Devils Lake City Commission
AGO 2017-O-3
No. 2017-O-03
North Dakota Attorney General Opinions
May 12, 2017
CITIZEN'S REQUEST FOR OPINION
This
office received a request for an opinion under N.D.C.C.
§ 44-04-21.1 from Eric Arndt (KZZY Radio), Chuck
Wickenhofer (Devils Lake Journal), and April Baumgarten
(Grand Forks Herald) asking whether the Devils Lake City
Commission violated N.D.C.C. § 44-04-19 by holding an
unauthorized executive session.
FACTS
PRESENTED
The
Devils Lake City Commission (Commission) held a regular
meeting on April 3, 2017.
1 During the meeting, the Commission
entered into an executive session for negotiation strategy
and instruction and to review the City Police
Department's Operations Assessment report.
[2] The report was a
result of concerns brought forward regarding Chief Schroeder
and Captain Barnett of the Devils Lake Police Department. The
Human Resource Consultant interviewed and reviewed
questionnaires from staff and officers within the Police
Department to create the report.
3 The executive session lasted
approximately an hour and a half. After reconvening the
public meeting, the Commission passed a motion to place Chief
Schroeder and Captain Barnett on administrative leave, with
pay, "pending further investigation and Commission
action on the operations assessment."
[4]
ISSUE
Whether
the executive session held during the April 3, 2017, regular
meeting was authorized by law.
ANALYSIS
All
meetings of the Commission must be open to the public unless
otherwise specifically provided by law.
[5] The Commission
closed its April 3, 2017, meeting for negotiation strategy
and instruction pursuant to N.D.C.C. § 44-04-19.1(9)
which states:
A governing body may hold an executive session under section
44-04-19.2 to discuss negotiating strategy or provide
negotiation instruction to its attorney or other negotiator
regarding litigation, adversarial administrative proceedings,
or contracts, which are currently being negotiated or for
which negotiation is reasonably likely to occur in the
immediate future. An
...