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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
DATE ISSUED:   January 19, 2012
ISSUED TO:     McIntosh County Commission
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.
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
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
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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