North Dakota Administrative Code Title 16.5 - Centennial Commission
Overview: What is NDAC Title 16.5 – Centennial Commission?
The Centennial Commission was a temporary state agency created to plan, organize, and oversee North Dakota’s centennial celebration—marking 100 years of statehood in 1989. Title 16.5 contains the administrative rules governing the Commission’s functions, administration, and expenditures.
Although primarily relevant to the centennial events, understanding its structure and legal framework gives insight into how North Dakota handles temporary commissions and state-sponsored celebrations.
Purpose and Scope of the Centennial Commission
To coordinate statewide activities commemorating North Dakota’s centennial anniversary.
To facilitate cooperation among local governments, businesses, and community groups.
To manage appropriated funds and sponsorships related to centennial events.
To promote educational programs about North Dakota’s history.
Administrative Authority
Statutory Basis
The Centennial Commission derives its authority from state legislation enacted by the North Dakota Legislative Assembly.
The legislation defines the commission’s creation, duration, duties, and funding sources.
The NDAC Title 16.5 codifies the procedural and operational rules that implement the legislative mandate.
Structure of the Commission
Composed of appointed members representing various state and local interests.
Includes a chairperson, administrative staff, and advisory committees.
Members typically serve fixed terms aligned with the duration of centennial activities.
Key Provisions of NDAC Title 16.5
1. Meetings and Governance
Specifies the frequency of meetings, quorum requirements, and decision-making procedures.
Requires compliance with open meeting laws to ensure transparency.
Establishes protocols for recordkeeping and public notices.
2. Financial Management
Rules governing appropriation and expenditure of funds.
Budget approval and auditing processes.
Guidelines for accepting donations, sponsorships, and grants.
Accountability for use of state funds in centennial programs.
3. Program and Event Approval
Procedures for approving local or regional centennial projects.
Criteria for funding eligibility.
Reporting requirements for funded entities.
4. Public Communication
Guidelines for publicity, promotion, and use of the centennial brand.
Standards for official materials and logos.
Relevant Legal Principles and Case Law
Although the Centennial Commission was a temporary entity with a limited mission, general administrative law and constitutional principles apply to its governance:
1. Administrative Agency Authority and Limits
Like all state agencies, the Centennial Commission may only act within the scope of its statutory authority.
Case Principle: State ex rel. Board of Administration v. Peterson, 111 N.W.2d 669 (N.D. 1961)
State agencies must adhere strictly to their enabling legislation.
Actions beyond their granted power are ultra vires and invalid.
Application: The Commission could only fund and coordinate activities related to the centennial, not other unrelated state functions.
2. Open Meetings and Transparency
Compliance with North Dakota’s Open Meetings Act ensures public access to Commission deliberations.
Case Principle: State ex rel. Sargent v. Klindworth, 270 N.W.2d 474 (N.D. 1978)
Violations of open meeting laws can invalidate agency decisions.
Application: Meetings of the Centennial Commission must be publicly noticed and open unless properly closed for limited reasons.
3. Use of Public Funds
Public funds must be expended for lawful and authorized purposes.
Case Principle: Knutson v. State Board of Higher Education, 159 N.W.2d 838 (N.D. 1968)
Misuse of public funds can result in administrative or legal sanctions.
Application: The Centennial Commission was accountable for the proper use of taxpayer money in centennial events.
4. Temporary Agency Sunset
The Centennial Commission was designed as a temporary agency with a defined sunset date.
Agencies without ongoing legislative authorization must dissolve or transition after completing their mandate.
Case Principle: State ex rel. Ness v. Thomason, 154 N.W.2d 237 (N.D. 1967)
Agencies have no authority beyond their statutory duration.
Application: After the centennial celebrations concluded, the Commission ceased operations per statutory directives.
Summary Table
| Aspect | Description |
|---|---|
| Agency Name | North Dakota Centennial Commission |
| Purpose | Organize and coordinate centennial celebrations for North Dakota’s 100th anniversary |
| Authority | State legislation creating the Commission, codified in NDAC Title 16.5 |
| Duration | Temporary, tied to centennial anniversary events |
| Governance | Appointed members, meetings subject to Open Meetings Act |
| Financial Management | Rules for budget, expenditure, sponsorship, and audit |
| Legal Principles | Adherence to statutory authority, open meeting laws, proper use of public funds, sunset rules |
Additional Notes
Since the Commission’s main function was event coordination, legal disputes would most likely focus on:
Allegations of misuse of funds,
Violations of open meeting laws,
Challenges to the Commission’s authority or decisions outside its mandate.
Due to its temporary and focused mission, major case law specific to the Centennial Commission is limited; however, administrative law principles governing state agencies apply fully.
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