Oct 21, 2006 - 02:06:43 CDT
The Board of Higher Education's faculty adviser has the right to attend any closed meetings the board holds, Attorney General Wayne Stenehjem says.Although the North Dakota Constitution does not count the adviser as a board member, a state law gives him or her the right to attend board sessions at which confidential matters are discussed, the attorney general said in an opinion Friday.
Three Democratic state legislators - Minot Sen. Tom Seymour, Grand Forks Rep. Eliot Glassheim and Mayville Rep. Lee Kaldor - had requested Stenehjem's legal opinion on the question.
The issue arose during a June meeting in Williston, during which Stenehjem met with board members privately to discuss a possible lawsuit against the NCAA. North Dakota's open meetings law allows boards to close meetings to discuss lawsuits with their attorneys.
The discussion was about the University of North Dakota's desire to contest NCAA penalties if the school continued using its Fighting Sioux sports nickname. The lawsuit was filed Oct. 6 in state district court in Grand Forks.
The board's faculty adviser, John Pederson, a Mayville State University professor, was barred from attending the meeting with Stenehjem. Pat Seaworth, the university system's general counsel, said only board members were allowed to attend closed sessions.
Stenehjem's opinion Friday said Seaworth's conclusion that Pederson was not a board member was correct. However, a state law gives the adviser the right to attend all board meetings, including executive sessions, Stenehjem said.
The Board of Higher Education has eight voting members, all of whom are appointed by the governor. Seven members are appointed to four-year terms, while the eighth is a student representative, who serves for one year. Their positions are established in the state constitution.
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