AGO 81-010.

• Case Date: February 06, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-010. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 81-10Date Issued: February 6, 1981Requested by: Senator Wayne K. Stenehjem- QUESTION PRESENTED - Whether meetings of an advisory arbitration panel selected by a school board and a teachers' organization pursuant to their agreement to assist in teacher's contract negotiations are governed by the state's open meeting laws.- ATTORNEY GENERAL'S OPINION - It is my opinion that Article 92 of the North Dakota Constitution and sections 44-04-19 and 44-04-20 of the North Dakota Century Code apply to meetings of an advisory arbitration panel selected by a school board and a teachers' organization pursuant to their agreement. - ANALYSIS - In a previous opinion we held that: Meetings of groups connected with public agencies or institutions or groups assuming quasi-public functions should, as a matter of policy, be open to the public except in the most unusual circumstances. Attorney General's Opinion of January 4, 1967. More recently we held that an advisory committee established by executive order was a public body. That opinion involved the Judicial Nominating Committee established to assist Governor Link in the process of selecting persons to be considered for appointment to fill judicial vacancies. It is clear that the reason for the establishment of the Judicial Nominating Committee is to serve the public purpose of providing for a selection and reporting process resulting in the appointment of state judges. The Committee was established by the official and public act of the Governor by executive order as a standing committee. Its establishment and initial proceedings have been publicly reported. By terms of the Executive Order the Committee's work will be "supported in whole or in part by public funds." Attorney General's Opinion of July 27, 1979. The advisory arbitration panel in question was set up in part by the school board and used school facilities. Under North Dakota law school board negotiation sessions must be open. In a case of first impression, the North Dakota Supreme Court held that Article 92 and...