Belcourt School District #7 Board of Education
AGO 2019-O-11
No. 2019-O-11
North Dakota Attorney General Opinion
July 2, 2019
ISSUED
TO: Belcourt School District #7 Board of Education
CITIZEN’S
REQUEST FOR OPINION
This
office received a request for an opinion under N.D.C.C.
§ 44-04-21.1 from Chris Cerney asking whether the
Belcourt School District #7 Board of Education violated
N.D.C.C. § 44-04-20 by failing to provide notice of
meetings.
FACTS
PRESENTED
The
Belcourt School District Board of Education considered a
superintendent evaluation report at a special meeting on
March 12, 2019.1 Prior to this meeting, and pursuant to
School Board policy, members were given an evaluation form to
fill out, individually, to provide ratings for the
superintendent in ten performance areas.2 Each Board member
then provided their individual ratings to the school’s
secretary and business manager, who compiled the individual
ratings and comments into one document.3 This document was
presented for the Board to review and approve at the March
12, 2019, special meeting.4 The Board denied having any
discussions involving the superintendent evaluation outside
of the March 12, 2019, meeting.5
ISSUE
Whether
the Belcourt School District Board of Education held
“meetings” regarding a superintendent evaluation
in violation of open meetings law.
ANALYSIS
Except
as otherwise specifically provided by law, all
“meetings”6 of a governing body of a public entity
must be open to the public,7 preceded by sufficient
public notice in compliance with N.D.C.C. § 44-04-20,
and minutes must be taken in compliance with N.D.C.C. §
44-04-21. A “meeting” occurs when a
“quorum”8 of a “governing
body”9 is present and its “public
business”10 is considered or
discussed.11 When a series of conversations
regarding public business between members of a governing body
collectively involve a quorum, it is considered a meeting
subject to open meetings law, whether such conversations
happen in person, via telephone, or other electronic
means.12
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