RESPONSE REQUIRED EVEN IF NO RECORDS EXIST

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May 3, 2019


Request: Did the City of Mandan violate the law by failing to respond to a request for records within a reasonable time?

Conclusion: The City of Mandan provided records in response to a request and then received another email from the requester regarding the same issue. The City of Mandan presumed the communication was about the same issue and did not realize until sometime later that it also included requests for records, which records the city did not have. The City of Mandan violated the law by failing to respond to a request for records within a reasonable time.

Opinion 2019-O-07

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