Ask NDLC

Under N.D.C.C. § 44-04-21(2), the minutes of a governing board must include:

• The names of the members attending the meeting;
• The date and time the meeting was called to order and adjourned;
• A list of topics discussed regarding public business;
• A description of each motion made and whether the motion was seconded;
• The results of every vote taken; and
• The vote of each member on every recorded roll call vote.

(June 2026)

If a contract for the construction of a public improvement is estimated to exceed $250,000, the city or park district governing body must advertise for bids in accordance with NDCC ch. 48-01.2. (Sept/Oct 2026)

The threshold for bidding the construction of a public improvement and for procuring plans, drawings, and specifications from an architect or engineer is $250,000. (NDCC 48-01.2-02.1).
When must a city or park district obtain plans from an architect or engineer?

If the estimated cost for constructing a public improvement exceeds $250,000, the city or park district governing body must procure plans, drawings, and specifications from an architect or engineer. (NDCC 48-01.2-02).

Even when a project does not exceed the $250,000 threshold, a city or park district should consider whether engineering or architectural services are needed to protect the health, safety, or welfare of the public. If there is reason to believe those services are necessary, the governing body should consider consulting with an engineer or architect. (NDCC 48-01.2-02.1). (Sept/Oct 2026)

A “public improvement” is an improvement undertaken by a city or park district governing body for the good of the public, paid for with public funds—including public loans, bonds, leases, or alternative funding—and constructed on public land, within a public building, or as part of public infrastructure or a public facility if the improvement will be operated and maintained by the governing body. (NDCC 48-01.2-01(21)). (Sept/Oct 2026)

“Construction” means building, altering, repairing, improving, or demolishing a public structure, building, or other improvement to public property. The definition does not include routine operation or maintenance of existing facilities, structures, buildings, or real property, or demolition projects costing less than $250,000. (NDCC 48-01.2-01(4)). (Sept/Oct 2026)

Generally, NDCC ch. 48-01.2 applies when a city or park district is constructing a public improvement. The chapter sets out requirements for plans, specifications, bidding, advertising, contracts, and related procedures for public improvement projects. (Sept/Oct 2026)

Regardless, the form of government, the minimum size for a city governing board is four members.

Here is how that total is calculated under each form of government:

• Mayor-Council: The board consists of the mayor and at least three council members. (NDCC 40-08-02, 03)
• Modern Council: The board consists of four members, one of whom serves as the mayor. (NDCC 40-04.1-01)
• Commission: The board consists of the commission president and at least three city commissioners. (NDCC 40-09-01)

(January 2026)

In case of a tie vote for any municipal office, a recount must be conducted pursuant to NDCC section 16.1-16-01. If the recount results in a tie vote, the choice must be determined by a drawing of names in the presence of the governing body of the city in such manner as it directs. A candidate involved in a tie vote may withdraw in writing before the drawing. To withdraw his or her name, the candidate must sign a statement to that effect in the presence of and have it witnessed by the filing officer of the election. (NDCC 40-21-17) (March 2026)

Newly elected city and park district officials take office July 1st once they have their oath of office filed with the city auditor. (NDCC 40-14-03, 40-15-03, 40-49-05) In other words, even though the city and the park district organizational meetings may not occur until later in July, the newly elected individuals are the members of the city council, city commission, or park district on July 1 as long as their oaths of office are filed with the city auditor. (March 2026)

Generally, these dollars may be used for the “construction, reconstruction, repair, and maintenance” of public streets. Common examples include:

• Paving and Resurfacing: Asphalt overlays, pothole patching, and full street reconstructions.
• Traffic Control: Installation and maintenance of traffic signals, street signs, and pavement markings (striping).
• Snow Removal: Equipment purchases and operational costs for clearing city streets.
• Bridge Maintenance: Structural repairs or replacement of city-owned bridges and culverts.

