Commissioners voted to retire into an executive session to discuss economic development negotiations and related legal advice, then moved into the Red River Room.

Commissioner Mahoney made the motion to "move to retire to executive session in Red River Room for the purposes of discussing economic development records information pursuant [to] North Dakota Century Code" and to discuss negotiating strategy and receive legal advice regarding a potential contract and possible litigation. Mahoney said the matters "would have a negative fiscal effect on the bargaining or litigation position" if discussed openly. "Thus, executive session for this matter is authorized," Mahoney added, citing statutory subsections as read into the record.

The motion was seconded (speaker not identified on the record). When asked for a vote, those present responded "aye," and the meeting was recessed to the Red River Room. No substantive public or open-session discussion of the economic-development proposal took place before the recess.

The commissioners identified the session's purposes on the record as: discussing economic development records; providing negotiating instructions to the city's attorney or other negotiator regarding a potential contract; and receiving the attorney's advice on legal risks and on reasonably predictable threats of litigation. The transcript indicates the city of Fargo was named in the motion's explanation.

Under the rules cited by the commissioners, certain contract negotiations and attorney-client consultations may be discussed in executive session; the motion as read referenced specific subsections of the North Dakota Century Code. The meeting record does not specify the details of the potential contract, the parties involved beyond reference to the city of Fargo, a timetable for further action, or the individual who seconded the motion. No votes on any economic-development contract or policy were taken in open session.

After the vote to recess, the chair announced the meeting would move to the Red River Room, and the open meeting adjourned. Additional deliberations and any subsequent actions or votes related to the subject were not included in the public portion of the transcript.