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

What Is the North Dakota Open Records Law?

The North Dakota Open Records Law, codified primarily at N.D.C.C. § 44-04-18 et seq., guarantees that all records of public entities are open and accessible for inspection unless a specific statute closes them. This right is reinforced by the North Dakota Constitution itself: Article XI, Section 6 declares that all records of public or governmental bodies — including political subdivisions like the City of Horace — shall be public records open for inspection during reasonable office hours.

The law defines 'record' broadly to include any recorded information of any kind, regardless of physical form or characteristic, that is in the possession or custody of a public entity and was received or prepared in connection with public business. This encompasses paper documents, emails, electronic files, audio recordings, video files, permits, contracts, meeting minutes, and financial records.

Key exemptions include juvenile records, active law enforcement investigative records, attorney work product, trade secrets, public employee medical records, tax information, and domestic violence victim identifying information. Any exemption must be grounded in a specific statute — implied exceptions are not permitted under North Dakota law. The burden falls on the City of Horace to identify the precise legal authority for any withholding.

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 Horace

How to Submit Your Request

The City of Horace accepts public records requests by any available medium — online, by email, by mail, or in person — in accordance with N.D.C.C. § 44-04-18. No specific form is legally required, but the City offers an online request form at cityofhorace.com/form_center/public_records_request.php to facilitate your request. Using this form is recommended because it ensures your request reaches the right staff member quickly. You may also submit directly via email to request@cityofhorace.com, mail your request to City Hall at 215 E Park Dr, Horace, ND 58047, or visit City Hall in person. Once a request is received, the City will provide a cost estimate before any search begins. Payment is required prior to the search.

What to Include in Your Request

• Your full name and preferred contact information (phone, email, or mailing address)
• A clear and specific description of the records you are seeking
• A preferred date range or timeframe for the records, if applicable
• Any relevant names, departments, or document types that would help staff locate the records
• Your preferred format for receiving records (paper copies or electronic files)
• A maximum fee amount you are willing to pay without further authorization, if desired
• A note requesting a written explanation if any portion of your request is denied

Response Deadlines and What to Expect

Unlike many states, North Dakota does not set a fixed number of days for agencies to respond to public records requests. Under N.D.C.C. § 44-04-18, when a public entity receives a records request, it must respond within a 'reasonable time' — either by providing the records or by citing the specific legal authority for a denial. What qualifies as reasonable depends on factors such as the volume and type of records requested, staff availability, and the complexity of any required redactions.

The law does specify that a violation occurs when a person's right to review or receive a copy of a non-exempt record is 'denied or unreasonably delayed' (N.D.C.C. § 44-04-18(8)). If you feel the City is taking too long, you may contact City Hall at (701) 492-2972 to follow up. If your request is denied, ask for the denial in writing with the specific statutory justification, as required by N.D.C.C. § 44-04-18(7).

Regarding fees, the City of Horace provides the first hour of record locating at no charge. After the first hour, the City may charge up to $25 per hour for locating records and an additional $25 per hour for redacting confidential material. Paper copies are charged at $0.25 per page for standard sizes. Payment is required before the search begins, so the City will provide a cost estimate after receiving your request.

What to Do If Your Request Is Denied or Delayed

Receiving a denial or experiencing a prolonged delay on a records request is frustrating — but North Dakota law gives you meaningful tools to push back. The most common reasons a city will deny a request include claims that the records are exempt (such as personnel medical records, active law enforcement investigation files, or attorney work product), that the records don't exist, or that the request is too broad to reasonably fulfill as written.

If your request is denied, your first step is to ask for the denial in writing. Under N.D.C.C. § 44-04-18(7), a denial must describe the specific legal authority for withholding the record. Verbal denials without a legal citation are not sufficient — insist on written documentation.

If the written denial cites a legal basis you believe is incorrect, you may request a formal opinion from the North Dakota Attorney General under N.D.C.C. § 44-04-21.1. This is a powerful and free tool: if the AG concludes that a violation occurred, the City has just seven days to disclose the record. The AG's opinions are binding on all public officials unless overruled by a court.

If the City still refuses to comply after an AG opinion finding a violation, and you subsequently prevail in a civil action under N.D.C.C. § 44-04-21.2, the court must award you costs, disbursements, and reasonable attorney's fees. For intentional or knowing violations, courts may also award damages of $1,000 or actual damages — whichever is greater.

If your request is simply being ignored or delayed without explanation, that too can constitute a violation. Document all communications with the City, note the dates of your requests and follow-ups, and consider filing an AG opinion request if the delay appears unreasonable.

Steps to Appeal

1. Request the denial in writing, asking the City to identify the specific statutory authority for withholding the record under N.D.C.C. § 44-04-18(7).
2. Contact City Hall at (701) 492-2972 or request@cityofhorace.com to clarify the scope of your request — sometimes narrowing it can resolve a dispute informally.
3. Submit a request for a formal opinion from the North Dakota Attorney General under N.D.C.C. § 44-04-21.1, which is free and binding on public officials; visit attorneygeneral.nd.gov for instructions.
4. If the AG issues an opinion finding a violation, the City of Horace must disclose the records within seven days per N.D.C.C. § 44-04-21.1(2).
5. If the City fails to comply with the AG's opinion, file a civil action in district court under N.D.C.C. § 44-04-21.2 — prevailing requesters are entitled to mandatory costs, disbursements, and reasonable attorney's fees.
6. For intentional or knowing violations, petition the court for damages of $1,000 or actual damages (whichever is greater) under N.D.C.C. § 44-04-21.2.
7. Consider contacting a media law attorney, the Reporters Committee for Freedom of the Press, or the North Dakota Newspaper Association for assistance with complex or contested denials.

Types of Records You Can Request from Horace, North Dakota

The City of Horace maintains a wide range of public records as part of its day-to-day operations. The following are common record types that residents, journalists, businesses, and researchers frequently request from North Dakota municipalities.

• City Council meeting minutes and agendas
• City ordinances, resolutions, and municipal code amendments
• Building permits, zoning applications, and variance approvals
• City contracts and vendor agreements
• City budget documents, financial statements, and audit reports
• Public Works project plans, bids, and contractor records
• City employee salary and compensation records
• Police department incident reports, call logs, and dispatch records
• Planning and zoning commission records
• City-owned property records and land use documents
• Water, sewer, and utility infrastructure records
• Code enforcement complaints and inspection reports
• City correspondence and inter-department communications related to public business
• Grant applications and agreements with state or federal agencies

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

Tips for Effective Public Records Requests in Horace