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2012 North Dakota Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagnd0043 and id is 1 raw text is: OPEN RECORDS AND MEETINGS OPINION 2012-0-01 DATE ISSUED: January 19, 2012 ISSUED TO: McIntosh County Commission CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Francis Materi on behalf of The Wishek Star asking whether the McIntosh County Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting that was not preceded by public notice. FACTS PRESENTED The McIntosh County Commission (Commission) is a three-member commission. On October 3, 2011, Commission chairman Ronald Meidinger and a county employee, road supervisor Dennis Glas,' were checking flood-damaged roads when they were approached by an employee of William Smith Asphalt Paving. The paving company employee offered to perform some road patchwork and paving for the county that same day. Commissioner Meidinger agreed to have the work done and the asphalt company immediately began to repair a damaged highway and pave the parking lot behind the courthouse. The following day, the Commission held its regular meeting and road supervisor Glas explained to the other Commissioners that the asphalt paving company had approached him and Commissioner Meidinger on October 3, 2011. Supervisor Glas informed the Commission of the work estimates2 and the Commission unanimously approved the projects.3 ISSUE Whether the Commission held a meeting that was not preceded by public notice. 1 The road supervisor is not a member of the Commission. 2 The estimate for the highway repair was $48,000 and the estimate for the parking lot aving was $34,000. Minutes, McIntosh Cnty. Comm'n, Oct. 4, 2011.

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