AGO 81-005.

Case DateFebruary 03, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-005. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 81-5Date Issued: February 3, 1981Requested by: F. C. Roh rich, City Attorney for the City of Linton- QUESTION PRESENTED - Whether an employment application submitted by an individual for the position of city police officer is subject to the requirements of section 44-04-18 of the North Dakota Century Code.- ATTORNEY GENERAL'S OPINION - It is my opinion that the application in question is subject to the open records requirement of North Dakota law. - ANALYSIS - In an opinion of this office dated January 26, 1979, addressed to Bismarck City Attorney John Zuger, Article 100 of the North Dakota Constitution and section 44-04-18, N.D.C.C., were discussed as they apply to law enforcement records. In that opinion law enforcement records dealing specifically with the investigation, detection, prosecution, etc., of criminal activities were held not subject to the requirements of section 44-04-18, N.D.C.C., and Article 100 of the Constitution of North Dakota. Records kept by law enforcement agencies other than those specific records were held to be subject to the open records requirements of North Dakota law. "Law enforcement agencies, just as other government agencies, keep many other records as well pertaining to their general functioning and...

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