The North Dakota Supreme Court has upheld the dismissal of a lawsuit filed against the Bismarck-Mandan Symphony Orchestra by a former employee.

However, the opinion released Tuesday by the state's high court gives Linda Olsrud the opportunity to refile her complaint against the association.

Olsrud, of Bismarck, was the symphony's marketing and grants employee from September 2003 to Aug. 24, 2005. Al Wolf, former symphony president, said in a past interview that Olsrud's job disappeared after the symphony moved Susan Lundberg, the symphony's full-time executive director, into the role of fundraising consultant.

Prior to filing her lawsuit in April 2006, Olsrud requested an opinion from the North Dakota attorney general regarding whether the symphony was a public entity subject to open records and meetings law - and, if it was, whether it had violated laws by holding "secret" meetings. Olsrud also wondered whether the symphony violated the law by failing to provide requested records and by failing to provide her with notices of its meetings.

Attorney General Wayne Stenehjem ruled in a Feb. 21, 2006, opinion that the Bismarck-Mandan Orchestral Association, also known as Bismarck-Mandan Symphony Orchestra, is a public entity because it is supported in part by public funds.

He said the association did not violate open records law by refusing to provide copies of personnel records because such nonprofit corporations are exempt from open-records law, but he concluded the association violated state law by refusing to give her copies of other requested records with confidential and personnel information redacted.

In Olsrud's lawsuit filed in April 2006 against the symphony, she asked for reinstatement as well as reinstatement for "any other employees terminated as a result of the illegal meetings."

South Central District Judge Thomas Schneider dismissed Olsrud's suit with prejudice in 2006, which means she could not refile it in district court. The case was appealed to the Supreme Court.

The case was dismissed because of the symphony's contention that Olsrud served papers improperly on the symphony by trying to serve the wrong people, symphony attorney Gary Wolberg and then-president Wolf, instead of its registered agent, Karen daSilva.

During March arguments before Supreme Court justices, Olsrud's attorney, Deb Carpenter, argued that Wolberg had been served because he had been the symphony's registered agent during Olsrud's administrative process. When informed that Wolberg was the incorrect person to serve, she attempted to serve the papers to Wolf.

Carpenter said she received a letter indicating Wolf, who was in Arizona at that time, was unavailable to accept service. She believed that refusal of service was the equivalent of service.

Carpenter was out of the office Tuesday afternoon and unavailable for comment.

Supreme Court Justice Mary Maring wrote the court's opinion, which upheld Schneider's dismissal of Olsrud's suit.

However, the opinion reversed the dismissal to one without prejudice, which means Olsrud can refile the lawsuit.

Wolberg said Tuesday that the North Dakota Century Code sets out time limits in which someone can file a lawsuit over the state's open records and meetings law. A person has 30 days after an attorney general's opinion to file a suit, which means time may be up for Olsrud to file a suit against the symphony.

He said the issue will have to be sorted out by the courts if Olsrud chooses to file the complaint again.

"Our contention is that no cause of action was properly commenced within 30 days," he said.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)