How to File a Public Records Request in Bismarck, North Dakota

What Is the North Dakota Open Records Law?

The North Dakota Open Records Law is codified in North Dakota Century Code Chapter 44-04 — primarily at N.D.C.C. § 44-04-18 — and is reinforced by Article XI, Section 6 of the North Dakota Constitution, which declares that all records of public or governmental bodies shall be public records, open and accessible for inspection during reasonable office hours.

The law guarantees the right to inspect and obtain copies of public records held by any public entity, including city and county governments, state agencies, public schools, and private organizations that receive or expend public funds. Public records include any recorded information — regardless of physical form — received or prepared in connection with public business. That includes meeting minutes, city contracts, permits and licenses, planning documents, emails, police reports, budgets, and payroll data.

North Dakota distinguishes between 'exempt' records (which an agency has discretion to release or withhold) and 'confidential' records (which must be withheld or redacted). Key exemption categories include personnel and medical records, law enforcement investigative information, trade secrets, juvenile records, attorney work product, and domestic violence victim information. The burden falls squarely on the agency to identify the specific statutory authority for any denial — not on the requester to prove eligibility.

Read the full text of the North Dakota Open Records Law (North Dakota Century Code § 44-04-18 (and related sections through § 44-04-18.32); N.D. Const. art. XI, § 6)

How to File a Public Records Request with the City of Bismarck

How to Submit Your Request

The City of Bismarck accepts public records requests through its online form at bismarcknd.gov, as well as by email, mail, or in-person visit to the Administration Department on the fourth floor of City Hall at 221 N. Fifth St. No written request is legally required under North Dakota law — a phone call or verbal request is permissible — but submitting in writing creates a clear record of what you requested and when. The online form, accessible through the city's Form Center under the Administration category, is the most efficient method and allows you to describe your request in detail and track its status. For complex or time-sensitive requests, following up by phone at (701) 355-1300 is recommended. Be as specific as possible about the records sought — date ranges, department names, document types, and relevant parties — to minimize delays.

What to Include in Your Request

• Your name and contact information (mailing address, email, or phone)
• A specific description of the records requested, including document type and relevant dates
• The department or office you believe holds the records
• Your preferred format for the records (electronic copy, paper, or in-person inspection)
• Any cost threshold above which you would like to be notified before the city proceeds
• A reference to the North Dakota Open Records Law (N.D.C.C. § 44-04-18) is optional but can reinforce the legal basis for your request

Response Deadlines and What to Expect

Unlike most states, North Dakota does not set a specific number of days within which an agency must respond to a public records request. Under N.D.C.C. § 44-04-18, public entities must respond within a 'reasonable time' — a standard interpreted by the North Dakota Attorney General to mean the agency must act promptly and avoid unnecessary delay. There is no fixed deadline, and this ambiguity can be a practical challenge for requesters.

A 'response' under North Dakota law means either providing the records, directing you to where the records are available online, or providing a written denial with the specific statutory authority for withholding the records. The agency is not required to provide access outside of regular business hours, though it may choose to do so.

If the City of Bismarck cannot fulfill a request immediately, it should communicate a reasonable timeline and keep the requester informed. Unreasonable delays — as determined by the Attorney General — can constitute a violation of the open records law, but challenging such delays requires filing a complaint with the Attorney General's Office or pursuing a civil action in district court, as the AG's review is generally limited to outright denials.

Fees may be charged for copying at the actual cost of reproduction. For redaction of confidential information, an agency may charge up to $25 per hour, excluding the first hour. Electronic copies must be provided at no cost other than charges for technology use beyond the initial hour.

What to Do If Your Request Is Denied or Delayed

If the City of Bismarck denies your public records request, the most important first step is to get the denial in writing. Under N.D.C.C. § 44-04-18(7), the agency must provide a written explanation citing the specific statutory provision that authorizes withholding the records. If you only received a verbal denial, ask formally for written documentation of the decision.

Once you have a written denial, you have meaningful options for appeal. The North Dakota Attorney General's Office serves as the primary oversight body. Under N.D.C.C. § 44-04-21.1, any person may request an AG opinion reviewing a denial. The AG must issue an opinion within 30 days (with a possible 15-day extension). If the AG concludes a violation occurred, the agency has just seven days to release the records — regardless of whether a lawsuit has been filed.

If the agency still refuses to comply after an adverse AG opinion and you choose to file a civil action in district court under N.D.C.C. § 44-04-21.2, and you prevail, you must be awarded costs, disbursements, and reasonable attorney's fees. The agency could also face personal liability for the individuals responsible for noncompliance, and a state-level entity that defies the AG's opinion must hire its own legal counsel at its own expense.

For unreasonable delays (as opposed to outright denials), the AG process is less useful — delays are best challenged through direct civil action in district court. If you believe your request is being stalled, send a follow-up communication in writing documenting the original request date and ask for a specific timeline. This paper trail will be essential if you later need to escalate.

Damages of up to $1,000 per violation are available under North Dakota law, in addition to attorney's fees, making the legal remedies meaningful even when individual records may seem modest in scope.

Steps to Appeal

1. Ask for a written denial citing the specific statute under N.D.C.C. § 44-04-18(7) if you have not already received one
2. Contact the City of Bismarck Administration Department at (701) 355-1300 to clarify whether there was a misunderstanding or whether the request can be narrowed to obtain responsive records
3. File a request for an Attorney General's opinion with the North Dakota Attorney General's Office under N.D.C.C. § 44-04-21.1 — submit your complaint with a copy of your dated written request and the written denial
4. Monitor the AG's response: the office must issue an opinion within 30 days (extendable by 15 days); if the AG finds a violation, the City has 7 days to comply under N.D.C.C. § 44-04-21.1(2)
5. If the City refuses to comply with an adverse AG opinion, file a civil action in Burleigh County District Court under N.D.C.C. § 44-04-21.2; if you prevail, you are entitled to costs, disbursements, and reasonable attorney's fees
6. For delays rather than outright denials, document all communications in writing and file a civil action in district court if the delay is unreasonable; the AG process does not directly address fee disputes or delays
7. Contact a media law attorney or a nonprofit press-freedom organization if the records involve a matter of significant public interest and you need assistance navigating the process

Types of Records You Can Request from Bismarck, North Dakota

The City of Bismarck generates and maintains a wide range of public records across its departments. The following are among the most commonly requested categories of municipal records available under the North Dakota Open Records Law.

• City Commission meeting minutes, agendas, and resolutions
• City budgets, audits, and financial reports
• Contracts, agreements, and procurement records
• Building permits, zoning approvals, and inspection records
• Planning and land use documents, subdivision plats, and variance applications
• Police incident reports, arrest logs, and dispatch records (to the extent not exempt as active investigations)
• City employee salary and payroll records (aggregate)
• Environmental health inspection records and food service permits
• Public works project records, bids, and contractor agreements
• City ordinances, code amendments, and legal opinions
• Emergency management plans and public safety records
• Property assessment and tax records maintained by the City Assessing Division
• City vehicle fleet and equipment purchase records
• Grant applications and federal funding documentation
• City Commission correspondence and official communications

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Bismarck to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Bismarck