AGO 81-041.

• Case Date: April 15, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-041. OPINION 81-41Date Issued: April 15, 1981 (AGO 81-41) Requested by: Kent G. Alm, Commissioner State Board of Higher Education

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QUESTION PRESENTED - Whether the Board of Higher Education may lawfully hold an executive session, pursuant to section 15-10-17(1), N.D.C.C., to consider the performance of a college president not related to the appointment or removal of a president.- ATTORNEY GENERAL'S OPINION - It is my opinion that under section 15-10-17(1), N.D.C.C., the Board of Higher Education may lawfully meet in executive session to discuss a college president's appointment or removal, but no executive session is authorized by statute merely to engage in a general discussion of a college president's performance. - ANALYSIS - Section 15-10-17(1), N.D.C.C., states as follows:

15-10-17. SPECIFIC POWERS AND DUTIES OF BOARD OF HIGHER EDUCATION. The state board of higher education shall have all the powers and perform all the duties necessary to the control and management of the institutions described in this chapter, including the following:

1. To appoint and remove the president or other faculty head, and the professors, instructors, teachers, officers, and other employees of the several institutions under its control, and to fix their salaries within the limits of legislative appropriations therefor, and to fix the terms of office and to prescribe the duties thereof, provided that the consideration of the appointment or removal of any such personnel shall be in executive session if the board

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