AGO 81-032.

• Case Date: March 26, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-032. OPINION 81-32Date Issued: March 26, 1981 (AGO 81-32) Requested by: Senator Rolland W. Redlin- QUESTIONS PRESENTED - Whether officials who are designated as ex officio members by statute are to be included as part of the total number of members of those certain boards and commissions under section 54-07-01.2 of the North Dakota Century Code of which a new governor is entitled to appoint a simple majority. Whether the Senate is required by section 54-07-01.2, N.D.C.C., to confirm the ex officio members of certain boards and commissions.- ATTORNEY GENERAL'S OPINION - It is my opinion that officials who are designated as ex officio members by statute are to be included as part of the total number of members of those certain boards and commissions under section 54-07-01.2, N.D.C.C., of which a new governor is entitled to appoint a simple majority. It is my further opinion that the Senate is not required to confirm the ex officio members of certain boards and commissions set forth in section 54-07-01.2, N.D.C.C. - ANALYSIS - I. Section 54-07-01.2, N.D.C.C., grants a new governor broad powers in appointing a simple majority of the membership of various boards and commissions set forth in that section. The membership of these various boards and commissions is determined by the appropriate section of law establishing the board or commission. Several of these boards and commissions have state officials designated as members by the statute creating the board or commission. These officials are members of the board or commission regardless of whether or not they are ex officio members. An ex officio member of a board is by definition a member of a board. "Ex officio" simply means that the member serves by virtue of an office held. See, State ex rel. Hennepin County v. Brandt, 31 N.W.2d. 5, (Minn. 1948), and Black's Law Dictionary. An example is the State Historical Board. Under section 55-01-01, N.D.C.C., the board consists of sixteen persons. Nine persons are appointed by the Governor with the consent of the Senate. The other seven members are designated in the statute including the Secretary of State, the State Engineer, the State Highway Commissioner, the State Forester, the State Game and Fish Commissioner, the Director of the State Library Commission, and the State Treasurer...