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2025 Op. N.D. Att'y Gen. 1 (2025)

handle is hein.sag/sagnd0107 and id is 1 raw text is: STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL www.attorneygeneral.nd.gov (701) 328-2210 Drew H. Wrigley ATTORNEY GENERAL OPEN RECORDS AND MEETINGS OPINION 2025-0-01 DATE ISSUED: January 2, 2025 ISSUED TO: Lincoln City Council CITIZEN'S REQUEST FOR OPINION Kathy Schneibel requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Lincoln City Council violated N.D.C.C. §§ 44-04-20, 44-04-19.2, and 44-04-19.1 by failing to properly notice an executive session, failing to properly announce the executive session, and holding an unauthorized executive session. FACTS PRESENTED On April 7, 2022, the Lincoln City Council held a regular meeting.' The meeting was noticed on the City ofLincoln website.2 A notice was created and posted prior to the meeting, which described the topics to be discussed in the meeting and included an executive session.3 According to the minutes, near the end of the meeting a motion was made and approved by the City Council to go into executive session, citing N.D.C.C. § 44-04-19.1(2), to consult with their attorney concerning anticipated litigation.4 According to the City Council: The topic of discussion during the executive session was related to the collection against the auditor's bond for a prior City auditor who failed to adequately discharge their duties and possible consideration of civil action against the former employee for actions taken during their employment with specific discussion on negligence in performance of their public office as required under the auditor's bond.5 No agreements, consensus, or collective decision was reached during the executive session, and when reconvened in open session, the Mayor announced that no action had been taken during the 1 Letter from Justin J. Hagel, Att'y, Vogel Law Firm, to Annique M. Lockard, Assistant Att'y Gen., Off. ofAtt'y Gen. (June 3, 2022). 3 Minutes, Lincoln City Council (Apr. 7, 2022); Letter from Justin J. Hagel, Att'y, Vogel Law Firm, to Annique M. Lockard, Assistant Att'y Gen., Off. of Att'y Gen. (June 3, 2022). 4 Letter from Justin J. Hagel, Atty, Vogel Law Firm, to Annique M. Lockard, Assistant Att'y Gen., Off. ofAtt'y Gen. (June 3, 2022); Minutes, Lincoln City Council (Apr. 7, 2022). 1 Id. Meeting minutes note that Mayor Wise and Councilmembers Schock, Praska, Volk, and Leingang were present at the meeting.

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