North Dakota Office of Attorney General

11/05/2024 | Press release | Distributed by Public on 11/05/2024 13:04

HOME RULE CITIES LACK THE STATUTORY AUTHORITY TO ENACT AN ORDINANCE REGARDING THE RECALL OF CITY OFFICERS THAT CONFLICTS WITH THE PROCESS SET FORTH IN N.D.C.C. SECTION 44 08 21

05 NovHOME RULE CITIES LACK THE STATUTORY AUTHORITY TO ENACT AN ORDINANCE REGARDING THE RECALL OF CITY OFFICERS THAT CONFLICTS WITH THE PROCESS SET FORTH IN N.D.C.C. SECTION 44-08-21

Posted at 13:01hin Opinions by Marina Khachaturyan 0 Comments

November 5, 2024

Because N.D.C.C. § 40-05.1-06 does not grant home rule charter cities the power to provide for the recall of elected city officials, a home rule charter city may not adopt an ordinance which conflicts with the process for the recall of city officers set forth in N.D.C.C. § 44-08-21.

You can view this opinion at: 2024-L-05