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2023 Op. N.D. Att'y Gen. 1 (2023)

handle is hein.sag/sagnd0104 and id is 1 raw text is: ` aT S STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov 7 (741) 328-2214 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2023-0-01 DATE ISSUED: July 27, 2023 ISSUED TO: Devils Lake Park Board CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Shane Hamre asking whether the Devils Lake Park Board violated N.D.C.C. § 44-04-20 by failing to properly notice a meeting. FACTS PRESENTED The Devils Lake Park Board (Board) held a regular meeting on December 15, 2021.' The meeting notice was posted on a bulletin board outside the Board's offices located inside the Burdick Arena.2 The agenda was sent to the Devils Lake Journal prior to the meeting.3 Shane Hamre alleged the Board's website incorrectly stated the meeting was held on November 18, 2021, and was therefore improperly noticed.4 ISSUE Whether the Devils Lake Park Board provided notice of its December 15, 2021, regular meeting in substantial compliance with N.D.C.C. § 44-04-20. ANALYSIS Public notice must be given before each meeting of a public entityi Notice of the meeting must be posted at the principal office of the governing body and at the location of the meeting on the day of the meeting.' For city-level entities, the meeting notice also must be filed, with the city E-mail from Terry Wallace, Supt. of Parks and Rec., Devils Lake Park Bd., to Annique M. Lockard, Asst. Atty Gen., Atty Gen.'s Office (Dec. 28, 2021, 11:39 AM). 2 E-mail from Terry Wallace, Supt. of Parks and Rec., Devils Lake Park Bd., to Annique M. Lockard, Asst. Atty Gen., Atty Gen.'s Office (Sept. 29, 2022, 3:56 PM). 3 E-mail from Terry Wallace, Supt. Of Parks and Rec., Devils Lake Park Bd., to Annique M. Lockard, Asst. Atty Gen., Atty Gen.'s Office (Dec. 28, 2021, 11:39 AM). As this was a regular meeting, the Board was not required to notify their newspaper, but they did so. 4 E-mail from Shane Hamre to Off. of Atty Gen. (Dec. 20, 2021, 9:40 AM). 5 N.D.C.C. § 44-04-20; see also N.D.A.G. 2022-0-12. 6 N.D.C.C. § 44-04-20(4).

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