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2020 Op. N.D. Att'y Gen. 1 (2020)

handle is hein.sag/sagnd0099 and id is 1 raw text is: 











                  OPEN  RECORDS   AND  MEETINGS  OPINION
                                 2020-0-01


DATE  ISSUED:    February 6, 2020

ISSUED  TO:      North Dakota State Board of Accountancy

                      CITIZEN'S REQUEST  FOR  OPINION

This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mark
Larson asking whether the North Dakota State Board of Accountancy violated N.D.C.C.
§§ 44-04-18 and 44-04-20 by failing to properly notice a meeting and withholding
requested records.

                            FACTS  PRESENTED

The North Dakota State Board of Accountancy (NDSBA) held a special meeting on
November  5, 2019, to receive a litigation update and provide input on moving forward
with a disciplinary case.

In order to schedule the meeting, the Board's executive director sent an email to all
Board members  on  October 22, 2019, asking for availability and proposing some
meeting dates and  times.1  Board members  responded  to the email with their
availability2 and a meeting was ultimately scheduled for November 5, 2019, at 1:00 PM.
The meeting notice was posted at the Board's office, which was also the location of the



1 Email from Mandy Harlow, NDSBA Exec. Dir., to all NDSBA Board members and Tara
Brandner, Asst. Att'y Gen., (Oct. 22, 2019, 1:06 PM).
2 Emails from Michael Schmitz, NDSBA member, to Mandy Harlow, NDSBA Exec. Dir.
(Oct. 22, 2019, 1:34 PM and 2:29 PM); Email from Tara Brandner, Asst. Att'y Gen., to
all NDSBA  Board members  (Oct. 22, 2019, 1:23 PM); Email from Mandy Harlow,
NDSBE   Exec. Dir. to all NDSBA Board members and Tara Brandner, Asst. Att'y Gen.
(Oct. 22, 2019, 1:38 PM); Email from Faye Miller, NDSBA member, to Mandy Harlow,
NDSBA  Exec. Dir. (Oct. 22, 2019, 1:40 PM); Email from Laura Adair, NDSBA member,
to Mandy  Harlow, NDSBA  Exec. Dir. (Oct. 22, 2019, 1:41 PM); Email from Tara
Brandner, Asst. Att'y Gen., to Mandy Harlow, NDSBE Exec. Dir. (Oct. 22, 2019,
1:41 PM); Email from Nici Meyer, Asst. Att'y Gen., to all NDSBA Board members
(Oct. 22, 2019, 2:37 PM).