Sunday, August 16, 2009

North Dakota Attorney General Opinion

A new Attorney General's Opinion (Open Records/Meetings) has been issued:

Opinion #: 2009-O-14
Date issued: August 14, 2009
Issued to: State Department of Health
Request: Did the Emergency Medical Services Association (EMSA) violate the open meetings laws by holding an executive session without proper legal authority to do so?
Conclusion: The EMSA is a public entity because it performs a government function as an agent of the Department of Health and it is therefore subject to the open meetings laws. The EMSA violated the law when it held an unauthorized executive session to discuss a draft audit report and consult with its attorney about the audit.

You can view this opinion at: http://www.ag.nd.gov/documents/2009-O-14.pdf

And on the Attorney General's home page at www.ag.nd.gov

EMERGENCY MEDICAL SERVICES ASSOCIATION
The Emergency Medical Services Association violated the open meetings law when it held an executive session to discuss a draft audit report from an outside auditor, concluded Attorney General Stenehjem. The EMSA is subject to the open meeting laws because it performs a government function as an agent of the Department of Health.

North Dakota Office of Attorney General
Wayne Stenehjem Attorney General

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