How to File a Public Records Request in West Fargo, North Dakota

What Is the North Dakota Open Records Law?

The North Dakota Open Records Law is codified in Chapter 44-04 of the North Dakota Century Code, beginning at § 44-04-17.1. It guarantees that all records of a public entity are open and accessible for inspection during reasonable office hours, unless a specific law authorizes the record to be withheld. The law applies to state and local government agencies, political subdivisions, public schools, and private organizations supported by or expending public funds — including the City of West Fargo.

A 'record' under the law means any recorded information in the possession or custody of a public entity that was received or prepared for use in public business. This includes emails, contracts, permits, meeting minutes, budgets, policy documents, and law enforcement reports (subject to specific exemptions). Preliminary drafts and working papers are also included.

Key exemptions include personnel records, attorney-client privileged communications, active litigation records, juvenile records, criminal investigative information, trade secrets, and domestic violence victim information. The burden of proof to justify withholding rests with the government — not with the requester. Requests may be made by any medium (phone, email, mail, or in person) and need not be in writing, though a written request creates a clearer record for appeals.

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 West Fargo

How to Submit Your Request

The City of West Fargo accepts public records requests through its online JustFOIA portal at westfargond.justfoia.com/publicportal, which is the city's preferred and most efficient submission method. Through the portal you can submit your request, track its status, and receive records electronically. You may also download and submit the city's optional Records Request Form (available at westfargond.gov) and submit it by mail or in person at City Hall, 2515 6th Street E., West Fargo, ND 58078. Requests may also be made verbally by calling (701) 515-5000 during business hours. Under North Dakota law, a request need not be in writing, but a written or portal submission creates the clearest record for follow-up and potential appeal. For police reports and law enforcement records, use the West Fargo Police Department's records process at 800 Fourth Ave. E., Suite 2, West Fargo, ND 58078.

What to Include in Your Request

• Your name and preferred contact information (name is technically optional under ND law but recommended)
• A specific and clear description of the records you are requesting (date ranges, document types, involved parties)
• Your preferred format or delivery method (electronic, paper, pick-up, or mail)
• The department or office likely to hold the records, if known
• Any relevant case numbers, project names, or reference information that helps identify the record
• A statement citing N.D.C.C. § 44-04-18 as your legal basis for the request
• Your preferred method of fee notification if charges are anticipated to be significant

Response Deadlines and What to Expect

Unlike some states that impose a fixed-day deadline for responding to public records requests, North Dakota law requires public entities to respond 'within a reasonable time.' Under N.D.C.C. § 44-04-18, what is considered reasonable depends on the volume and complexity of the request, but unreasonable delays are themselves a violation of the law. The statute is violated when the right to review or receive a copy of a non-exempt record is denied or unreasonably delayed.

In practice, the City of West Fargo acknowledges requests and provides an estimate of any applicable fees before proceeding. Once estimated fees are communicated, you have 10 days to confirm payment; if payment is not received, the city may treat your request as withdrawn. After payment, the city will locate, redact as required, and produce the records.

Copying fees are based on actual cost, including labor and materials. Under state law, agencies may charge up to $25 per hour for locating records if the process takes more than one hour (first hour is free), and up to $25 per hour for redaction (first hour also free). The city may require payment before producing records.

If you have not received a substantive response within a reasonable period — typically 10 to 20 business days for routine requests — follow up in writing and retain a copy. Persistent delays may support an Attorney General opinion request.

What to Do If Your Request Is Denied or Delayed

Receiving a denial — or no response at all — can be frustrating, but North Dakota law gives you meaningful tools to push back. The most important first step is to get the denial in writing. Under N.D.C.C. § 44-04-18(7), any denial must describe the legal authority for withholding and must be provided in writing if you request it. Ask for this immediately if it has not been provided.

Common reasons for denial include claims that records are exempt under personnel, law enforcement, attorney-client, or active litigation provisions. While some exemptions are legitimate, agencies must identify the specific statutory basis — a vague or unexplained denial is itself a violation.

If you believe a denial is improper, or if your request has gone unanswered for an unreasonable period, North Dakota law provides a clear escalation path. The most accessible option is to request an Attorney General's opinion under N.D.C.C. § 44-04-21.1. This is free, requires no attorney, and carries real enforcement weight — if the AG finds a violation, the entity must disclose the record within 7 days or face potential personal liability for the officials responsible.

If the AG finds a violation and the entity fails to comply, you may file a civil action under N.D.C.C. § 44-04-21.2. A prevailing requester in a civil action is entitled to costs, disbursements, and reasonable attorney's fees. This attorney fee provision makes it economically feasible to challenge improper denials even for individual requesters without resources to fund extended litigation.

Steps to Appeal

1. Request a written denial: If your request was denied verbally or without explanation, ask the city in writing to provide the specific legal authority for the denial under N.D.C.C. § 44-04-18(7).
2. Contact the City Administrator or City Clerk: Escalate informally to a supervisor within the City of West Fargo, explaining that you believe the denial is inconsistent with N.D.C.C. § 44-04-18. Sometimes this resolves the dispute without further escalation.
3. Give the required notice: Before filing a civil action, provide at least 3 working days' written notice of the alleged violation to the chief administrative officer of the City of West Fargo, as required by N.D.C.C. § 44-04-21.2.
4. Request an Attorney General's Opinion: Submit a written complaint within 30 days of the alleged violation to the North Dakota Attorney General's Office, 600 E. Boulevard Ave., Dept. 125, Bismarck, ND 58505. Include your request, the city's response, and the facts of the dispute. This process is free and typically takes 120–180 days (N.D.C.C. § 44-04-21.1).
5. Comply with the AG opinion: If the AG finds a violation, the City of West Fargo has 7 days to disclose the record. The AG may also mandate training for violations of law.
6. File a civil action: If the city fails to comply with a favorable AG opinion within 7 days, file a civil action in district court under N.D.C.C. § 44-04-21.2 within 60 days of learning of the violation or 30 days of the AG opinion, whichever is later. Courts may award declaratory relief, injunction, mandamus, and reasonable attorney's fees.
7. Consult an attorney: For complex denials or significant public interest matters, consult an attorney familiar with North Dakota open records law. The attorney fee provision in § 44-04-21.2 may make it feasible to find representation on a contingency basis.

Types of Records You Can Request from West Fargo, North Dakota

West Fargo city government generates a wide range of public records across its departments, from planning and public works to finance, public safety, and administration. Under North Dakota law, all such records are presumptively public unless a specific exemption applies.

• City Commission meeting minutes, agendas, and resolutions
• Building permits, inspection reports, and zoning variance applications
• City contracts, vendor agreements, and procurement records
• Annual municipal budgets, expenditure reports, and financial audits
• City-owned property records and real estate transactions
• Public works project plans, engineering reports, and infrastructure contracts
• West Fargo Police Department incident reports and crash reports (after case disposition)
• Code enforcement complaints, violation notices, and abatement orders
• Economic development agreements and Tax Increment Financing (TIF) documents
• City employee salary schedules and position classifications (non-personnel file data)
• Environmental reports, utility plans, and stormwater management documents
• Planning Commission reports, subdivision plats, and development agreements
• City Attorney communications (subject to attorney-client privilege exemption)
• Grant applications and federal or state funding records

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

Tips for Effective Public Records Requests in West Fargo