• YouTube
  • Find us on the web:

North Dakota Open Records Statute

WikiFOIA
Find your State
Sunshine Laws
Open Records laws
Open Meetings Laws
How to Make Records Requests
Sunshine Headlines
Across the Country or by State
Major Records Requests
Sunshine Legislation
2010
Sorted by State, Year and Topic
Sunshine Litigation
Sorted by State, Year and Topic
Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption

The Open Records Statute is a series of laws designed to guarantee that the public has access to public records of governmental bodies in North Dakota.

The North Dakota Open Meetings Statute legislates the methods by which public meetings are conducted.

To learn more about how to make a public records request in this state, please see: North Dakota FOIA procedures

Recent news

See also: North Dakota transparency headlines


Transparency blocking

More transparency blocking news from across the country.


Litigation

More FOIA litigation news from across the country.


Legislation

More FOIA legislation news from across the country.


Sunshine Guardians
No recent news. If you have news add it here

Other Sunshine Guardians from across the country.


Relevant legal cases

See also: Court cases with an impact on state FOIA

Here is a list of lawsuits in North Dakota. For more information go the page or go to North Dakota sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)

Lawsuit Year
City of Grand Forks v. Grand Forks Herald 1981
Forum Publishing Company v. City of Fargo 1986
Grand Forks Herald v. Lyons 1960


Proposed changes

See sample transparency legislation at the Sunshine Standard

2011

See also:Proposed reforms in state sunshine laws, 2011

Here is a list of transparency legislation for North Dakota in 2011. This list contains a random collection of 15 bills from the state. For the full list please see North Dakota transparency legislation.

RatingBillCurrent StatusProgressInformation
BaHouse Bill 1075Current Status:Waiting.pngx (Placed on calendar awaiting vote from the House)  LegislationbarH2.pngb

House Bill 1075, introduced to the House of Representatives by Representative Eliot Glassheim which would require any state agency that would require any state agency or subdivision to notify the state records management administrator of any unlawfully removed or missing records. [1]



BaHouse Bill 1156Current Status:Waiting.pngx (Placed on calendar awaiting committee assignment in the Senate)  LegislationbarH4.pnge

House Bill 1156, introduced to the House of Representatives by Representative Lawrence Klemin which would make audio recordings of emergency calls exempt from the public record. However the audio recording may be listened to, but not copied. Additionally a transcript of the audio recording may be requested as a public record. [2]



BaSenate Bill 2232Current Status:Waiting.pngx (Placed on calendar awaiting committee assignment in the House)  LegislationbarH4.pnge

Senate Bill 2232, introduced to the Senate by Senator John Andrist, would alter the public records and open meetings laws to allow for electronic records, notification of meetings and record storage. [3]




2010

See also:Proposed reforms in state sunshine laws, 2010
Noelection.png The North Dakota legislature either did not have a session or had a fiscal session in 2010.

2009

See also Proposed reforms in state sunshine laws, 2009

House Bill 1220 [4] was endorsed by the House Judiciary Committee on January 20, 2009. The bill seeks to change North Dakota's open meetings law to permit local governing bodies to gather during times of emergency without prior issuance of notice. An amendment to the bill specifies that "public officials would be restricted to matters regarding the disaster, and could not conduct any official business without issuing a public notice". [5]

Senate Bill 2087, [6] introduced by the Education Committee (at the request of the State Board of Higher Education), seeks to exempt the names of applicants for university presidencies and the higher education system chancellor until a job search reaches the semifinalist phase. Sen. John Andrist (R-Crosby) amended the bill to make more names public sooner in the process, and to give applicants two weeks notice prior to the time when their names would become public, at which point applicants wishing to remain private could rescind their application. [7] SB2087 passed the Senate 30-15 and now moves to the House. The Bismarck Tribune is advocating for the House to quash the bill, saying it is "not good public policy. It is good-old-boy-network politics." [8]

SB2087 was defeated in the House 56-37. [9]

North Dakota's transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked North Dakota #34 in the nation (tied with Nevada) with an overall percentage of 48.10%.[10]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave North Dakota 44 points out of a possible 100, a letter grade of "F", and a ranking of 30 out of the 50 states.[11]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked North Dakota's law as the 38th worst in the country, giving it a letter grade of "D".[12]

Features of the law

Sunshine variations Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.

