How to File a Public Records Request in Fargo, North Dakota
Fargo is North Dakota's largest city, home to an estimated 136,000 residents and a rapidly growing metropolitan economy anchored by healthcare, technology, higher education, and agriculture. Situated along the Red River of the North on the Minnesota border, Fargo is the seat of Cass County and the commercial hub of the broader Fargo-Moorhead region. Like all North Dakota public entities, the City of Fargo is governed by the North Dakota Open Records Law, found in North Dakota Century Code Chapter 44-04. The law guarantees that government records are open and accessible to any person regardless of residency or reason. General open records requests to the city are handled through the Department of Communications & Governmental Affairs. This guide walks you through exactly how to request public records from Fargo, North Dakota — including who to contact, what forms to use, and what to do if your request is delayed or denied.
What Is the North Dakota Open Records Law?
The North Dakota Open Records Law, codified at North Dakota Century Code Chapter 44-04 beginning at § 44-04-17.1, is grounded in Article XI, Section 6 of the North Dakota Constitution. The law establishes a strong presumption of openness: all records of public entities are public records, open and accessible for inspection during reasonable office hours, unless a specific statute authorizes withholding.
A 'record' is broadly defined as recorded information of any kind — regardless of physical form — that is in the possession of a public entity and connected to public business. This includes permits, meeting minutes, city contracts, emails, text messages, computer files, photographs, and preliminary drafts. The law extends to state and local agencies, public schools, and private organizations supported in whole or in part by public funds.
Key exemptions include active criminal intelligence and investigative information, attorney work product, certain personnel hiring records, trade secrets, economic development records, victim-identifying information for domestic violence and sex offenses, and body camera footage taken in private locations. When a record is 'confidential,' the agency must withhold it; when it is merely 'exempt,' the agency may withhold it at its discretion. The burden is on the public entity to justify any denial — not on the requester to prove entitlement.
How to File a Public Records Request with the City of Fargo
Contact Information
- Office
- Communications & Governmental Affairs Director, Department of Communications & Governmental Affairs
- Address
- 225 4th Street North, Fargo, ND 58102
- Phone
- (701) 476-4115
- Website
- https://fargond.gov/city-government/departments/communications-governmental-affairs/open-records-requests
- Hours
- Monday through Friday, 8:00 AM to 5:00 PM (except legal holidays)
How to Submit Your Request
The City of Fargo processes general open records requests through its Department of Communications & Governmental Affairs. The preferred method is to submit your request using the online contact form available at the department's Open Records Requests page on fargond.gov. You may also submit your request in person or by mail at 225 4th Street North, Fargo, ND 58102, during business hours (Monday through Friday, 8:00 AM to 5:00 PM, except legal holidays). For police records specifically, requests should be directed to the Fargo Police Department Records Bureau at 105 25th Street North, Fargo, ND 58102, which also accepts requests via its online contact form on fargond.gov. Under North Dakota law, you are not required to state a reason for your request or identify yourself, though being specific about the records you seek will help ensure a timely response.
What to Include in Your Request
- A clear description of the specific records you are requesting
- Date range or time period covered by the records, if applicable
- Name of the city department or office you believe holds the records
- Your preferred format for receiving records (paper, electronic, etc.)
- Your contact information (name, mailing address, phone, or email) so the city can reach you
- Whether you are willing to pay fees and, if so, any fee limit above which you want prior notification
- Any specific file names, case numbers, or project names that will help narrow the search
Sample Request Letter
To: Department of Communications & Governmental Affairs
City of Fargo
225 4th Street North
Fargo, ND 58102
Date: [Date]
Re: Open Records Request — North Dakota Century Code § 44-04-18
Dear Records Custodian:
Pursuant to the North Dakota Open Records Law, North Dakota Century Code § 44-04-18, I am requesting access to and/or copies of the following public records:
[Describe the records you are requesting with as much specificity as possible, including relevant dates, department names, project names, or other identifying information.]
If any portion of this request is denied or redacted, please provide a written explanation citing the specific statutory authority for each withholding, as required by law.
I prefer to receive the records in the following format: [electronic PDF / paper copies / inspection in person].
If fees will exceed $[your threshold, e.g., $25.00], please notify me before proceeding so I may authorize or narrow the request.
If you have questions about this request, please contact me at the information below. I look forward to your timely response.
