If a North Dakota agency hands me a $3,475 estimate to fulfill an open records request, can I challenge it as excessive?

Plain-English summary

In December 2022, Levi Mayo asked the West Fargo Police Department for two things: the WFPD's policy and procedure manual (78 General Orders) and the personnel files of all 63 sworn officers. The WFPD responded with a $3,475 cost estimate, calculated as one hour of review and redaction per General Order plus one hour per personnel file, at $25 per hour, with one initial hour deducted from each of the two record groups in the WFPD estimate. Mayo asked the AG whether the estimate was excessive and violated the open records law.

The AG concluded it didn't. North Dakota's open records statute, N.D.C.C. § 44-04-18(2), expressly authorizes a fee of "twenty-five dollars per hour per request, excluding the initial hour, for excising confidential or closed material" and lets the public entity require advance payment. The records the WFPD identified contain confidential or exempt information across multiple statutes: tactical procedures and security plans (§§ 44-04-18.7(3), 44-04-24, 44-04-25), personal information in personnel files (§ 44-04-18.1(2)), and law enforcement personnel records (§§ 44-04-18.3(1), (3), 44-04-18.31). The AG accepted the WFPD's one-hour-per-document estimate on the facts the Department supplied and found that the charges were authorized.

The AG noted that a requester always retains the right to narrow or clarify a request to reduce costs. Mr. Mayo declined to do so. The WFPD's estimate was thus lawfully constructed and didn't violate § 44-04-18. The AG also added a footnote: an estimate is just an estimate. If the actual time turns out to be less, the WFPD must refund the difference.

What this means for you

Requesters facing a large records-fee estimate

The opinion confirms that a cost estimate based on statutorily authorized charges does not violate N.D.C.C. § 44-04-18 even when it is large. The opinion expressly notes that "Requesters retain the right to narrow or clarify their requests to reduce costs"; declining to narrow does not make a lawful estimate unlawful.

North Dakota law enforcement agencies setting records fees

The AG accepted the WFPD's estimate of one hour per document on the facts it provided. The opinion applies § 44-04-18(2)'s $25-per-hour redaction fee, excluding the initial hour, and identifies statutes relevant to possible redactions. For police personnel files and policy manuals, the opinion identifies §§ 44-04-18.1(2), 44-04-18.3(1), (3), 44-04-18.31, 44-04-18.7(3), 44-04-24, and 44-04-25 as the redaction-driving authorities.

Public entities collecting advance payment

The opinion confirms that § 44-04-18(2) "permits a public entity to require payment from the requester prior to locating, redacting, making, or mailing records."

Reconciliation of estimate vs. actual

The opinion's closing note states that the WFPD "should refund the difference to the requester" if the actual cost of producing the records is less than the estimate.

Common questions

Why is the first hour free?

N.D.C.C. § 44-04-18(2) gives every requester a free first hour of redaction time per request. Beyond that, the agency may charge up to $25/hour. The opinion applies that exclusion to the WFPD's redaction estimate.

What if I don't believe the estimate of one hour per document?

The AG accepted this one-hour-per-document estimate based on the WFPD's account of the records and anticipated redactions. Footnote 24 says the Department should refund the difference if the actual cost is lower than estimated. The opinion does not address a higher final bill.

What kinds of information is the agency required to redact?

For police personnel files, the listed statutory exemptions cover: personal information (§ 44-04-18.1(2)), home addresses and telephone numbers (§ 44-04-18.3(1)), work schedules (§ 44-04-18.3(3)), and background-interview materials (§ 44-04-18.31). For policy/procedure manuals, redactable material includes active criminal intelligence (§ 44-04-18.7(3)), security plans (§ 44-04-24), and certain public health/security plans (§ 44-04-25).

Can I avoid the cost by scoping my request to specific officers or specific time periods?

Yes. Narrowing the request reduces the number of documents and the redaction time. The AG opinion expressly notes that "Requesters retain the right to narrow or clarify their requests to reduce costs."

Background and statutory framework

The fee scheme for North Dakota records requests sits in N.D.C.C. § 44-04-18(2): a public entity may charge "a fee not exceeding twenty-five dollars per hour per request, excluding the initial hour, for excising confidential or closed material." The same subsection authorizes advance payment.

