involve a quorum of the current commission. As long as t…
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…
Can a North Dakota city council ask employees to leave the room during an open meeting when their salaries are being discussed?
No. The AG concluded that the New Town City Council violated North Dakota's open meetings law when it asked four employees, attending after hours in their personal capacity, to leave during a salary d…
If a North Dakota airport authority misspells the email when notifying the city auditor of a special meeting, has it given valid notice?
No. Posting a notice at both terminals on the day of the meeting was not enough. A typo that prevented the city auditor from receiving the notice, plus failure to alert the official newspaper, was not…
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…
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…
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 a public flood-control authority sets up a private dispute-review board to handle construction disputes, do open meeting laws apply?
Yes. The Metro Flood Diversion Authority is a public entity. Its Technical Dispute Review Board, set up by contract with a private developer to resolve construction disputes, is a committee of the MFD…
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…
Is a county historical society subject to North Dakota open meetings law, and what counts as proper meeting minutes?
Yes, the Emmons County Historical Society is a public entity because it receives Emmons County funding and is recognized under N.D.C.C. § 11-11-53. The president's 'personal notes' from three monthly …
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 public body call a special meeting on five minutes' notice and still comply with open meetings law?
Yes. The Stanley Rural Ambulance District announced a special meeting only five minutes before it started, but it met the notice requirements because the public and the local newspaper were notified a…
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 majority of county commissioners show up to an internal department meeting and listen to county business, does that count as a Commission meeting requiring public notice?
Yes. The ND AG held the Wells County Commission violated open meetings law when three of its five members attended a 'Departments Meeting' on February 24, 2022, that included discussion of county busi…
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…
If county commissioners meet one-on-one with the same official to discuss the same project, does that violate North Dakota's open meetings law?
Yes. The North Dakota Attorney General held the Billings County Commission violated open meetings law when its three commissioners met individually, on the same day, with the NDDOT director about the …
What notice does a North Dakota township board have to give before holding a special meeting?
The AG concluded the Butte Township Board violated North Dakota's open meetings law for three special meetings. Notice has to be filed with the county auditor, posted at the meeting location on the da…
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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.