Joint commissions vote to file appeal, retain Attorney King after closed-session consultation

Morton and Burleigh county commissioners voted Dec. 12 to file an appeal in ongoing litigation and to retain Attorney King as counsel after meeting in executive session under a North Dakota statute that allows attorney consultation behind closed doors.

The joint meeting was called to order at 9:30 AM by Burleigh County Chair Bittner in the Burleigh County Commission Room in Bismarck. Commissioners moved into executive session at 9:34 AM "for attorney consultation and negotiation strategy for ongoing litigation pursuant to NDCC 44-04-19.1(9)," the minutes say. The executive session, which the minutes record as attended by commissioners from both counties, county auditors, sheriffs, Assistant Jail Administrator Major Wangen, Assistant Finance Director Schmidt and Attorney King, ended at 10:19 AM.

After the session, Commissioner Bakken moved and Commissioner Morrell seconded a motion "to move forward and file an appeal and keep Mr. King on as the attorney." The minutes record the result as "All voting aye, motion carried." The minutes do not provide further detail about the nature of the litigation or a roll-call vote list for that motion.

No next steps, deadlines or additional orders related to the appeal are specified in the minutes. The joint meeting continued with other business and was adjourned at 10:58 AM.