Sincerely,
[Your Full Name]
[Address]
[Phone Number]
[Email Address]
Response Deadlines and What to Expect
North Dakota is one of a small number of states that does not impose a specific statutory deadline for responding to public records requests. Under N.D.C.C. § 44-04-18, public entities must respond within a 'reasonable time' — and the North Dakota Attorney General's Office guidance makes clear that this means hours or a few days depending on the volume of records requested, not several days or weeks.
Once you submit a request, the City of Fargo should acknowledge it and either provide the records, explain that the records are available online, request written clarification to better identify what you seek, or provide a written explanation citing the legal authority for any denial or partial withholding. The city may not ask why you want the records or require you to identify yourself as a condition of fulfilling the request.
If a request involves a large volume of records or requires extensive review for exempt material, expect the city to notify you of a timeline for completion. Under N.D.C.C. § 44-04-18(2), the first hour of locating records is provided at no charge. After that, the city may charge up to $25 per hour for searching and $25 per hour for redacting exempt content, plus $0.25 per page for standard paper copies. For police reports, a fee of $0.25 per page applies, with an additional $25/hour charge if production takes more than one hour. Notify the city of any fee limit you want to set before charges accrue.
What to Do If Your Request Is Denied or Delayed
Receiving a denial — or simply not hearing back — can be frustrating, but North Dakota law gives you meaningful tools to push back. Here is what to do.
First, if the City of Fargo denies your request or withholds records, it must provide a written explanation citing the specific statute that authorizes withholding. A denial without a statutory citation is itself a potential violation of the law. Read the explanation carefully: sometimes a partial denial can be resolved by narrowing or clarifying your request.
If you believe a denial is improper, or if the city has not responded in a reasonable time, your most powerful first step is to file a complaint with the North Dakota Attorney General's Office. Under N.D.C.C. § 44-04-21.1, any person may request a written AG opinion reviewing an alleged open records violation. You must file within 30 days of the alleged violation, and your complaint must be accompanied by a copy of the written request you submitted. The AG may require the city to produce the withheld records for review. If the AG issues an opinion finding a violation, the City of Fargo has just seven days to disclose the records.
If the city ignores the AG's opinion, or if you choose to go directly to court, a civil action may be filed in district court under N.D.C.C. § 44-04-21.2. You must give the city at least three working days' written notice of the alleged violation before filing. A civil action must be commenced within 60 days of learning of the violation, or within 30 days of the AG's opinion, whichever is later. If you prevail in court after the city defied an AG opinion, you are entitled to costs and reasonable attorney's fees. For intentional or knowing violations, courts may award $1,000 or actual damages, whichever is greater.
Steps to Appeal
- Review the written denial for the cited statutory authority — a denial without a legal basis is itself a potential violation.
- Contact the Department of Communications & Governmental Affairs directly at (701) 476-4115 to clarify or narrow the request informally.
- If the issue is unresolved, file a written complaint with the North Dakota Attorney General's Office within 30 days of the alleged violation, per N.D.C.C. § 44-04-21.1. Include a copy of your original written request.
- If the AG issues an opinion finding a violation, the City of Fargo has seven days to disclose the records, per N.D.C.C. § 44-04-21.1(2).
- If the city fails to comply with the AG opinion, serve written notice of the alleged violation on the city's chief administrative officer at least three working days before filing suit.
- File a civil action in Cass County District Court under N.D.C.C. § 44-04-21.2 within 60 days of learning of the violation, or within 30 days of the AG opinion, whichever is later.
- If you prevail in court after the city defied an AG opinion, you are entitled to costs and reasonable attorney's fees under N.D.C.C. § 44-04-21.2; for intentional violations, courts may also award $1,000 or actual damages, whichever is greater.
Types of Records You Can Request from Fargo, North Dakota
The North Dakota Open Records Law covers virtually any recorded information in the City of Fargo's possession that relates to public business — from routine administrative files to law enforcement data. The following are common record types requesters seek from Fargo city government.
- City Commission meeting minutes and agendas
- City contracts, vendor agreements, and procurement records
- Building permits, inspection reports, and zoning variance applications
- Police incident and crime reports (subject to active-investigation exemptions)
- City employee salary and compensation records
- Code enforcement complaints and violation notices
- City budget documents, financial statements, and audit reports
- Planning and development applications, environmental impact documents
- City-owned property records and real estate transactions
- Mayor and Commissioner email and official correspondence
- Emergency management and flood mitigation planning records
- Fargo city attorney communications (non-privileged)
- Requests for proposals (RFPs) and bid submissions
- Body camera footage (non-exempt portions)
- City infrastructure project plans and engineering reports
If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Fargo to justify withholding — not on you to pre-determine what's available.