Declared legal intention

While the law does not have a clearly defined legal intention, it does state that "all records of a public entity are public records, open and accessible for inspection during reasonable office hours."[13]

What records are covered?

North Dakota law defines records as, "recorded information of any kind, regardless of the physical form or characteristic by which the information is stored, recorded, or reproduced, which is in the possession or custody of a public entity or its agent and which has been received or prepared for use in connection with public business or contains information relating to public business" [14]

Exemptions

Notable exceptions include but are not limited to:

  • drafts of documents can be withheld, given that the final document is released upon completion(North Dakota Statute 44.04, 18.11)
  • employee medical or assistance records(North Dakota Statute 44.04, 18.1.1 )
  • employee and licensee personal information including, "home address; home telephone number; photograph; medical information; motor vehicle operator's identification number; payroll deduction information; the name, address, telephone number, and date of birth of any dependent or emergency contact; any credit, debit, or electronic fund transfer card number; and any account number at a bank or other financial institution"(North Dakota Statute 44.04, 18.1.2)
  • information that would identify undercover agents and informants (North Dakota Statute 44.04, 18.3.2 and 4)
  • personal information of law enforcement agencies and work schedules (North Dakota Statute 44.04, 18.3.1 and 3)
  • trade secrets and information concerning potential business locations(North Dakota Statute 44.04, 18.4)
  • computer software (North Dakota Statute 44.04, 18.5)
  • "a record of a purely personal or private nature, a record that is legislative council work product or is legislative council-client communication, a record that reveals the content of private communications between a member of the legislative assembly and any person, and, except with respect to a governmental entity determining the proper use of telephone service, a record of telephone usage which identifies the parties or lists the telephone numbers of the parties involved" (North Dakota Statute 44.04, 18.6)
  • criminal investigation information (North Dakota Statute 44.04, 18.7)
  • examinations (North Dakota Statute 44.04, 18.8)
  • financial account information (North Dakota Statute 44.04, 18.9)
  • lists of minors, including contact information (North Dakota Statute 44.04, 18.13)
  • fundraising and donor records for non-profits and schools (North Dakota Statute 44.04, 18.15)
  • student medical information (North Dakota Statute 44.04, 18.16)
  • personal information from consumer complaints (North Dakota Statute 44.04, 18.17)
  • autopsy images (North Dakota Statute 44.04, 18.18)
  • economic assistance records for individuals (North Dakota Statute 44.04, 18.19)
  • domestic violence records (North Dakota Statute 44.04, 18.20)
  • email and telephone information from non-employees (North Dakota Statute 44.04, 18.21)
  • attorney client confidentiality (North Dakota Statute 44.04, 19.1)
  • security information(North Dakota Statute 44.04, 25 and 27)
  • Social security numbers (North Dakota Statute 44.04, 18.28)

[15] However, North Dakota law requires states to separate exempt material from non-exempt and release the non-exempt material. [16]

Deliberative process

What agencies are covered?

Public agencies include all all entities created or recognized by the constitution, statute or executive decree at all levels of state and local government as well as organizations who receive public funding.[17]

Legislature

Yes.pngp

The legislature falls under the definition of public body found at North Dakota Statute 44.04, 17.12 and is subject to the North Dakota Open Records Statute.

Privatized governmental agencies

The definition of public body in the Open Records Statute extend to all private entities which receive public funding or perform a public function.[18]

Public universities

Status: Presumed Open
Popular Exemptions
ResearchDonorsExaminationsCourse Materials
Y
600px-Yes check.png
[19]		Y
600px-Yes check.png
[20]		 
Presumed Open:Exemptions for donor records and exams

The definition of public body presumably includes public universities within the state. However, testing and exam material and donor records are explicitly exempted under North Dakota Statute 44.04.

