AGO 85-24.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-24. Office of the Attorney General State of North Dakota Opinion No. 85-24Date Issued: June 12, 1985Requested by: Janet A. Elkin Secretary Public Service Commission--QUESTIONS PRESENTED-- Whether records of a public or governmental agency containing trade secrets materials are open for public inspection pursuant to North Dakota's open records law. Whether an administrative agency, in a formal proceeding, may issue those protective orders provided to the district courts by the North Dakota Rules of Civil Procedure or may recognize those privileges provided by the North Dakota Rules of Evidence. --ATTORNEY GENERAL'S OPINION-- It is my opinion that records of a public or governmental agency containing trade secrets material are open for public inspection pursuant to North Dakota's open records law. It is my further opinion that an administrative agency, in a formal proceeding, may issue those protective orders provided to the district courts by the North Dakota Rules of Civil Procedure or may recognize those privileges provided by the North Dakota Rules of Evidence. --ANALYSES-- I. North Dakota's open records law, as found in N.D.C.C. § 44-04- 18(1), states, in part, as follows:

1. Except as otherwise specifically provided by law, all records of public or governmental bodies, boards, bureaus, commissions or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be public records, open and accessible for inspection during reasonable office hours.

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In applying North Dakota's open records law, one must first inquire as to the scope of the definition of 'records.' The North Dakota Supreme Court, in City of Grand Forks v. Grand Forks Herald, Inc., 307 N.W.2d 572 (N.D. 1981), had the occasion to determine the scope of 'records' for the purposes of the open records law. In that case, the Court stated as follows:

We believe that the term 'records' as used in § 44-04-18, N.D.C.C., and Article XI, Section 6 of the North Dakota Constitution is unambiguous. The legislative history surrounding the enactment of § 44-04-18 reveals that the Legislature intended to give the term an expansive meaning. Id. at 577.

In Grand Forks Herald, supra, the Supreme Court noted that there were no exceptions to the open records requirement for, among other items, documents which are not required by law to be kept or maintained. Instead, the Court concluded that a public record was any document retained by public officers or employees...