The substance of what gets redacted comes from a network of exemption statutes:

• § 44-04-18.7(3), active criminal intelligence
• § 44-04-24, security system plans
• § 44-04-25, public health and security plans
• § 44-04-18.1(2), personal information in personnel records
• § 44-04-18.3(1), telephone numbers and home addresses of law enforcement officers (confidential)
• § 44-04-18.3(3), work schedules (exempt)
• § 44-04-18.31, background interviews for law enforcement officers

Prior AG opinions establish the limits on chargeable fees: N.D.A.G. 2011-O-12 says the entity may only assess "specific charges allowed by law"; N.D.A.G. 2003-O-04 warns that "Methods of providing access or copies that are unnecessarily costly should be avoided because that can effectively deny access to public records." The AG concluded this estimate was based on legally authorized charges, while repeating the warning against unnecessarily costly access methods.

Citations

• N.D.C.C. § 44-04-18(1)–(2) (default openness; chargeable redaction fee)
• N.D.C.C. § 44-04-18.1(2) (personnel record personal information exemption)
• N.D.C.C. § 44-04-18.3(1), (3) (law enforcement personnel records)
• N.D.C.C. § 44-04-18.31 (background interviews for law enforcement officers)
• N.D.C.C. § 44-04-18.7(3) (active criminal intelligence)
• N.D.C.C. §§ 44-04-24, 44-04-25 (security and public health plans)
• N.D.A.G. 2011-O-12 (charges must be law-authorized)
• N.D.A.G. 2003-O-04 (avoiding unnecessarily costly methods)

Source

• Landing page: https://attorneygeneral.nd.gov/west-fargo-police-department/
• Original PDF: https://attorneygeneral.nd.gov/wp-content/uploads/2025/12/2025-O-16.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
2025-O-16

DATE ISSUED: December 2, 2025
ISSUED TO: West Fargo Police Department

CITIZEN'S REQUEST FOR OPINION

Levi Mayo requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether the West Fargo Police Department violated N.D.C.C. § 44-04-18 by providing an excessive cost estimate of compliance with an open records request.

FACTS PRESENTED

On December 28, 2022, Levi Mayo submitted a records request to the West Fargo Police Department (WFPD) seeking the WFPD's policy and procedure manual and the personnel files for all police officers employed by the WFPD.[1]

According to the WFPD, the policy and procedure manual consists of 78 General Orders containing security plans, criminal intelligence, tactical procedures, and training materials.[2] The WFPD estimated that reviewing and redacting each order would take approximately one hour each.[3] After subtracting the first free hour of review, this portion of the estimate totaled $1,925.[4]

At the time of the request, the WFPD employed 63 sworn officers.[5] According to the WFPD, the personnel files contain confidential personal information, including background check information and work schedules.[6] The WFPD estimated that reviewing and redacting each file would take approximately one hour each.[7] After subtracting the first hour of review, this portion of the estimate totaled $1,550.[8]

The total estimated cost of $3,475 was calculated based on the time needed to review and redact the records for exempt or confidential information.[9] The WFPD issued the estimate before beginning work, and Mr. Mayo did not reduce or clarify his request to lower the anticipated charges.[10]

ISSUE

Whether the West Fargo Police Department's estimate of charges they claim is necessary to respond to a records request complies with N.D.C.C. § 44-04-18.

ANALYSIS

"Except as otherwise specifically provided by law, all records of a public entity are public records, open and accessible for inspection during reasonable office hours."[11] A public entity may charge a fee for responding to an open records request only if the charge is specifically authorized by law.[12] N.D.C.C. § 44-04-18(2), provides that a public entity may charge "a fee not exceeding twenty-five dollars per hour per request, excluding the initial hour, for excising confidential or closed material."[13] The statute also permits a public entity to require payment from the requester prior to locating, redacting, making, or mailing records.[14]

Mr. Mayo's request included two broad categories of records: (1) the WFPD's policy and procedure manual, consisting of 78 General Orders, and (2) the personnel files for all 63 sworn officers.[15] The WFPD claims that the high estimate reflects the large volume of records and the need to conduct a detailed review of each document to identify and redact confidential or exempt information.[16] According to the WFPD, the policy documents include security plans and criminal intelligence information, such as tactical procedures and training materials related to prospective criminal activities.[17] The personnel files contain personal information, background check information, and work schedules that are exempt from disclosure under the open records law.[18]

