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

What Is the North Dakota Open Records Law?

The North Dakota Open Records Law is codified at N.D.C.C. § 44-04-18 and is grounded in the North Dakota Constitution, Article XI, § 6, which was amended in 1977 to establish that all records of public governmental bodies — and any entity supported in whole or in part by public funds — are public records, open and accessible during reasonable office hours. The statute gives any person the right to inspect and obtain copies of those records, regardless of residency or stated reason.

A 'record' is broadly defined as any recorded information, in any form, that is in the possession of a public entity and relates to public business. This includes emails, meeting minutes, contracts, building permits, city commission agendas, police logs, budget documents, engineering reports, and financial statements. The law applies to the City of Mandan and all of its departments.

Key exemptions include certain personnel records and private employee information, active law enforcement investigative files, attorney-client communications and active litigation records, financial account numbers, domestic violence victim information, trade secrets, and security plans. Each exemption must be grounded in specific statutory authority — the burden is on the City of Mandan to identify the legal basis for withholding any record, not on the requester to justify access.

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 Mandan

How to Submit Your Request

The North Dakota Open Records Law does not require a written request — you may make a request by phone, email, mail, or in person. However, submitting your request in writing creates a clear record of what you asked for and when, and is strongly recommended. For City of Mandan records, direct your written request to the City Administration at Mandan City Hall, 205 2nd Ave NW, Mandan, ND 58554, or by calling (701) 667-3210. For specific departmental records (police reports, planning documents, finance records), you may contact the relevant department directly. Note: the City's online 'Report A Concern' form explicitly warns that using it for records requests may cause delays — use direct written communication instead. No standard form is required by the city.

What to Include in Your Request

• Your name and return mailing address or email
• A specific description of the records you are requesting (identify them as precisely as possible — date ranges, record types, department)
• Your preferred format for the response (electronic copies, paper copies, or inspection)
• A fee threshold — state the maximum amount you are willing to pay without prior approval, or request a fee waiver if applicable
• A request for written notification if any portion of the records is denied, including the specific statutory authority for the denial
• Whether you prefer to pick up records in person or have them mailed or emailed
• The date of your request

Response Deadlines and What to Expect

Unlike many states, North Dakota does not set a fixed statutory deadline for public records responses. Under N.D.C.C. § 44-04-18, a public entity must respond within a 'reasonable time' — a standard that depends on the scope of the request, the volume of records involved, and the resources available to the agency. The North Dakota Attorney General has found that even when an agency is making a genuine effort to locate records, failing to inform the requester of the delay can itself constitute an unreasonable delay.

In practice, a response to a straightforward request should come within a few days to two weeks. Complex requests involving large volumes of records, or records requiring review for exempt material, may take longer. You should receive either the records, a notice that the records are ready for inspection, or a written denial with statutory citation. If asked for written clarification of your request, the city may request that — but it may not ask for your identity or your reason for requesting.

Fees: Paper copies may be charged at up to $0.25 per page for standard letter or legal-size documents. The first hour of staff time to locate records is free; after that, the city may charge up to $25 per hour for retrieval and $25 per hour for redaction. Electronic copies are provided at no more than the actual cost of reproduction. Agencies may require estimated fee payment in advance.

What to Do If Your Request Is Denied or Delayed

A denial or an extended delay without explanation can be frustrating, but North Dakota law gives you meaningful tools to push back.

If the City of Mandan denies your request, the first step is to ask for the denial in writing. Under N.D.C.C. § 44-04-18(7), any denial must describe the specific legal authority for withholding the record. A verbal denial or a vague explanation is not sufficient — you are entitled to know exactly which statute the city is relying on.

Once you have a written denial, you may request an opinion from the North Dakota Attorney General's Office under N.D.C.C. § 44-04-21.1. This request must be submitted within 30 days of the alleged violation. The Attorney General will review the denial and issue a written opinion. If the AG concludes the city violated the law, Mandan has seven days to disclose the record. Note that the AG can decline to issue an opinion if you have made more than one opinion request in the prior 30 days or more than five in the past 12 months.

If the city fails to comply with an AG opinion finding a violation and you prevail in a subsequent civil lawsuit under N.D.C.C. § 44-04-21.2, you must be awarded costs and reasonable attorney's fees. For intentional or knowing violations, the court may award damages of $1,000 or actual damages, whichever is greater. A public official who knowingly violates the law can also be charged with a class A misdemeanor under N.D.C.C. § 44-04-21.3.

For unreasonable delays — rather than outright denials — the AG can also issue an opinion. If you believe a delay has become unreasonable, document all your communications with the city and consult with a public records attorney or contact the AG's office for guidance.

Steps to Appeal

1. Ask the City of Mandan to put any denial in writing, with the specific statutory authority cited under N.D.C.C. § 44-04-18(7).
2. Contact the relevant city department or supervisor to clarify your request and resolve any misunderstanding informally before escalating.
3. Submit a written opinion request to the North Dakota Attorney General's Office under N.D.C.C. § 44-04-21.1 within 30 days of the alleged violation; attach a copy of your dated written records request.
4. Await the AG's written opinion: if the AG concludes a violation occurred, the City of Mandan has seven days to disclose the record.
5. If Mandan fails to comply with the AG opinion within seven days, file a civil action in Morton County District Court under N.D.C.C. § 44-04-21.2.
6. If you prevail in the civil action, the court must award you costs, disbursements, and reasonable attorney's fees; the court may also award damages up to $1,000 (or actual damages, whichever is greater) for intentional violations.
7. If a city official is found to have knowingly violated the open records law in multiple AG opinions, the AG may refer the matter to the state's attorney for criminal prosecution; a knowing violation is a class A misdemeanor under N.D.C.C. § 44-04-21.3.

Types of Records You Can Request from Mandan, North Dakota

The North Dakota Open Records Law covers any recorded information relating to public business held by the City of Mandan. Below are common record types that residents and researchers frequently request from Mandan city government.

• City Commission meeting agendas, minutes, and resolutions
• City budget documents, financial statements, and annual audit reports
• Contracts and agreements between the City and vendors, consultants, or contractors
• Building permits, inspection records, and code enforcement complaints
• Planning and zoning applications, variance requests, and subdivision plats
• Police department records (incident reports, dispatch logs, arrest records where not exempt)
• City employee salary information and payroll data
• Special assessment records, tax rolls, and property assessment data
• Engineering project files and street improvement records
• Correspondence and emails of city officials on public business matters
• Business license applications and approvals
• City-owned property records and lease agreements
• Airport (Mandan Regional Airport) operational records and contracts
• Grant applications and records of federal or state funding received by the City
• Public Works maintenance records and infrastructure inspection reports

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

Tips for Effective Public Records Requests in Mandan