13.9101.

01000

August 23, 2011

Mr. Grant Shaft President State Board of Higher Education P.O. Box 5116 Grand Forks, ND 58206-5116 Dr. Robert Kelley President University of North Dakota P.O. Box 8193 Grand Forks, ND 58202-8193 Dear Mr. Shaft and Dr. Kelley: I was surprised and disappointed to hear of the August 15, 2011, actions of the State Board of Higher Education and the University of North Dakota with respect to the retirement of the Fighting Sioux nickname and logo. As you are well aware, the Legislative Assembly in 2011 enacted House Bill No. 1263 (North Dakota Century Code Section 15-10-46) which became effective on August 1, 2011, and which provides that "[t]he intercollegiate athletic teams sponsored by the university of North Dakota shall be known as the university of North Dakota fighting Sioux." The motion approved by the State Board of Higher Education directing the president of the University of North Dakota to take action necessary to resume the process to retire the Fighting Sioux logo and nickname and the announcement by the University of North Dakota to resume that process is premature and presumptive. Although various individuals have made statements suggesting the Legislative Assembly will repeal Section 15-10-46, the law remains effective and the State Board of Higher Education and the University of North Dakota are subject to the law until the Legislative Assembly determines otherwise. To assume the University of North Dakota and the State Board of Higher Education may ignore a law based upon the presumption that a majority of both houses of the Legislative Assembly will repeal that law at some point in the future sets a bad precedent and demonstrates a lack of regard for the legislative process and the policymaking branch of government. Thus, I would suggest the University of North Dakota refrain from taking further action to retire the Fighting Sioux nickname and logo until such time as the Legislative Assembly directs otherwise. Sincerely,

Al Carlson State Representative AC/AC