The WFPD estimated that reviewing and redacting 78 General Orders and 63 personnel files would take approximately one hour per document. After subtracting the first two free hours, the WFPD estimated it would cost $3,475 (139 hours x $25) to respond to the records request.[19]

A public entity may charge up to twenty-five dollars per hour, excluding the first hour, for time spent redacting confidential or close information, and may require advance payment.[20] Based on this authority, the WFPD provided Mr. Mayo with a cost estimate of $3,475 for the anticipated time to review and redact the requested records. An entity may only assess specific charges allowed by law and an estimate provided to a requester must be based only on legally chargeable fees.[21] Methods of providing access or copies that are unnecessarily costly should be avoided because that can effectively deny access to public records.[22] Any opinion issued pursuant to N.D.C.C. § 44-04-21.1 must base the opinion on the facts provided by the public entity.[23] Because the estimate provided by the WFPD was based on charges authorized by law, no violation of the open records law occurred.[24]

Requesters retain the right to narrow or clarify their requests to reduce costs. Nevertheless, Mr. Mayo declined to narrow his request.

CONCLUSION

The West Fargo Police Department properly estimated the allowable charges in this matter and, therefore, did not violate N.D.C.C. § 44-04-18.

Attorney General

AMR/mjh
cc: Levi Mayo

[1] Email from Levi Mayo to Brenda K. Hieb, Recs. Specialist, West Fargo Police Dep't (Dec. 28, 2022, 9:43 AM).

[2] Email from Brenda K. Hieb, Recs. Specialist, West Fargo Police Dep't, to Levi Mayo (Jan. 3, 2023, 10:09 AM).

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] N.D.C.C. § 44-04-18(1).

[12] N.D.C.C. § 44-04-18.

[13] N.D.C.C. § 44-04-18(2).

[14] Id.

[15] Email from Levi Mayo to Brenda K. Hieb, Recs. Specialist, West Fargo Police Dep't (Dec. 28, 2022, 9:43 AM); Email from Brenda K. Hieb, Recs. Specialist, West Fargo Police Dep't, to Levi Mayo (Jan. 3, 2023, 10:09 AM); Letter from Denis E. Otterness, Chief of Police, West Fargo Police Dep't, to Annique M. Lockard, Assistant Att'y Gen., Office of Att'y Gen. (Feb. 27, 2023).

[16] Letter from Denis E. Otterness, Chief of Police, West Fargo Police Dep't, to Annique M. Lockard, Assistant Att'y Gen., Office of Att'y Gen. (Feb. 27, 2023).

[17] Letter from Denis E. Otterness, Chief of Police, West Fargo Police Dep't, to Annique M. Lockard, Assistant Att'y Gen., Off. of Atty. Gen. (Feb. 27, 2023). N.D.C.C. 44-04-18.7(3) (active criminal intelligence information is an exempt record); N.D.C.C. § 44-04-24 (exemption of security system plan); N.D.C.C. § 44-04-25 (exemption of public health and security plans).

[18] Letter from Denis E. Otterness, Chief of Police, West Fargo Police Dep't, to Annique M. Lockard, Assistant Att'y Gen., Off. of Atty. Gen. (Feb. 27, 2023). N.D.C.C. § 44-04-18.1(2) (exemption of public employee's personal information contained in a personnel record); N.D.C.C. § 44-04-18.3(1), (3) (providing law enforcement personnel records containing telephone numbers and home addresses are confidential and records containing work schedules are exempt); N.D.C.C. § 44-04-18.31 (exemption of background interviews for law enforcement officers).

[19] Email from Brenda K. Hieb, Recs. Specialist, West Fargo Police Dep't, to Levi Mayo (Jan. 3, 2023, 10:09 AM).

[20] N.D.C.C. § 44-04-18(2).

[21] N.D.A.G. 2011-O-12.

[22] N.D.A.G. 2003-O-04.

[23] N.D.C.C. § 44-04-21.1(1).

[24] The estimate is just that, an estimate, so if the actual costs of providing the records is not as estimated, then the West Fargo Police Dep't should refund the difference to the requester.