ND Atty. Gen. Op. 84-33 and NDCC 54-27-19. (April/May 2026)

Yes. Highway tax distribution funds must be placed in a separate fund for accounting purposes to ensure they are tracked and used only for allowable purposes. Note that this does not require the city to maintain a separate bank account, but rather a distinct fund within the city’s accounting system. (April/May 2026)

Under NDCC § 54-27-19, cities receive a monthly allocation from the Highway Tax Distribution Fund. These funds are generated from fuel taxes and a portion of motor vehicle registration fees. Additionally, beginning in 2025, 25% of the motor vehicle excise tax was added to the fund. These dollars are constitutionally protected and must be used exclusively for “highway purposes.” (April/May 2026)

Yes. N.D.C.C. § 40-01-09.1 allows for the publication of “the complete minutes, or a complete summary showing the substantive actions taken at the meeting.” Many cities choose to publish only the required elements and exclude any discussion to save space.

A summary of the minutes must include:

• The names of the members attending the meeting;
• The date and time the meeting was called to order and adjourned;
• A list of topics discussed regarding public business;
• A description of each motion made and whether the motion was seconded;
• The results of every vote taken;
• The vote of each member on every recorded roll call vote but this can be denoted as unanimous when appropriate; and
• A list of checks, the payee and the amount.

Note the list of checks only includes paper checks, not ACH/electronic payments. Additionally, employee salary checks do not need to be included if the city publishes an annual salary schedule. (June 2026)

The minutes can be labeled as being published subject to the governing body’s review and revision. (June 2026)

This is decided by the voters. According to N.D.C.C. § 40-01-09.1, every four years (beginning in 1996), cities must put the question of whether minutes should be published in the official newspaper on the ballot. If the voters vote yes, the minutes must be published until the question is on the ballot again. The next mandatory vote for this question will occur in 2028. (June 2026)

No. N.D.C.C. § 44-04-21(2) states that minutes, once drafted, must be available to the public even if they have not yet been approved by the governing body. (June 2026)

Cities and park districts must express levy comparisons in dollar amounts rather than mills when communicating tax levy changes to the public (N.D.C.C. 57-15-01). (July 2026)

At the budget hearing, the governing body reviews the preliminary budget, receives public input, and may make adjustments. However, it may not exceed the totals in each fund set forth in the preliminary budget (N.D.C.C. 40-40-08; 40-40-09). (July 2026)

By August 31 each year, the county must provide written notice to the owner of each taxable parcel identifying the date, time, and location of the public budget hearing for each taxing district in which the parcel is located (N.D.C.C. 57-15-02.2). (July 2026)

Cities and park districts must provide the county auditor with the date, time, and location of their budget hearing no later than August 10 each year (N.D.C.C. 40-40-06). If this information is not submitted by the deadline, the city or park district is limited to levying no more in dollars than it levied in the previous year (N.D.C.C. 57-15-02.2). (July 2026)

The budgeting process formally begins with preparation of the preliminary budget statement, which must be completed on or before August 10 each year (N.D.C.C. 40-40-04). (July 2026)

North Dakota cities and park districts operate on a calendar-year fiscal cycle that runs from January 1 through December 31 (N.D.C.C. 40-40-03). (July 2026)

Yes. North Dakota law permits limited fees for responding to records requests.

Under NDCC 44-04-18(2) and (3), a public entity may charge: Up to 25 cents per page for standard letter- or legal-size paper copies.

• Up to $25 per hour for locating records after the first hour, which must be provided at no charge.
• Up to $25 per hour for redacting exempt or confidential information after the first hour.
• Actual technology costs when extensive electronic retrieval is necessary.

The city or park district may require payment of estimated costs before processing the request or releasing the records. NDCC § 44-04-18(2) and (3). (August 2026)

If access to a record is denied, the city or park district must provide the specific legal authority supporting the denial. The response should cite the applicable statute or other legal basis for withholding the record. (NDCC 44-04-18(7)).

Additionally, if a requested record cannot be found after a reasonable search, the requester needs to be informed of that fact. (August 2026)

If access to a record is denied, the city or park district must provide the specific legal authority supporting the denial. The response should cite the applicable statute or other legal basis for withholding the record. (NDCC 44-04-18(7)).

Additionally, if a requested record cannot be found after a reasonable search, the requester needs to be informed of that fact. (August 2026)

Records must be made available within a reasonable amount of time. What is reasonable depends on the complexity of the request, the volume of records involved, and the workload of the office. Cities and park districts should keep requesters informed if additional time is needed and may provide records in installments while continuing to gather responsive documents. (NDCC 44-04-18). (August 2026)