Fargo commissioners enter executive session to discuss confidential economic development and litigation matters
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Summary
At a special meeting, the Fargo City Commission voted to go into executive session under North Dakota law to discuss confidential economic development records, negotiation strategy and potential litigation; commissioners reconvened but said any actions taken in the closed session remain confidential.
FARGO, N.D. — The Fargo City Commission met in a special session and voted unanimously to retire into executive session to discuss confidential records related to economic development, negotiation strategy and potential or reasonably predictable litigation.
The commission approved a motion, read aloud by Eric Johnson, to move into the Red River Room for the closed session under provisions of the North Dakota Century Code. Johnson read language authorizing the session, saying, “an executive session for this matter is authorized pursuant to North Dakota Century Code, section 44-04-19.2 subsection 1, and NDCC section 44-04-19.1 subsections 2, 5, and 9.”
The motion the commission approved listed multiple purposes for the closed session: to consider confidential records or information; to discuss economic development records and information; to provide negotiation instructions to the city’s attorney or other negotiator regarding a potential contract; and to receive the attorney’s advice on legal risks and reasonably predictable or threatened litigation. The motion also stated that discussing those matters in an open meeting would have a negative fiscal effect on the city’s bargaining or litigation position.
After the closed session, the commission returned to open meeting. A staff member stated that, because the executive session covered confidential records and information, any action taken during the session would remain confidential. The commission also said it would record only the mover and seconder and take a roll-call vote on any action that emerged from the executive session. Commissioners then recorded aye votes on the motion to go into executive session and on the action taken after reconvening; the transcript records Pepcorn, Kolpak, Strand, Turnberg and Mahoney voting “aye.”
The meeting record does not disclose the substance of the discussion or the contents of any action taken in executive session. The commission adjourned shortly after reconvening.
Why it matters: The commission invoked statutory exemptions to discuss matters it described as sensitive to bargaining and litigation. Because the meeting covered confidential economic development and legal strategy, no further public details were released at the session’s end.