The North Dakota Attorney General issued an opinion to the Mercer County Commission

26 Jun The North Dakota Attorney General issued an opinion to the Mercer County Commission

June 26, 2026

_{Media Contact: Suzie Weigel, 701.328.2210}

Request: Marv Schwehr requested an opinion from this office under N.D.C.C. § 44-04-21.1 regarding whether the Mercer County Commission (Commission) violated N.D.C.C. §§ 44-04-20, 44-04-19 .2, and 44-04-19 by failing to properly notice an executive session, failing to properly describe the legal authority for an executive session, and holding an unauthorized executive session.

CONCLUSIONS
1. The Commission failed to provide adequate notice of the topics to be discussed in the executive session of the July 6, 2023, meeting in violation ofN.D.C.C. § 44-04-20.
2. The Commission failed to provide adequate notice of the legal authority for the executive session before entering into an executive session during the July 6, 2023, meeting in violation ofN.D.C.C. § 44-04-19.2.
3. The Commission lacked legal authority to hold an executive session for the topics discussed during the July 6, 2023, meeting.

STEPS NEEDED TO REMEDY VIOLATION
The Mercer County Commission must correct its minutes from the July 6, 2023, meeting to include the discussion from the executive session. The Commission must also disclose the recording of the July 6, 2023, executive session to Marv Schwehr and any member of the public upon request, and at no charge.

While I have every reason to expect the Mercer County Commission will remedy this situation, failure to take the corrective measures described in this opinion within seven days of the date this opinion is issued will result in mandatory costs, disbursements, and reasonable attorney fees if the person requesting the opinion prevails in a civil action under N.D.C.C. § 44-04-21.2.46 Failure to take these corrective measures may also result in personal liability for the person or persons responsible for the noncompliance.

Link to opinion

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