North Dakota Open Records & Meetings Law Government in the Sunshine.
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Transcript of North Dakota Open Records & Meetings Law Government in the Sunshine.
North Dakota Open Records & Meetings Law
Government in the Sunshine
Open RecordsOpen Records
All records in possession of a public entity regarding public business are OPEN
North Dakota Constitution art. XI, sec. 6 North Dakota Century Code 44-04-18 Except as otherwise provided by law…
Exempt or Confidential Records
Exempt Records Release of records is
left to discretion of public entity
“Closed record” - the part of the exempt record that isn’t disclosed
Confidential Records All or part of a record
expressly declared confidential or prohibited from being open to the public
Examples
Exempt Personal employee
information Address Phone number Payroll deduction info Security system plan Economic development
records 44-04-18.4(5)
Confidential Social security numbers Employee medical
records Computer passwords Employee use of
employee assistance program records
57-40.6-07 Use of the furnished information.Confidential information:
Unpublished names and telephone numbers generated by a 911 coordinator or 911 public safety answering point or provided to a 911 coordinator or public safety answering point under section 57-40.6-06 are confidential and may be used only for verifying the location or identity, or both, for response purposes, of a person calling a 911 answering point for emergency help or by the 911 coordinator or public safety answering point for the purpose of a public safety agency notifying a person of an emergency.
57-40.6-07 Use of the furnished information.Exempt information:
Published names and telephone numbers maintained by a 911 coordinator or public safety answering point are exempt records as defined in section 44-04-17.1 but must be provided upon request to the treasurer and auditor of the county served by the 911 coordinator for the purpose of verifying and correcting names and addresses used for official purposes.
57-40.6-07 Use of the furnished information.Exempt information:
A record obtained for the purpose of providing services in an emergency and which reveals the address of a person requesting emergency service or reporting an emergency by accessing an emergency telephone number 911 system is exempt from section 44-04-18 and may be redacted from the record before it is released.
57-40.6-07
Confidential Unpublished names &
telephone numbers
Exempt Published names &
telephone numbers Address of person
reporting an emergency
Records Generally OpenRecords Generally Open
A personnel file - job performance evaluations and salary
Any document business related Emails that are business related Computer records Physical form of the record is irrelevant
Don’t…
Require the request in writing Require the name of the requestor Ask why they want the records Compile or create a new record Stop normal office functions to fulfill the
request
DO…
Communicate with the requestor if they are willing Give a legal reason for any denial of records Provide the records within a reasonable time Redact any confidential information Give the requestor an estimate of how long it will
take to provide the records
Charging for copies
First hour locating - free, thereafter $25/hour 25 ¢ per copy of a 8 x 11 or 8 x 14 page Maps, color photos, etc. actual cost. Actual cost of postage First hour for redacting confidential
information - free, thereafter $25/hour
Meetings - Governing Body
The multi-member body responsible for making a collective decision on behalf of a public entity.
Any time there is a quorum of a council together, it must be a public meeting preceded by public notice
COMMITTEES
“Governing body” also includes any group of persons, regardless of membership, acting collectively pursuant to authority delegated to that group by the governing body
Did the governing body delegate authority? Don’t need authority to take final action
Examples of Meetings
Governing body attending a meeting of another group
School board retreat On site inspection Members talk business at a social gathering
More on meetings…
Conference calls are meetings Cannot straw poll Can attend social gatherings together Public can video or audio tape the meeting Right to attend is not the right to speak Room has to accommodate the public
Posting of the Notice
At the public entity’s main office With the appropriate central location:
city auditor, county auditor, secretary of state At the location of the meeting Don’t have to publish the notice Give notice to anyone who has requested it
What should the notice say?
Time, date, location of the meeting Topics to be discussed Notice of any executive session
Kinds of Meetings
Regular Agenda should contain
all topics known at the time of drafting the notice
May discuss items not on the agenda at the meeting
Special meeting Can only discuss the
items on the notice Provide notice to the
official newspaper
Meetings
A public entity may sequester all job competitors from the portion of the public meeting where interviews are conducted.
Requests for notice of meetings are good for one year unless a different time is requested.
90 days to ask for an opinion based on allegations that a meeting occurred without notice
30 days for an open records or other meeting violation
Executive Sessions-Reasons
To discuss CONFIDENTIAL information To discuss EXEMPT information Attorney consultation-advice from attorney re:
adversarial administrative proceedings or pending civil/criminal litigation
Negotiation-discuss strategy or provide instructions. Adverse fiscal effect on bargaining position necessary
CANNOT close for PERSONNEL matters
Executive Sessions-Procedure
Convene in an open meeting Motion necessary for exempt info, not for
confidential info Announce in open meeting the topics to be
discussed and the legal authority Record the session Topics limited to those announced
Executive Sessions-Procedure
Final action must be taken in open meeting-except for instructions to negotiator or legal counsel
Minutes of open meeting must have names of those attending the executive session; date & time session began and ended; general topics; legal authority
More information
www.ag.nd.gov Manual - is updated - new & improved Opinions - on website from 1997 to present Fact sheets - on website Brochures N.D.C.C. § 44-04-17.1