Bismarck Tribune - Bismarck News - Attorney general says Mandan City Commission violated open meeting rules

Attorney general says Mandan City Commission violated open meeting rules

Aug 04, 2007 - 04:03:13 CDT

By JONATHAN RIVOLI
Bismarck Tribune

The Mandan City Commission violated North Dakota's open meetings law by holding improper executive sessions and not answering public document requests in a timely fashion, Attorney General Wayne Stenehjem said Friday.

Stenehjem, in an opinion requested by Mandan resident Susan Beehler, said the city violated the law by holding improper executive sessions on three occasions in February and March. An executive session on Feb. 6 went beyond the scope of its announced intent, while sessions on March 6 and March 20 were preceded by notices that were too vague as to the session's intent.

Executive session, a term in public meetings law, describes a portion of a public body's meeting that is held in private. Usually, such sessions are held to discuss sensitive issues such as personnel decisions or negotiation strategy.

Stenehjem found that Mandan was also in violation for prolonging a public records request from Beehler by trying to obtain outside records, instead of telling her that the city did not have the records she sought, the decision found.

Mandan has seven days to remedy the situation by issuing revised records of what happened during the improper executive sessions.

Mandan City Administrator Jim Neubauer said the city intends to immediately take these steps and will be more careful to follow public records law in the future.

"Obviously, we thought what we were doing was proper, otherwise we wouldn't have been doing it," he said.

Beehler, a community activist and former mayoral candidate in Mandan, is a frequent observer and participant in the city's government meetings. She did not return a phone call for comment Friday afternoon.

Beehler also sought opinions on a Jan. 29 incident where she was prevented from finishing her testimony before the commission and a separate public records requests. Stenehjem found the city to be in compliance on these area.

Mandan's main area of noncompliance centered around the three executive sessions, the opinion said.

A Feb. 6 executive session was held to discuss negotiation strategies on a contract to demolish two buildings. Although this was proper use of an executive session, the conversation drifted into other topics including the sale of another building and a new title insurance company that should have been discussed in public.

"It is my opinion that the discussion held during the closed portion of the Feb. 6 meeting was not limited to that authorized by law to be held in executive session," Stenehjem wrote.

The March 6 and March 20 infractions occurred when the city's notices of intent to convene an executive session to discuss contracts failed to specify which contracts would be discussed during the private meetings, the opinion found.

In addition to changes in its meeting notices, Neubauer said the city will also be more strict in making sure commissioners know what they can and cannot discuss, based on what setting they're in.

"Sometimes we just need to remind the commissioners that when they go into executive session, they can't go off and talk about other topics," he said.

(Reach reporter Jonathan Rivoli at 223-8482 or jonathan.rivoli@;bismarcktribune.com.)

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Comments

Citizen with No Rights wrote on Aug 7, 2007 9:34 AM:

" It would be nice if our Attorney General actually did something about this type of thing rather than just issue an opinion that doesn't do anything for the citizens of ND. The Attorney General - by his own website - states his sole job is to protect the State, County, and Local Governments from Citizens like you and me if we have complaints. Little does this office realize that WE ARE THE STATE!!! We pay the taxes, we are the voters and we should have rights. We should be able to have the Attorney General investigate things in our localities that we find suspicious, criminal, unjust, etc. There is a statute that says with a Petition of 25 voter's signature the AG MAY investigate (MAY - not WILL). Get a Petition, his office won't do anything other than let the official/officials that you're wanting investigated know that a Petition was given to his office and his office will give the officials copies of the Petition so the citizens can be harassed. Who in our state is supposed to protect us from our Local, County, and State officals? No one - that's who - sad state of affairs. "

concerned citizen wrote on Aug 5, 2007 9:51 AM:

" To Hobby, I just went to the website which has the 10 page opinion, it sounds like their was things going on behind closed doors which Mandan residents should have known about. A couple of building sales were discussed. Go to ndcourts.com and read for yourself. The attorney general thought it was important enough to write opinion about and the legislature thought it was important enough to have a open meetings and records law. Susan brought to their attention something that needs correction and you are trying to justify a government entity doing as they please, doesn't sound very American. Corrupt or mislead government is not good for the business community or the residents. "

Hobby wrote on Aug 5, 2007 1:35 AM:

" I do believe that the government should be honest--I just feel that Susan has talents that could be used better instead of making a big deal out of closed meetings that were not even a big deal. It would have been different if land was sold, people hired or fired, money spent, laws changed. There needs to be some accountabilty to what the officials are doing, but also for what we as "concerned" citizens are compalining about. I thinkk that Susan is just trying to make herself look better and drudge up problems for the next election. Susan should redirect her energy into making Mandan a better draw for business and people to move to, lower the teenage drinking rate, childabuse or anything else the will benefit someone other than waste time. "

u need her wrote on Aug 4, 2007 9:30 PM:

" I don't live in Mandan but chuckle reading about the city in the paper. You people obviously need Beehler to keep your local government honest. Like her or not, every town needs somebody like her. Keep on truckin Susan. "

savysac wrote on Aug 4, 2007 7:55 PM:

