If I ask a North Dakota county for records and the records are actually held by a separate housing authority that the county appoints board members for, does the county have to track down those records for me?

Plain-English summary

Karen Jordan asked the Morton County Auditor for the meeting minutes of the Morton County Housing Authority (MCHA). The Auditor responded the next day that the MCHA is a separate entity, gave Jordan its contact information, and (going beyond what the law required) voluntarily contacted MCHA, obtained the minutes, and sent them on. Jordan still asked the AG to opine on whether the County had violated North Dakota's open records law.

The AG concluded: no violation. Public entities have to provide access only to records they possess or have custody of. They are not required to track down records held by other entities, even related ones. A housing authority is a separate public body under N.D.C.C. § 23-11-02, and the relationship between the county commission (which appoints MCHA board members) and the housing authority does not make the county the custodian of MCHA's records. The Auditor's voluntary outreach to MCHA was a courtesy, not a legal duty.

What this means for you

If you are a county auditor or records officer in North Dakota

If your office does not hold requested records, tell the requester within a reasonable time that they are not in your possession or do not exist. The opinion does not require you to identify another entity. The Morton County Auditor supplied the housing authority's contact information and later obtained and forwarded its minutes voluntarily; the AG described that outreach as going beyond the law's requirements.

If you are a citizen requesting records about a special district or authority

The opinion treats a housing authority as a separate public entity from the county that appoints its board, citing N.D.C.C. § 23-11-02 (housing authorities are "public bodies corporate and politic"). A records request directed to the county does not reach records held by the separate entity. The county is not required to search for or obtain them.

If you administer a housing authority or special district

The opinion confirms the separate-entity status of housing authorities under N.D.C.C. § 23-11-02. Each entity is responsible only for the records it possesses or has custody of.

Common questions

Q: How quickly does a North Dakota public entity have to respond to a records request? A: When the entity does not have the records, it must inform the requester within a reasonable time. The Auditor responded the next day in this case, and the AG found that response timely. The opinion sets no fixed number of days.

Q: What if a public entity says it does not have the records but I think it does? A: You can request a formal opinion from the AG under N.D.C.C. § 44-04-21.1. The AG will gather facts from both sides and issue an opinion. If the AG finds the records exist and are within the public entity's possession, the AG can find a violation.

Q: Why is a housing authority "separate"?
A: The opinion cites N.D.C.C. § 23-11-02, which creates housing authorities as "public bodies corporate and politic." The County Commission's appointment of the authority's board members did not make the County the custodian of the authority's records.

Q: Does this rule mean I have to send the same request to multiple entities? A: This opinion says Morton County did not have to obtain minutes held by the separate housing authority. To seek those minutes directly, use the authority's contact information, as the Auditor provided to this requester.

Background and statutory framework

N.D.C.C. § 44-04-18 says that, except as otherwise specifically provided by law, public records are open for inspection. The opinion explains that an entity must provide access only to records in its possession or custody. It cites N.D.C.C. § 44-04-18(4) for the rule that an entity need not create records, compile information that does not already exist, or obtain records it does not possess.

A long line of AG opinions confirms that each public entity is responsible only for its own records (cited in this opinion: 2010-O-02, 2005-L-13, 2004-O-05, 2024-O-07, 2024-O-08, 2019-O-13, 2014-O-22). When the entity does not have the requested records, it must "within a reasonable time" inform the requester (see 2017-O-06, 2015-O-17, 2010-O-02, 2008-O-06).

The opinion also confirms that the appointment relationship (county commission appoints housing authority board) does not create a custodial relationship over records. Each entity holds its own records.

