News

RESPONSE REQUIRED EVEN IF NO RECORDS EXIST

May 3, 2019

The City of Mandan did not have any records but failed to inform the requester within a reasonable time that no records existed.


STENEHJEM PRAISES COURT’S NAWS RULING

May 3, 2019

The 2002 legal challenge to the Northwest Area Water Supply project has likely come to an end, announced Attorney General Wayne Stenehjem.  


STUDS TO RUGS INC., BANNED FROM DOING BUSINESS IN NORTH DAKOTA

April 18, 2019

Fargo contractor and business owner Timothy Rosene, is barred from doing business in North Dakota for at least the next five years, announced Attorney General Wayne Stenehjem.


DISCOVERY PROCESS MUST BE USED TO OBTAIN RECORDS FOR PENDING LAWSUIT

April 16, 2019

Records relating to an ongoing lawsuit involving a public entity must be obtained through the discovery process, not the open records laws.


SPECIAL MEETINGS MUST BE PROPERLY NOTICED

April 12, 2019

The Crystal Lake Township Board of Supervisors violated the law when they held a special meeting but did not post a meeting notice and agenda or follow the additional notice requirements for a special meeting.


NO VIOLATION BECAUSE RECORD REQUEST WAS NEVER RECEIVED

April 12, 2019

The city of Mandan did not violate the law by failing to provide requested records because it never received a request. The request sent to the personal email account of a city commissioner was never received because the email account had been hacked and all emails lost.


COMMITTEES MUST COMPLY WITH ALL OPEN MEETING REQUIREMENTS

April 11, 2019

Committees of a public entity are subject to the open meetings laws and must comply with all the requirements. The City of Arnegard violated the law by holding committee meetings without providing public notice. 


DELAY IN PROVIDING RECORDS VIOLATED LAW

April 11, 2019

The city of Dickinson violated the open records laws because it did not provide records within a reasonable time.


SPECIFIC EXEMPTIONS PROTECT RECORDS THAT OTHERWISE WOULD BE OPEN

April 4, 2019

The ND Forensic Examiner’s Office and UND School of Medicine & Health Sciences did not violate the open records law by refusing to disclose the Reports of Death while the investigations were still active.


APPROPRIATION BONDS

March 18, 2019

Bonds payable from appropriations made by the Legislative Assembly must be subject to modification or repeal by future legislative assemblies in order to be upheld against a constitutional debt limit challenge.