Fargo City Commission - July 28, 2023 Minutes

Agreeable with a call for a Special Meeting issued by Mayor Mahoney, the Board of City Commissioners of the City of Fargo, North Dakota, convened in a Special Meeting in the City Commission Chambers at City Hall at 12:30 o'clock p.m., Wednesday, June 28, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board will retire into Executive Session for the purpose of attorney consultation regarding reasonably predictable litigation pertaining to enactment of HB 1340, and further that discussing the risks, strengths or weaknesses of an action of the public entity in open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City of Fargo. An Executive Session in accordance with North Dakota Century Code section 44-04-19.2 for said matters is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 2.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19.1 subsection 2 for the purpose of attorney consultation.

Second by Preston. All the Commissioners voted aye and the motion was declared carried.

At 12:32 o’clock p.m., the Board moved to the Red River Room to discuss said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand and Mahoney.

The Executive Session closed at 12:58 o’clock p.m. and the meeting reconvened in public session at 1:00 o’clock p.m.

Commissioner Strand moved the City Attorney be directed to initiate a lawsuit challenging NDCC Section 62.0-01-03 including any Amendment enacted by HB 1340 to the North Dakota Century Code from the 2023 ND Legislative session.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
The time at adjournment was 1:05 o’clock p.m.