N.D. Attorney General opinion: Sept. 30 Monday, October 5, 2020

Attorney General Wayne Stenehjem has issued an opinion that the Mandan Police Department violated the open records laws when it improperly redacted information such as the breed, species, color and sex of dogs involved in two dog attack incidents from the records it provided. 

The Mandan Police Department received a request for records relating to two incidents involving dog attacks. The requester specifically asked for any denial of records or information to be in writing. The department sent a cost estimate to the requester, giving the requester the option of either receiving actual color copies of photographs or, for a lesser amount, a CD with the photos. The charges calculated by the department were reasonable and complied with the law. The requester ultimately received 32 pages of redacted records and the CD with the photographs. The department failed to provide the legal authority for withholding information. Though there are protections in the law for some information contained in law enforcement records, the department went beyond those protections, redacting such information as the business address of the veterinarian and the breed, species, color and sex of the dogs at issue.

Read the opinion at: https://attorneygeneral.nd.gov/sites/ag/files/documents/Opinions/2020/OR-OM/2020-O-10.pdf