Citations and references

Statutes:

• N.D.C.C. § 44-04-17.1 (definitions)
• N.D.C.C. § 44-04-18 (open records)
• N.D.C.C. § 44-04-21.1 (AG opinion process)
• N.D.C.C. § 23-11-02 (housing authorities)

Prior AG opinions:

• N.D.A.G. 2026-O-01; 2024-O-07; 2024-O-08; 2019-O-13; 2017-O-06; 2015-O-17; 2014-O-22; 2010-O-02; 2008-O-06; 2005-L-13; 2004-O-05

Source

• Landing page: https://attorneygeneral.nd.gov/morton-county-did-not-violate-north-dakotas-open-records-law-when-the-county-auditor-within-a-reasonable-time-informed-the-requester-that-the-requested-records-were-not-in-the-county/
• Original PDF: https://attorneygeneral.nd.gov/wp-content/uploads/2026/02/2026-O-06.pdf

Original opinion text

STATE O F N O RTH DA KOT A

OFFICE OF ATTORNEY GENERAL www. atto r n eyg e nera I. n d . gov
(701) 328-2210

Drew H. Wrigley
ATTO RNEY GENERAL

OPEN RECORDS AND MEETINGS OPINION
2026-0-06

DATE ISSUED: February 27, 2026

ISSUED TO: Morton County

CITIZEN'S REQUEST FOR OPINION

Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Morton County violated N.D.C.C. § 44-04-18 by failing or refusing to provide records.

FACTS PRESENTED

On June 28, 2023 , Karen Jordan emailed the Morton County Auditor, requesting the meeting minutes of the Morton County Housing Authority ("MCHA"). 1 The Auditor responded the next day that the MCHA is a separate entity and provided Ms. Jordan with its contact information. 2 The Auditor then voluntarily contacted the MCHA, obtained the requested minutes, and provided them to Ms. Jordan. 3

ISSUE

Whether Morton County's response to a request for records complied 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." 4 Under the open records law, a public entity is required to provide access only to records in its possession or custody. 5 A public entity is not required to create records, compile information that does not already exist, or obtain

1
Email from Karen Jordan to Dawn R. Rhode, CPA, Morton Cnty. Auditor (June 28, 2023 , 9:54 PM).
2
Email from Dawn R. Rhode, CPA, Morton Cnty. Auditor, to Karen Jordan (June 29, 2023 , 11 :47 AM).
3
Email from Dawn R. Rhode, CPA, Morton Cnty. Auditor, to Karen Jordan (July 6, 2023 , 3:42 PM).
4
N.D.C.C. § 44-04-18.
5 N.D.C.C. § 44-04-17.1(16) (definition ofrecord).

OPEN RECORDS AND MEETINGS OPINION 2026-0-06
February 27, 2026
Page 2

records not in its possession. 6 Each office, department, or agency within a political subdivision is responsible only for the records in its possession and has no obligation to locate or provide records held by another agency, even if both are part of the same political subdivision.7 When a public entity does not have the requested records, it must, within a reasonable time, inform the requester that the records are not in its possession or do not exist. 8

Morton County complied with the open records law when the Auditor, within a reasonable time, informed Ms. Jordan that the records were not in the County's possession. Although the County Commission appoints members to the MCHA board, that relationship does not make the County the custodian of MCHA's records. Because the MCHA is a separate public entity,9 the open records law does not require the County to search for, obtain, or provide records maintained by that entity. The Auditor's voluntary efforts to obtain the minutes went beyond what the law requires.

CONCLUSION

It is my opinion that Morton County's response was in compliance with N.D.C.C. § 44-04-18 .

Drew H. Wrigley
Attorney General

amr

cc: Karen Jordan

6
N.D.C.C. § 44-04-18(4); N .D.A.G. 2026-0-01 , citing N.D.C.C. § 44-04-17.1(16); N.D.C.C. § 44-04-18(4); see also N.D.A.G. 2024-0-08 ; N.D.A.G. 2024-0-07; N.D.A.G. 2019-0-13, citing N.D.C.C. § 44-04-17.1(16); N.D.A.G. 2014-0-22; N.D.A.G. 2010-0-02; N.D.A.G. 2004-0-05 . 7 N.D.A.G. 2010-0-02; N.D.A.G. 2005-0-13; N.D.A.G. 2004-0-05. 8 N.D.C.C. § 44-04-18; N.D.A.G. 2017-0-06; N.D.A.G. 2015-0- 17; N.D .A.G. 2010-0-02;

N.D.A.G. 2008-0-06.
9 N.D.C.C. § 23-11-02 (creating housing authorities as public bodies corporate and politic).