ND AG says counties overcharged for records

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Three counties tried to overcharge a data analysis company for electronic copies of records, with one saying the information would take a year to copy, Attorney General Wayne Stenehjem said.

In separate legal opinions Tuesday, Stenehjem said Mountrail County was obliged to provide the tax and assessment records for no more than $350. The county had estimated an expense of $900, and told the company, American CoreLogic of Santa Ana, Calif., that it would have to pay in advance.

Stenehjem's opinion said Mountrail County could not require advance payment for the electronic records. The attorney general also disallowed the county's plans to charge American CoreLogic 4 cents for each parcel record, which would have added almost $564 to the bill.

Adams and Foster counties must provide the requested property records for free because officials in the two counties deliberately attempted to avoid disclosing electronic public records, Stenehjem said.

Roger Schlotman, the Foster County auditor, told Brad Bohrer, an attorney for American CoreLogic, that the electronic records were not available. Paper copies of the records Bohrer sought could be made for $800, and it would take a year to provide them, Schlotman said in a letter to Bohrer.

David Crane, an assistant Adams County state's attorney, said in a letter to Bohrer that the county would not provide the records because it might disclose details of a computer software program that was developed to manage them.

Stenehjem's opinion says that argument "is misplaced because CoreLogic never requested a copy of the actual computer software program.

"The request, rather, was for copies of the source records that are contained in the database," Stenehjem said. "Those records are public records, and automation of public records must not erode the right of access to those records."

Adams County also told American CoreLogic that it would cost at least $3,000 to provide the records it wanted, Stenehjem's opinion says. A software company that handles the county's electronic records estimated the requested copy could be made for $260.

Stenehjem said he believed American CoreLogic had made similar records requests of all 53 North Dakota counties.

Bohrer did not respond on Tuesday to electronic and e-mail messages seeking comment about the opinions. A company spokeswoman, Carrie Gaska, declined comment.

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