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Ghorbanni v. North Dakota Council on the Arts2/20/2002
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.
AFFIRMED.
[ ] Daphne Ghorbanni appealed from a summary judgment dismissing her claims for retaliatory discharge and defamation against the North Dakota Council on the Arts and the State of North Dakota. We conclude Ghorbanni failed to properly give notice of her claims as required by statute, and we affirm.
I.
[ ] The North Dakota Council on the Arts ("the Council") is a statutorily created body made up of members appointed by the governor. N.D.C.C. § 54-54-02. Daphne Ghorbanni was hired as Executive Director of the Council by its chairman, David Trottier, in August 1999. See N.D.C.C. § 54-54-04 (the council chairman may employ officers and other employees of the Council, and " uch persons shall serve at the pleasure of the chairman").
[ ] In reviewing the Council's budget, Ghorbanni discovered several discrepancies, including alleged misuse of public funds. Ghorbanni reported these financial discrepancies to the Office of Management and Budget and submitted a written report for consideration by the Council at its meeting scheduled for May 5-6, 2000. Before Ghorbanni could present her allegations to the Council, Trottier terminated her employment on April 28, 2000. On May 1, 2000, Trottier gave a radio interview explaining alleged reasons for Ghorbanni's termination. On May 6, 2000, the governor issued a press release stating he supported Trottier's decision to terminate Ghorbanni and indicating Ghorbanni did not have the management skills the position required.
[ ] On May 12, 2000, Ghorbanni's attorney wrote to Trottier requesting written reasons for the termination and asking that Ghorbanni be allowed to attend the May 20, 2000, meeting of the Council to present a response to the stated reasons for termination. Ghorbanni was not allowed to appear at the meeting. On May 22, 2000, assistant attorney general Tag Anderson wrote to Ghorbanni's attorney, stating: "The Council directed Mr. Trottier and myself as council for the North Dakota Council on the Arts to enter into a dialog with you to ascertain specifically what it is that you are requesting." Following further discussions between the attorneys, Ghorbanni's attorney on June 26, 2000, sent a letter to Anderson outlining Ghorbanni's claims against the State.
[ ] Ghorbanni commenced this action against the Council and the State on October 2, 2000, alleging retaliatory discharge and defamation. Ghorbanni alleged that she was fired for reporting alleged misuse of public funds by members of the Council, including Trottier, and that she was defamed by the May 6, 2000, press release. After the Council and the State filed an answer alleging Ghorbanni had failed to comply with procedural prerequisites, Ghorbanni on November 13, 2000, presented written notice of her claims to the Office of Management and Budget ("OMB"). The Council and the State moved for summary judgment, arguing Ghorbanni had failed to give timely notice of her claims to the Director of OMB as required by N.D.C.C. § 32-12.2-04(1). Ghorbanni moved to amend her complaint to include allegations that she had complied with the notice-of-claim requirements. The trial court concluded Ghorbanni had failed to give the statutorily required notice, and therefore ordered dismissal of the complaint and denial of Ghorbanni's motion to amend the complaint. Ghorbanni then moved to amend the judgment. Ghorbanni's motion to amend the judgment was denied, and she appealed from the summary judgment dismissing her complaint and from the order denying her motion to amend the judgment.
II.
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