The North Dakota Attorney General issued a summary opinion to James River Humane Society

Media Contact: Suzie Weigel, 701.328.2210

Masaki Ova, reporter for the Jamestown Sun, requested an opinion from this office under
N.D.C.C. § 44-04-21.1 asking whether the James River Humane Society (Humane Society) violated N.D.C.C. § 44-04-18 by withholding records in response to an open records request. Mr. Ova requested from the Humane Society certain financial reports, meeting minutes, tax records, treasurer’s reports, and bylaws. The Humane Society admits that it only provided some of the records requested and did not provide the remaining records because its board members were “under the impression that all [Mr. Ova] needed was the monthly meetings from August 2023 to August of 2024.” But there is no evidence that Mr. Ova modified his original request or withdrew his request for the remaining records. It is therefore my opinion that the Humane Society violated N.D.C.C. § 44-04-18 by not providing all of the requested records.

The Humane Society must provide the remaining records to Masaki Ova at no charge.

While I have every reason to expect the James River Humane Society will remedy this situation, failure to take the corrective measures described in this opinion within seven days of the date this opinion is issued will result in mandatory costs, disbursements, and reasonable attorney fees if the person requesting the opinion prevails in a civil action under N.D.C.C. § 44-04-21.2.