North Dakota Attorney General Rules Harlow's Bus Service Not Subject to Open Records Law

The North Dakota Attorney General's office has issued a summary opinion clarifying that Harlow's School Bus Service, a contractor for the Mandan Public School District, is not subject to state open records law. This determination means that the company did not violate North Dakota Century Code (N.D.C.C.) § 44-04-18 by not responding to a records request, according to the Attorney General’s opinion.

The request for the opinion came from S. Paul Jordan, who asked the Attorney General’s office to determine whether Harlow’s School Bus Service was in violation of the state's open records statute. The core of the inquiry was whether the bus service, given its contractual relationship with a public school district, should be considered a public entity and thus bound by N.D.C.C. § 44-04-18.

Harlow’s School Bus Service provides busing services to the Mandan Public School District under a contractual agreement. A key detail in this arrangement, highlighted by the Attorney General’s office, is that these services are provided "at fair market value." This specific aspect of the contract proved central to the Attorney General's finding.

In its summary opinion, the Attorney General’s office referenced a "recent opinion from this office dealing with nearly identical circumstances." That prior opinion established a precedent: if a private entity provides services to a school district at fair market value, it does not, by that act alone, become a public entity for the purposes of open records law. Applying this consistent interpretation, the Attorney General’s office concluded that Harlow’s School Bus Service does not meet the criteria to be classified as a public entity under the relevant statutes.

Because Harlow’s School Bus Service is not considered a public entity, it is not subject to the requirements of the state's open records law. Consequently, the Attorney General's opinion states that no violation of the open records law occurred in this specific instance. This ruling provides clarity for both private contractors working with public entities and for individuals seeking information from such entities within North Dakota, particularly within the Mandan Public School District's service area. The decision underscores the distinction between public bodies and private businesses that contract with them, even when those services are essential to public operations like school transportation.