Mar 21, 2008 - 04:05:04 CDT
North Dakota has "sunshine laws" which provide that all government records and meetings must be open to the public unless a specific statute authorizes a meeting or record to be closed. These laws level the playing field between government and the public.The open records and meetings laws allow the public to see for themselves how state and local governments function and how public funds are spent. The ability to see public documents is not reserved for the media or other government officials. Rather, every person has the right under our law of open government to review any public record that is of interest. We all have a right to know, for example, whether our property taxes are the same as our neighbor's or when the city is going to vote on repairing our street and how much it will cost. Open government leads to a government that is accountable to the public.
North Dakota's law makes providing access to and copying of public records an obligation of every public entity. Anyone may request records from a public entity without providing their identity or even the reason they want to see the records. The entity must respond to the request in a reasonable amount of time (a few hours or days). An otherwise open record cannot be denied simply because it contains confidential information. The amount that can be charged for the time it takes to find the record, remove confidential information, and provide a copy of the redacted record is set by law.
Anyone can attend a meeting of a public entity and anyone can ask to receive a notice of meetings. The entity must post public notice of its meetings and an agenda. There is no minimum advance notice requirement. For special meetings, only the topics listed on the meeting notice can be discussed. At regular meetings, topics not on the agenda also can be discussed. The right to attend a public meeting does not include the right to be heard.
In my experience, most state and local government agencies accept the responsibilities of the open records and open meetings laws willingly and welcome interest from the public. Sometimes, however, a person may need a little help to remind a public entity of its obligations - and that's where the Attorney General's office comes in. Anyone can ask for an opinion from the Attorney General regarding a violation of the open records or open meetings laws. Or, my office can try to resolve the complaint informally by contacting the entity and helping to get the records right away.
If a request for public records is improperly denied, or the amount of time it takes to respond to the request or the fees charged by the entity are excessive, the requester can ask for an opinion on the alleged violation simply by writing to my office with information about the request, a copy of the entity's denial, and other pertinent facts. We must receive the opinion request within 30 days of the alleged violation.
Likewise, if a public entity held meetings without proper public notice, or improperly closed a meeting, anyone can write to ask that we review the alleged violation. We must receive the opinion request within 90 days of a violation of the open meetings laws.
An opinion takes some time to complete and is issued to the public entity with a copy to the requester. If the public entity violated the law, the opinion will contain a remedy to correct the error - for example, to provide the records at no charge, or create detailed minutes of a meeting. Even if it is determined that the government entity held an improper meeting, however, there is no provision in the law to undo or void action taken at that meeting.
I have always been a strong proponent of the open records and meetings law because I believe it builds public trust of government and makes government responsive to the people. The law gives the public an opportunity to play an important role in our system of government and my office will continue to safeguard that role.
For more information about your rights under the state's open records and meetings laws, see the "Open Records & Meetings" link on the Attorney General's Web site at: www.ag.nd.gov or call 701-328-2210. Complaints can be sent to: Office of Attorney General, 600 E. Boulevard Ave., Dept. 125, Bismarck, N.D., 58505.
Christopher Coen wrote on Mar 21, 2008 1:13 PM:
These government agencies violate the open records laws at will, and with no consequence whatsoever. Street criminals are charged and booked immediately, yet when government officials break laws nothing happens. Funny how that works. Can we say “double-standard”? Can we say “hypocrisy”? How about “corruption”? When will Attorney General Stenehjem and Governor Hoeven ever begin to hold law-breaking government officials accountable?
Sincerely,
Christopher Coen
Director
Friends of Refugees
FORefugees@hotmail.com
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Derrick wrote on Mar 21, 2008 10:07 AM:
I respectfully disagree.
N.D.C.C. 44-04-21.2 provides that: "Any action that is a product ofa violation of section 44-04-19, 44-04-20, or 44-04-21 is voidable by a court in a civil action authorized by this section."
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Wayne just proved one of the whistleblower claims wrote on Mar 21, 2008 8:56 AM:
Attica! wrote on Mar 21, 2008 8:08 AM:
WSI needs alot of reminding wrote on Mar 21, 2008 7:51 AM:
leo wrote on Mar 21, 2008 5:43 AM:
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