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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
DATE ISSUED:    January 30, 2003
ISSUED TO:      Minot Public School Board
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.
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
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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