Is a housing authority responsible for records requested from an employee acting in an unrelated personal role, like a school board seat?

Plain-English summary

North Dakota Attorney General Drew Wrigley concluded that the Morton County Housing Authority did not violate the state's open records law, because the citizen who complained never actually made a records request to the Housing Authority in the first place. The requester, Karen Jordan, emailed Rick Horn, who wears two hats: he owns the management company that runs the Housing Authority, and separately sits on the Mandan Public School Board. Her emails were addressed to him as a school board member and asked for school board email addresses, not for anything related to his housing authority role.

Mr. Horn told her to route the request through the Mandan school district's office, and the Housing Authority itself had no responsive emails. The AG's opinion turns on a basic rule: a public entity is only responsible for records within its own possession, and a request that was clearly directed at someone's separate government role does not create an obligation for a different entity that person also happens to work for.

What this means for you

Housing authorities and other public entities whose staff wear multiple hats

The opinion holds that a records request is only binding on the entity to which it was actually directed; when a citizen's request is addressed to a person in their capacity with a different public body, the entity that person also serves does not have to respond, because no request was made to it.

People submitting open records requests to officials with multiple roles

The opinion holds that being clear about which entity and capacity you are addressing matters. Ms. Jordan's emails referenced Mr. Horn's school board role and never mentioned the Housing Authority, so her request was treated as directed only at the school board, not at the Housing Authority.

Attorneys advising entities that contract with the same management company or staff as another public body

The opinion confirms a public entity generally has no obligation to obtain records it does not have, and each entity is responsible only for records within its own possession or custody, not records held by an affiliated but separate public body.

Common questions

Q: If someone works for two different public entities, which one has to respond to a records request?
A: Based on this opinion, whichever entity the request was actually addressed to and directed at. Here, because the request was clearly aimed at the person's school board role, the housing authority he also worked for was not obligated to respond.

Q: Does a public entity have to track down records held by another agency?
A: No. The opinion confirms a public entity generally has no obligation to obtain records it does not possess, and is responsible only for the records within its own possession or custody.

Q: What should someone do if they're not sure which entity to address a records request to?
A: The opinion doesn't set a formal rule here, but the practical lesson is to name the specific public entity and clarify which official capacity you are addressing, especially when the same person serves more than one public body.

Background and statutory framework

North Dakota's open records law makes public entity records open and accessible "except as otherwise specifically provided by law," and requires an entity to furnish requested records "upon request." But the records required to be disclosed are only those within the "possession or custody of the public entity or its agent," and a public entity generally has no obligation to obtain records it does not have. Each agency of a political subdivision is responsible only for the records in its own possession, not records held by another agency of the same political subdivision.

Citations and references

Statutes:
- N.D.C.C. § 44-04-18, general open records access requirement
- N.D.C.C. § 44-04-18(1), records open and accessible except as otherwise provided by law
- N.D.C.C. § 44-04-18(2), duty to furnish requested public records upon request
- N.D.C.C. § 44-04-17.1(16), records limited to those in the possession or custody of the public entity or its agent
- N.D.C.C. §§ 23-11-02, 44-04-17.1(13)(b), housing authorities as public entities subject to the open records law

Source

• Landing page: https://attorneygeneral.nd.gov/the-north-dakota-attorney-general-issued-an-opinion-to-the-morton-county-housing-authority/
• Original PDF: https://attorneygeneral.nd.gov/wp-content/uploads/2026/06/2026-O-13.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
2026-O-13

DATE ISSUED:

June 29, 2026

ISSUED TO:

