ND 2024-O-02 2024-01-03

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

Short answer: No. The Mandan Fire Department did not violate the open records law by denying a request for the Fire Chief's personal water bill. A public official's personal water bill is not a record of the public entity, even if the chief never received the request.

Disclaimer: This is an official North Dakota Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed North Dakota attorney for advice on your specific situation.

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. Two reasons. First, the chief did not receive the request, so there was nothing to respond to from his end. Second, even if he had received it, his personal water bill isn't a record of the Fire Department. A 2023 opinion (N.D.A.G. 2023-O-07) had reached the same conclusion about the Morton County State's Attorney's personal water bill. A public official's personal utility bill belongs to the official, not to the agency that employs them, and is not subject to N.D.C.C. § 44-04-18.

What this means for you

If you're a public official

Your personal records (utility bills, banking statements, household correspondence) are not public records of your agency. You're under no obligation to produce them through your official email or in your official capacity.

If you've requested records of an official's personal life

You'll need a different legal theory. Open records laws cover records the public entity holds in its official capacity. Personal materials the entity doesn't hold and isn't required to hold fall outside.

Common questions

Q: What if the official paid the water bill from a public account or received reimbursement?
A: Different question, different answer. Public funds expenditures are records of the entity. The opinion addresses only a personal water bill, not a transaction involving public money.

Q: Could the request have been more successful if directed at the City utility?
A: A water utility might have records about the chief's residential account, but the opinion doesn't address whether those records would be open as public records of the utility itself. (Most utility customer billing records are protected from disclosure under various confidentiality provisions.)

Q: What if a public official ignores a request that arrived in their inbox?
A: That's a different scenario. The opinion specifically credits the City's representation that Chief Nardello never received the emails. AG Op. 2024-O-01, issued the same day, reached a different result for a record request that was received but overlooked.

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

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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.

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 Chief's personal water bill.

Drew H. Wrigley
Attorney General

cc: Karen Jordan