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

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

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

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