An unusual situation developed at the Burleigh County Water Resource District board meeting last week.

Most people interested in North Dakota's local government realize there is a state law requiring a meeting notice any time a quorum of elected officials gather. Officials often go to great lengths to make sure that a quorum doesn't "accidentally" occur, particularly at an event that several members of the same board have been invited to or are interested in.

Mandan city commissioner Dan Ulmer often brings up the issue that the commission has to be careful that a quorum doesn't occur during a Mandan parade.

The commission was taken to task a few times by the attorney general's office last year over open records-open meetings law violations, which makes it a touchy subject.

Well, at last week's water board meeting a quorum of the Burleigh County Commission "accidentally" took place when commissioners Doug Schonert, Marlan Haakenson and Jerry Woodcox all decided to attend. Woodcox did point out that the water board meeting was noticed.

Question is, does a water board meeting notice apply to a quorum of the county commission. In my handy-dandy guide for public officials for North Dakota's open records and open meetings it states:

"As used in the open meetings law, the term 'meeting' means any gathering of a quorum of the members of a governing body of a public entity regarding public business. The form of the gathering is irrelevant.

"The only time a gathering of a quorum of members is not a meeting is if it is a purely social gathering - as soon as public business is discussed, it becomes a meeting."

Schonert is a regular since he holds the water district's portfolio. Haakenson was there to work out a deal allowing the county park board to use equipment owned by the water district for use at the McDowell Dam Recreation Area.

And Woodcox, who walked in late, said he was there because of his interest in an agenda item regarding the water board's contracting with the Bismarck park district for management of McDowell. Woodcox added that he'd never been to a water board meeting, so he was interested on what was happening.

After a few raised eyebrows and knowing glances it was ascertained that the ground wasn't going to break open and swallow the meeting's participants.

Each of the commissioners went to separate areas -Woodcox near the south wall, Schonert the north and Haakenson the west - making sure there wasn't going to be any discussion that might be misinterpreted by the ever vigilant media in attendance - me.

Things went along quietly until water board member Terry Fleck tried to poll them on what they thought about a proposal to divert water from the Missouri into Apple Creek via the McClusky Canal. Haakenson indicated it was an interesting proposal. Schonert, noting that there was a quorum of the county commission, thought it was best that he not answer the question and Woodcox remained silent.

I can attest that nothing "fishy" went on among the commissioners. I kept waiting for a special task force from the attorney general's office to break in on the proceedings and take the offending commissioners away in handcuffs, but that never materialized and the meeting went uninterrupted by any potential power struggle between the electeds and their appointees.

So Dan, I think a Mandan parade could go on even though a quorum of the commission was unintentionally present without prior notification. But, just to make sure, the commissioners should probably keep their hands in their pockets, avoid eye contact and absolutely no talking to each other, even if it is just a comment on how loud the fire trucks' horns are this year.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@bismarcktribune.com.)