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2003 North Dakota Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagnd0040 and id is 1 raw text is: OPEN RECORDS AND MEETINGS OPINION 2003-0-01 DATE ISSUED: January 30, 2003 ISSUED TO: Minot Public School Board CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.DC.C. § 44-04-21.1 from William Bergman, representing C&C Plumbing asking whether the Minot Public School Board violated N.D.C.C. § 44-04-21.1 by refusing to produce records showing figures detailing how the projected operational cost savings and capital avoidance were calculated. FACTS PRESENTED The Minot Public School District (hereinafter Minot) entered into a Guaranteed Energy Savings Contract (Contract) with Johnson Controls, Inc. (Johnson Controls) pursuant to N.D.C.C. ch. 48-05. The Contract involved certain energy conservation measures and system improvements at North Plains Elementary and Dakota Elementary Schools. The contract was awarded after Minot issued a Request for Proposals (RFP) pursuant to N.D.C.C. § 48-05-10. C&C Plumbing was an unsuccessful applicant for the Contract. After the contract was awarded to Johnson Controls, C&C Plumbing requested copies of Minot's records pertaining to specific information regarding the Contract with Johnson Controls. Minot eventually provided all information in their possession, including Facility Improvement Measure Evaluation Table. C&C Plumbing then requested the records detailing how the numbers included in the Table were calculated. It is this docunentation that is the subject of this opinion request and will be hereafter referred to as the requested document. Minot denied C&C Plumbing's request for the requested document stating that it was not in their possession. Minot relayed the request for the document to Johnson Controls. Johnson Controls declined to turn over the requested document to Minot for disclosure to C&C Plumbing because Johnson Controls considers the document to be a trade secret as defined in N.D.C.C. § 44-04-18.4(2).

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