City of Arnegard
AGO 2019-O-3
No. 2019-O-03
North Dakota Attorney General Opinion
April 11, 2019
ISSUED
TO: City of Arnegard
OPEN RECORDS AND MEETINGS SUMMARY OPINION
CITIZEN’S
REQUEST FOR OPINION
This
office received a request for an opinion under N.D.C.C.
§ 44-04-21.1 from Chief of Police Troy White Owl asking
whether the City of Arnegard violated N.D.C.C. §
44-04-20 by failing to notice committee meetings.
FACTS
PRESENTED
On
October 16, 2018, the City Council of Arnegard formed an
employee committee to assess and report on the City’s
personnel policies and employee conduct.[1] As of the date for the
request of the opinion, the committee had held two meetings
via teleconference, on October 24 and October 30,
2018.[2] No meeting agendas were prepared nor
were notices provided for these two meetings.[3]
ISSUE
Whether
the City of Arnegard violated open meetings law by failing to
post notice of its employee committee meetings.
ANALYSIS
“Meetings”[4] of a “governing
body”[5] of a “public
entity”[6] must be open to the public with
notice provided in substantial compliance with N.D.C.C.
§ 44-04-20.[7] Committees delegated any part of
public business by governing bodies are subject to the same
open meetings law, including the notice requirements of
N.D.C.C. § 44-04-20.[8] The employee committee failed to
provide an agenda or post notice of its meetings and
therefore violated open meetings law.
CONCLUSION
The
City of Arnegard violated open meetings law when it failed to
post notice of its employee committee meetings.
STEPS
NEEDED TO REMEDY VIOLATION
The
employee committee must provide copies of the employee
committee minutes to Mr. White Owl, and anyone else
requesting them, free of charge. The City Council should also
review the open meetings law information, available on the
Attorney General’s website, to familiarize itself with
the requirements of the law.
Failure
to...