Morton County Housing Authority
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 Morton County Housing Authority (the Housing Authority) violated N.D.C.C. § 44-04-18 by
failing to respond to a records request to its management agent in his capacity as a Mandan
Public School Board member.
FACTS PRESENTED
Rick Horn is the owner of HJL Management Company, which has a contract with the Housing
Authority to provide management services. He also serves as a member of the Mandan Public
School Board. On June 20, 2023, Ms. Jordan emailed Mr. Horn asking him for "the last email
[he] received that can be released that shows all the email addresses of all members of the
[Mandan Public School District] Board." The beginning of Ms. Jordan's email stated, "[s]ince I
think you're on the Board for the Mandan Public School District...." She never mentioned his
role with the Housing Authority. Less than ten hours later, Mr. Horn replied, "[o]ur practice is
for all email requests to go through the Mandan School District office. Please contact Dr. Bitz at
the Mandan District Office with your request." Ms. Jordan responded to Mr. Horn, arguing that
he had an obligation to personally go through his records to find the record that she requested.
Ms. Jordan then emailed Mr. Horn again asking "[w]hat I'm asking for now is a copy of an email
sent to [Mr. Horn's HJL Management Company's email address] this year by anyone connected
to the Mandan Public School District." Mr. Horn contacted Dr. Mike Bitz, Superintendent of
Mandan Public Schools to respond on behalf of Mandan Public Schools. Two emails were
provided by Mandan Public Schools.
The Housing Authority did not have any emails that were responsive to Ms. Jordan's request.
Neither Mr. Horn nor the Housing Authority provided a response to Ms. Jordan that the Housing
Authority did not possess the requested records.
Ms. Jordan timely filed a request with this Office for an opinion about her records requests. The
request for an opinion was limited to Mr. Horn in his capacity as "an agent for Morton County
government based on his position as Executive Director of the Morton County Housing
Authority." Ms. Jordan has also requested an opinion from this office regarding the response to
her records request from Mandan Public Schools, which is being addressed in a separate
opinion.
ISSUE
Whether the Housing Authority violated N.D.C.C. § 44-04-18 by failing to respond to a records
request to its management agent in his capacity as a Mandan Public School Board member.
ANALYSIS
The Housing Authority is a public entity subject to the open records law. N.D.C.C. §§ 23-11-02, 44-04-17.1(13)(b).
"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." N.D.C.C. § 44-04-18(1). An entity must provide the requested public
records "[u]pon request." N.D.C.C. § 44-04-18(2). The records required to be disclosed only include records within the
"possession or custody of the public entity or its agent." N.D.C.C. § 44-04-17.1(16). A "public entity generally has no
obligation to obtain records it does not have." N.D.A.G. 2024-O-07, quoting N.D.A.G. 2019-O-13, citing N.D.C.C. § 44-04-17.1(16);
N.D.A.G. 2014-O-22; N.D.A.G. 2010-O-02; N.D.A.G. 2004-O-05. See N.D.A.G. 2025-O-13;
N.D.A.G. 2023-O-07. "[E]ach agency of a political subdivision is
responsible only for the records in its possession and not for records that are in the possession of
another agency of the same political subdivision." N.D.A.G. 2005-O-13, citing N.D.A.G. 2004-O-05. A public entity also does not have an
obligation to provide records or respond if it has not received a request. N.D.A.G. 2018-O-24. "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." N.D.A.G. 2026-O-06, citing N.D.C.C. § 44-04-18; N.D.A.G. 2017-O-06;
N.D.A.G. 2015-O-17; N.D.A.G. 2010-O-02; N.D.A.G. 2008-O-06.
The initial records request was for the last email Mr. Horn had received that included all the
Mandan Public School board member email addresses. Ms. Jordan's email indicated that it was
sent to Mr. Horn because he was a school board member; it did not mention the Housing
Authority. Ms. Jordan's second request was for all emails to Mr. Horn's management company
email address from accounts associated with the school district. It was reasonable for Mr. Horn
to conclude that Ms. Jordan's request was received in his capacity as a Mandan Public School
board member, not in his capacity as the management agent for the Housing Authority.
CONCLUSION
It is my opinion that the Housing Authority did not violate N.D.C.C. § 44-04-18 because a
request for records had not been made to the Housing Authority.

wdw
cc:

Karen Jordan