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2002 North Dakota Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagnd0038 and id is 1 raw text is: OPEN RECORDS AND MEETINGS OPINION
DATE ISSUED:    January 10, 2002
ISSUED TO:      Wade Enget, Tioga City Attorney
On December 12, 2001, this office received a request for an opinion under N.D.C.C.
§ 44-04-21.1 from Steve Andrist on behalf of the Tioga Tribune asking whether the Tioga
City Commission violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by holding an executive
session on December 3, 2001, that was not authorized by law or held in compliance with
required procedures.
The Tioga City Commission (City) held an executive session during its meeting on
December 3, 2001. Prior to holding the executive session, the perso presiding over the
meeting announced: At this time, I think we'll recess into executive session compliant with
Century Code 44-04-19.1 in the matter of Officer Rudnick. Meeting of Tioga City
Commission (Dec. 3, 2001). No other description of the topic of the executive session or
the legal authority for the session was provided by the City during the open portion of the
The executive session began at 7:34 PM and was tape recorded in compliance with
N.D.C.C. § 44-04-19.2(5). At the conclusion of the executive session, the City reconvened
in open session at 7:50 PM and passed a motion to terminate Officer Rudnick's
employment effective December 10, 2001. The recording of the executive session has
been reviewed by this office.
1.   Whether the Tioga City Commission violated the procedural requirements for
holding an executive session in N.D.C.C. § 44-04-19.2 by failing to vote on whether
to hold the executive session on December 3 and by failing to announce the legal
authority and topic to be considered during the executive session.

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