Open Meeting Law Allegations | Video

Kristin Clouston | 3/14/2013

The attorney for Higher Ed Chancellor Ham Shirvani and the State Board of Higher Education says they did not break open meeting laws. Last week, board member Sydney Hull accused Shirvani and other board members of misconduct, so President Duane Espegard asked the university system`s attorney to look into it. The board held a special meeting today so attorney Claire Holloway could share her report with them.

One of the main allegations was Shirvani and board members had a phone conversation October 29 that should have been posted. They talked about tuition at Minot State and the 2013-2015 budget, but no decisions were made.

"We`re going to correct it and put an agenda and minutes of that phone call online and that is a conservative interpretation of the state laws, but we want to make sure we are complying fully with them," Holloway said.

She said the open meeting violation allegations were mostly aimed towards Dr. Shirvani, when in fact they are the obligation of the board. "Other allegations include issues regarding public comment sessions, policy changes that the board has made, the chancellors resume the IT building and others."

Holloway says she used readily available facts from the state website. "I was able to put the allegations to rest."

She described most of the allegations raised by Hull as factually incorrect. "The materials he presented were from unnamed sources, some allegations that were basically retelling of second hadn comments from unidentified persons."

Shirvani says he just wants to move forward. "I`m relieved this political distraction is over so we can get on with our business which is focusing on student success."

He says he wants to work on lowering tuition and fees while building the university system.

You can read the 200 page report in its entirety on the board`s website at www.ndus.edu.

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