Who may request records?

Anyone may request public documents in North Dakota. [21]

Must a purpose be stated?

There is no law requiring the statement of a purpose within the North Dakota Open Records Statute.


How can records be used?

There are no restrictions placed on the used of records.

Time allowed for response

N/A

No response times are specified.

Fees for records

Copy costs:

North Dakota statute allows for the charging of fees which include the cost of duplication, labor and use of equipment. [22]

Search fees:

Yes.pngp

Labor fees may be up to $25 an hour, not to include the first hour of labor and may include both search time, and the time it takes to separate exempt and non-exempt material.[23]

Role of the Attorney General

Attorney General of North Dakota

Under § 44-04-21.1 of the North Dakota Century Code, any individual whose request for access to public records has been denied may request an opinion be issued by the State Attorney General. This written opinion must be delivered within thirty days of the alleged violation. Should the Attorney General decide in favor of the requester, the public agency or state governmental official has seven days after the opinion is issued to comply with the open records request, regardless of whether civil action is brought against them or not. Failure to comply with the Attorney General's opinion "will be the same as for other attorney general's opinions, including potential personal liability for the person or persons responsible for the noncompliance." [24] Additionally, if civil action is brought against the public agency accused of violating the open records law, " the entity, at its sole cost and expense, shall retain separate counsel who has been approved and appointed by the attorney genrepresent the entity in that action." [24]

Open meetings

All "meetings of a public entity must be open to the public" in North Dakota. This right to photograph or record public meetings is also explicitly included in the statute.[25]

Notable requests

2008

The Grand Forks Herald requested copies from the University of North Dakota (UND) regarding disciplinary procedures after anti-Semitic graffiti episodes occurred on campus in May 2008. UND denied the request, citing the Family Educational Rights and Privacy Act (FERPA), leading North Dakota attorney general Wayne Stenehjem to rule that the university is in spite of how it interprets FERPA required to provide the paper with the requested documents[26].

See also

External links

References

  1. ↑ Text of HB 1075
  2. ↑ Text of HB 1156
  3. ↑ Text of SB 2232
  4. ↑ Text of HB1220
  5. ↑ Open meeting law change endorsed, Bismarck Tribune, January 21, 2009
  6. ↑ Text and Status of SB 2087
  7. ↑ ND legislators vote for more openness in college president searches, The Forum, January 27, 2009
  8. ↑ Bill is about ‘good old boy’ politics, Bismarck Tribune, February 9, 2009
  9. ↑ ND House defeats bill to weaken open records law, Associated Press, April 9, 2009
  10. ↑ 2008 BGA-Alper Integrity Index
  11. ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
  12. ↑ Freedom of Information in the USA, 2002
  13. ↑ North Dakota Statute 44-04-18
  14. ↑ North Dakota Statute 44.04, 17.15
  15. ↑ North Dakota Statute 44.04
  16. ↑ North Dakota Statute 44.04, 18.10
  17. ↑ North Dakota Statute 44.04, 17.12
  18. ↑ Private agency, public dollars-North Dakota
  19. ↑ North Dakota Statute 44.04
  20. ↑ North Dakota Statute 44.04
  21. ↑ North Dakota Century Code, 44-04-18
  22. ↑ North Dakota Century Code, Statute 44.04, 18.2
  23. ↑ North Dakota Century Code, Statute 44.04, 18.2
  24. ↑ 24.0 24.1 N.D.C.C. § 44-04-21.1
  25. ↑ North Dakota Statute 44-04-19
  26. ↑ State Sunshine and Open Records, "FERPA v. open records", January 6, 2009
Retrieved from "http://sunshinereview.org/index.php?title=North_Dakota_Open_Records_Statute&oldid=84180"
blog comments powered by Disqus