ND AG Opinion on Mandan City Commission Meeting Notice

AG: North Dakota News

Published February 27th, 2026

Detected March 18th, 2026

Summary

The North Dakota Attorney General issued an opinion clarifying that the Mandan City Commission did not violate open meetings law on September 1, 2023. The opinion concluded that no meeting occurred as only two of the five commissioners were present, rendering the notice issue moot.

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What changed

The North Dakota Attorney General issued an opinion (2026-O-05) to the Mandan City Commission regarding a potential violation of N.D.C.C. § 44-04-20 concerning the notice for a special meeting held on September 1, 2023. The opinion concluded that the Commission did not violate the open meetings law because only two of the five members attended the meeting, which is insufficient to constitute a meeting under the statute. Therefore, the adequacy of the notice was rendered irrelevant as no official meeting took place.

This opinion serves as guidance for public bodies in North Dakota regarding quorum requirements and the definition of a "meeting" under the open meetings law. While this specific instance did not result in a violation, it reinforces the importance of having a sufficient number of members present to conduct official business. Regulated entities, specifically government agencies, should ensure that all meetings adhere to statutory quorum requirements to avoid potential challenges.

What to do next

Review internal policies on meeting quorum requirements
Ensure all public meetings have a quorum of members present

Source document (simplified)

The North Dakota Attorney General issued an opinion to the Mandan City Commission.

27 Feb The North Dakota Attorney General issued an opinion to the Mandan City Commission.

Posted at 11:23h in Opinions by Scott Reisenauer 0 Comments

February 27, 2026

Media Contact: Suzie Weigel, 701.328.2210

BISMARCK, ND – Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the Mandan City Commission failed to properly notice a special meeting in violation of N.D.C.C. § 44-04-20.

In this case, only two members of the five-member Commission attended the meeting with residents on September 1, 2023. 11 Two members of the Commission are insufficient to act on behalf of the Commission, 12 and there is no indication that those members discussed the meeting with other members of the Commission. 13 Therefore, there was no meeting of the Commission on September 1, 2023, as defined in statute. Regardless of the adequacy of the notice provided, the Commission could not violate the open meetings law as no meeting occurred. I therefore conclude that the Commission did not violate N.D.C.C. § 44-04-20.

Link to opinion 2026-O-05