North Dakota Open Records Statute

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Contents

State sunshine
State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
The WikiFOIA portal


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

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%. [1]

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.[2]

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".[3]

Public Records

In North Dakota, "all records of a public entity are public records, open and accessible for inspection during reasonable office hours."[4]

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.[5]

Who May Request North Dakota Records?

Anyone may request public documents in North Dakota. [6]

For requester residency requirements in other states, see the list of who can make public record requests by state.

Notable requests

2008

The Grand Forks Herald requested copies from the University of North Dakota (U-ND) regarding disciplinary procedures after anti-Semitic graffiti episodes occurred on campus in May 2008. U-ND 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.[7]

See also

v • d • e
State sunshine laws


External links

References

  1. ↑ Integrity Index available for download here
  2. ↑ Graded state responsiveness to FOI requests, 2007
  3. ↑ Freedom of Information in the USA, 2002
  4. ↑ North Dakota Statute 44-04-18
  5. ↑ North Dakota Statute 44-04-19
  6. ↑ North Dakota Century Code, 44-04-18
  7. ↑ State Sunshine and Open Records, "FERPA v. open records", January 6, 2009
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