About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2018 Op. N.D. Att'y Gen. 1 (2018)

handle is hein.sag/sagnd0097 and id is 1 raw text is: 


DATE  ISSUED:     January 30, 2018

ISSUED  TO:       Morton County Sheriff's Department

                       CITIZEN'S REQUEST   FOR  OPINION

This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from S. Paul
Jordan asking whether  the Morton  County Sheriff's Department violated N.D.C.C.
§ 44-04-18 by charging excessive fees for records.

                              FACTS  PRESENTED

On  November  7, 2017, Mr. S. Paul Jordan sent a request for records to Sheriff Kyle
Kirchmeier, Morton County Sheriff's Department, asking for certain arrest, detention,
and confinement  records.' A response from the Sheriff's Department was sent on
November  13, 2017, explaining what records were available and ready for pickup, and
the charge of $30 associated with responding to the request.2


Whether the Morton County Sheriff's Department charged excessive fees in responding
to an open records request.3


Section 44-04-18, N.D.C.C., contains the general laws outlining what a public entity may
charge for responding to an open records request. However, the general laws do not
apply to copies of public records for which a different fee is specifically provided by

1 Letter from S. Paul Jordan to Kyle Kirchmeier, Sheriff, Morton Cnty. Sheriff's Dep't
(Nov. 7, 2017).
2 Response from Morton Cnty. Sheriff's Dep't to S. Paul Jordan (Nov. 13, 2017).
3 Mr. Jordan further alleges Morton Cnty. violated the open records law by not providing
a detailed breakdown  of the charges  associated with responding to his request.
However, there is no such requirement in the open records law, N.D.C.C. ch. 44-04.

What Is HeinOnline?

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.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most