HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagnd0106 and id is 1 raw text is: 0F NORI
STATE OF NORTH DAKOTA
OFFICE OF ATTORNEY GENERAL
www.attorneygeneral.nd gov
(701) 328-2210
Drew H. Wrigley
ATTORNEY GENERAL
OPEN RECORDS AND MEETINGS OPINION
2024-0-01
DATE ISSUED:
ISSUED TO:
January 3, 2024
Morton County - Board of Equalization
CITIZEN'S REQUEST FOR OPINION
Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking
whether the Morton County Board of Equalization (Board) violated N.D.C.C. §§ 44-04-18 by
failing to respond to a record request.
FACTS PRESENTED
In June 2022, Ms. Jordan requested the Board's annual meeting publication notices' via an
email to all of the members of the [Board] also serving as Morton County Commissioners.2
Commissioner Boehm handed a paper copy of the request to the Morton County Auditor, Ms.
Rhone.3 Ms. Jordan did not receive a response to the request.'
ISSUE
Whether the Morton County Board of Equalization violated the open records law by failing to
provide records.
ANALYSIS
Public entities must either provide or deny requests for records within a reasonable time.' Past
opinions issued by this office have stated, [d]epending on the circumstances, a delay may be
appropriate for a number of reasons, including excising closed or confidential information,
consulting with an attorney when there is a reasonable doubt whether the records are open to
1 N.D.C.C. § 57-02-52.
2 Email from Karen Jordan to Morton Cnty. Bd. of Equalization (Nathan Boehm, Andrew
Zachmeier, Ron Leingang, Jackie Buckley, and Raymond Morrell) (June 8, 2022, 10:21 PM).
3 Email from Dawn R. Rhone, Morton Cnty. Auditor, to Annique M. Lockard, Asst. Att'y
Gen., Att'y Gen.'s Office (July 29, 2022, 3:52 PM).
4 Id
s N.D.C.C. § 44-04-18.](ViewImageLocal?handle=hein.sag/sagnd0106&div=1&collection=&method=preview&ext=.png&size=3)