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Morton and Burleigh county commissions enter closed session on ongoing litigation
Summary
On Oct. 31, 2025 the Morton County and Burleigh County commissions met jointly in Bismarck and voted unanimously to go into an executive session under NDCC 44-04-19.1(9) for attorney consultation and negotiation strategy on ongoing litigation; the closed session ran from 9:04–10:03 a.m., and the meeting adjourned upon reconvening.
Burleigh County Chair Bittner called a joint meeting of the Morton County and Burleigh County commissions to order at 9:00 a.m. Oct. 31, 2025, in the Burleigh County Commission Room in Bismarck.
The commissions voted to move into executive session for "attorney consultation and negotiation strategy for ongoing litigation" under North Dakota Century Code 44-04-19.1(9) after Commissioner Woodcox made the motion and Commissioner Morrell seconded. The minutes record "All voting aye, motion carried." The closed session began at 9:04 a.m.
The executive session attendance listed commissioners from both counties along with county auditors, the two sheriffs, the Burleigh County states attorney and outside counsel identified in the minutes as Attorney King. The minutes do not disclose what was discussed in the closed session; the record states only the statutory basis for holding it. The executive session was adjourned at 10:03 a.m.
The joint meeting was reconvened at 10:03 a.m., and Chair Bittner immediately adjourned the joint meeting at 10:03 a.m. The minutes are signed by Nathan Boehm, Chairman, Morton County Commission, and Dawn R. Rhone, County Auditor.
No public actions, votes on ordinances, or substantive open-session deliberations were recorded in the minutes other than the procedural motion to enter the executive session and the adjournment. The statute cited in the minutes, NDCC 44-04-19.1(9), authorizes closed sessions for attorney consultation and negotiation strategy in certain circumstances; the minutes provide no additional detail about next steps or public disclosures relating to the litigation.