" Susan Beehler is fighting a losing battle. Hats off to her for trying to keep the commission on the straight and narrow, but lets face it. The good old boys club is in power and they are going to stay in power until the people of Mandan wake up, become actively involved and elect a power base of forward thinking, ethical commissioners. The only thing the current administration has done is turn Mandan into the laughing stock of the state. Bulldozing one building after another, putting up another parking lot instead of attracting new business and opportunity that will keep the next generation home. Local politics in Mandan can be described as "more of the same". People should stop their griping, get off their rear ends, and become involved, even if it means doing something as simple as voting. "

get a life wrote on Aug 4, 2007 7:54 PM:

" I am not crazy about the Mandan City Commission, but Susan needs a life. She loves to complain about everything. Some of us should just worry about ourselves. "

Accountabliity is a.... wrote on Aug 4, 2007 4:13 PM:

" good thing. Everyone in mandan needs to come together for the common goal of revitalizing mandan. I am an ex-resident and I had to leave due to the lack of substance the town offered. The potential is there. "

8675309 wrote on Aug 4, 2007 11:11 AM:

" Hobby?? This is about a city violating the LAW, not someone who needs a hobby. This is how the world gets more and more CROOKED, because of people who have the attitude that breaking a law here and there is "trivial" and violating the rights of the citizens once in a while is just "okay". The "people" in this situation that are abusing the system are NOT "Miss Beehler" but the city. Get it straight!! You want to live in a city where the officials break and bend the rules? BTW, Susan gives her diligent attention to many important issues. She has done more good for people than anyone I know. Stop cutting her down for asking that people follow the law! THANK YOU SUSAN. HATS OFF to you for looking out for the citizens ! "

Joe wrote on Aug 4, 2007 10:52 AM:

" Doesn't the City have an attorney present? shouldn't he be advising the city commission on what is proper and what is not? I don't expect these people to know every letter of the law but I do expect what ever legal consul that is representing them to know the law. I am sure if someone would check into every little detail every board or person would be doing something wrong. The lawyers need to be held accountable also. "

Trouble in MANDAN wrote on Aug 4, 2007 10:25 AM:

" It is obviously time to rid the city of its officials, and start with some decent representation. "

Trivia Questions? wrote on Aug 4, 2007 10:17 AM:

" TO Holly Hobby: Since when are VIOLATIONS of open meeting laws "trivial matters?" What are the “issues more important” than upholding North Dakota’s laws? Why do certain members the current City Commission and Administration think they can meet and decide our future behind closed doors or beneath the radar of their "fellow" Mandan Citizens? Haven’t these individuals taken an Oath of Office? Would just one of them explain here? Please? Pretty please? Pretty, pretty please? Have WE asked nice enough for you now? Have we shown you the respect you demand of us? Respect of laws these few swore to uphold is respect of the public they serve. This matter shows the disrespect some of "them" have for "US." How can we respect those who consistently disrespect us? I humbly suggest these particular members of Mandan’s Government themselves get a hobby, one called integrity, and another maybe called ethical behavior... "

Go Girl! wrote on Aug 4, 2007 10:15 AM:

" Hats off to Susan Beehler for asking those that are elected to follow the laws that they represent! I do find Susan to some times be meddling in issues, but her passion cannot be found with fault! On a much larger view, and not pointing any fingers at Mandan's leadership because i think they have been dealt a tough hand to play. I just feel that the majority of politicians are really not focusing on fixing America. I will take a bullet for my neighbors, but just feel that the political leadership won't dirty their feet other than to get re-elected. Both parties and the majority of those in other positions of proper decision making just are not creating solutions . Doesn't what happened in Minneapolis just make you sick? This is America, we have enough money to give to every freaking cause in the world, but don't fix our bridges, our parks, our roads, our homeless, our under insured, the citizens in New Orleans, our schools, the poor, the sick etc etc. Take ten minutes today and read the national news, it is amazing that the issues of America ten or twenty years ago still exist today. We need leaders that are going to make America their first choice to fix. The smoking mirrors are not covering up the major problems we have. we don't need politicians for life, we need the statesmen of the past! We as Americans need to get deeply involved in the fix. The politicians i hear today just want to get elected. We need electricians, union workers, nurses, waitresses, teachers, small business operators, people with ethics to lead the country because they will vote for the good of America, and not for the politial party lobbyists. Okay, I'll step off the soap box "

In Support of Susan wrote on Aug 4, 2007 10:06 AM:

" I think it is very important for the residents of Mandan to take note of the things that the city commission is trying to hide. Susan has every right to wake Mandan up to what is going on in their community. So we have a person who speaks up and lets us know how the city operates, is that so wrong? We need more people like Susan Beehler who is informed and wants the city of Mandan residents informed as well. Good for you Susan. Keep on what you are doing to make Mandan a better place to live. "

Hobby wrote on Aug 4, 2007 6:31 AM:

" I think that miss beehler needs a hobby---there are so many important issues out there that could use her diligent attention----we do not need to be wasting time and money on this little items--this is why the attorney's and court systems are always tied up--people are abusing the system to on these trivial matters and the important ones are on the back burner. "

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