Devils Lake City Commission, 051217 NDAGO, AGO 2017-O-3

Case DateMay 12, 2017
CourtNorth Dakota
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
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