Tips for Effective Public Records Requests in Fargo
Be specific about records
North Dakota law allows the City of Fargo to ask for written clarification if your request does not reasonably identify specific records. The more precise you are — naming departments, date ranges, project names, or contract numbers — the faster and more complete the response will be.
Request records, not answers
Under N.D.C.C. § 44-04-18, the city is not required to answer questions about its operations or create new records to satisfy a request. Frame your request around documents, emails, reports, or data that already exist — not information you want the city to compile or explain.
Set a fee threshold
While the first hour of records retrieval is free, costs can accumulate for large requests. Include a fee cap in your request (e.g., 'notify me before charges exceed $50') so you can decide whether to narrow the scope rather than face an unexpected bill.
Submit in writing
North Dakota law allows oral requests, but submitting in writing creates a clear record of what you asked for and when. This is especially important if you later need to file an AG complaint, which must be accompanied by a copy of your written request.
Know which department to ask
Fargo routes general city records through Communications & Governmental Affairs, but police records go to the Police Department Records Bureau. Sending your request to the right department speeds up response. For court records, use the North Dakota Supreme Court's public search tool or contact Fargo Municipal Court directly.
Watch the 30-day AG deadline
If you believe the city has violated the open records law — by denying your request, failing to respond, or providing an inadequate legal justification — you must file your AG complaint within 30 days of the alleged violation. Missing this window forecloses the AG opinion pathway.
Document everything
Keep copies of your request, any acknowledgment from the city, fee estimates, and correspondence. This documentation is essential if you need to escalate to the Attorney General or file a civil action in district court.
When One Request Reveals a Bigger Problem
Filing a single records request is just the beginning. In fast-growing communities like Fargo — where rapid development, flood infrastructure projects, and a diversifying economy constantly reshape city priorities — a single document can open a window into a much larger story. Project Paper Trail helps residents, journalists, and advocates connect the dots between what public records reveal and the patterns of decision-making that shape their city. The first request is often the easiest step.
Project Paper Trail is an AI-powered platform that helps residents, journalists, and attorneys follow the paper trail on development approvals. We use public records, AI-driven document analysis, and relationship mapping to detect patterns of missing records, procedural shortcuts, and developer-government conflicts of interest. Every finding is sourced from public records. Every conclusion is traceable.
If you've noticed something wrong with a development near you — construction that started before approvals, drainage that doesn't look right, or records that should exist but don't — we can help you follow the paper trail.
Frequently Asked Questions About Public Records in Fargo, North Dakota
How long does the City of Fargo have to respond to a public records request?
North Dakota does not set a specific statutory deadline. Under N.D.C.C. § 44-04-18, the City of Fargo must respond within a 'reasonable time.' The North Dakota Attorney General's Office guidance indicates this means hours or a few days — not weeks. If the city has not responded within a reasonable period, you can file an AG complaint within 30 days of the alleged violation.
Do I have to explain why I want the records or prove I'm a North Dakota resident?
No. Under N.D.C.C. § 44-04-18, the City of Fargo may not ask for your identity, your reason for requesting records, or proof of residency. Anyone — regardless of where they live — has the right to request and obtain copies of Fargo public records.
Will I be charged a fee for public records in Fargo?
Accessing records is generally free, and the first hour of searching is provided at no charge. After that, the City of Fargo may charge up to $25 per hour for locating records and $0.25 per page for standard paper copies under N.D.C.C. § 44-04-18. To avoid surprises, include a fee cap in your request.
What can I do if the City of Fargo denies my records request?
Request a written denial citing the specific statute. Then file a complaint with the North Dakota Attorney General's Office within 30 days, per N.D.C.C. § 44-04-21.1. If the AG finds a violation, Fargo must disclose the records within seven days. If the city still refuses, you may file a civil action in Cass County District Court and potentially recover attorney's fees.
Can I request Fargo Police Department records the same way?
Police records — such as incident reports and crime data — are handled separately by the Fargo Police Department Records Bureau, located at 105 25th Street North. Submit requests through the Police Department's online contact form on fargond.gov. Active criminal intelligence and investigative records are exempt under N.D.C.C. § 44-04-18.7, but completed case reports are generally public.