Is the personal water bill of a North Dakota fire chief a public record subject to disclosure under the open records law?

Plain-English summary

Karen Jordan emailed Mandan Fire Chief Steve Nardello in May and June 2022 asking for a copy of his personal water bill. Chief Nardello did not reply. The City of Mandan later told the AG's office that the chief had never received the emails. Jordan asked the AG to determine whether the open records law had been violated.

The AG concluded there was no violation. According to the City, the chief never received the emailed requests. The AG also said that, even if he had received them, his personal water bill was not a public record and he had no duty to produce it. The opinion refers to N.D.A.G. 2023-O-07, which addressed a request for the Morton County State's Attorney's personal water bill.

What this means for you

North Dakota public officials

The opinion confirms that a public official's personal water bill is not a record of the public entity that employs the official. Even if the request had been received, the opinion holds the Fire Chief had no duty under N.D.C.C. § 44-04-18 to produce it.

Citizens making open-records requests

The opinion treats a public official's personal utility bill as outside the open records law. It applies the same analysis used in N.D.A.G. 2023-O-07 (Morton County State's Attorney's personal water bill).

Public entities responding to similar requests

The opinion is decided on two grounds: the Fire Chief did not receive the emailed requests, and the personal water bill would not have been a public record even if he had. Either ground was sufficient for the no-violation conclusion.

Common questions

Q: Does this ruling cover bills paid or reimbursed with public funds? A: The opinion addresses the fire chief's personal water bill and does not discuss a bill paid or reimbursed by a public entity.

Q: Would the result be the same for a request to the City utility? A: The opinion does not decide whether the utility holds responsive records or whether any such records would be open. It addresses the request sent to the fire chief for his personal water bill.

Q: Did the chief ignore a request he received?
A: The AG relied on the City's account that Chief Nardello never received the emails. The opinion does not decide what would happen if an official received and overlooked a request for a public record.

Citations and references

Statutes:

• N.D.C.C. § 44-04-18 (open records)
• N.D.C.C. § 44-04-21.1 (AG opinions)

Prior opinions:

• N.D.A.G. 2023-O-07 (personal water bill of Morton County State's Attorney not public record)

Source

• Landing page: https://attorneygeneral.nd.gov/the-mandan-fire-department-did-not-violate-the-open-records-law-by-denying-a-request-for-the-fire-chiefs-personal-water-bill/
• Original PDF: https://attorneygeneral.nd.gov/wp-content/uploads/2024/01/2024-O-02.pdf

Original opinion text

STATE OF NORTH DAKOTA

OFFICE OF ATTORNEY GENERAL

www. attorneygeneral.nd.gov
(701) 328-2210

Drew H. Wrigley

ATTORNEY GENERAL
OPEN RECORDS AND MEETINGS OPINION
2024-O-02
DATE ISSUED: January 3, 2024
ISSUED TO: City of Mandan - Fire Department

CITIZEN’S REQUEST FOR OPINION

Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the City of Mandan, specifically the Fire Chief, violated N.D.C.C. § 44-04-18 by failing to provide a copy of a record.

FACTS PRESENTED

On May 26 and June 26, 2022, Karen Jordan requested that the Mandan Fire Chief Steve Nardello provide a copy of his personal water bill.! Chief Nardello did not reply because he never received the emails she sent.”

ISSUE

Whether the City of Mandan Fire Chief violated the open records law by failing to provide a copy of his private water bill.

ANALYSIS

Any attorney general opinion issued under N.D.C.C. § 44-04-21.1, shall be based on the facts given by the public entity. According to the City of Mandan, Chief Nardello never received the emails from Mrs. Jordan.?

Even if Chief Nardello had received the emails requesting his personal water bills, his personal water bill is not a public record for the same reason explained in a recent opinion where Ms. Jordan requested the personal water bill of the Morton County State’s Attorney.* As such, Chief Nardello had no duty to produce the requested water bill.

1 Email from Karen Jordan to [email protected] (May 26, 2022, 8:32 PM); E-mail from Karen Jordan to [email protected] (June 26, 2022, 10:48 PM).

2 Email from Jim Neubauer, City Adm’r, City of Mandan, to Mary Kae Kelsch, Dir. Gen. Couns. Div., Att’y Gen.’s Off. (Oct. 4, 2022, 8:46 AM).

3 Id.

4N.D.A.G. 2023-0-07.

OPEN RECORDS AND MEETINGS OPINION 2023-0-02
January 3, 2024
Page 2

CONCLUSION

The City of Mandan, specifically the Fire Chief, did not violate the open records law when it did not provide a copy of the Fire Chiefs personal water bill.

Drew H. Wrigley
Attorney General

cc: Karen Jordan