Bill requiring state agencies to preserve emails is a good thing, North Dakota AG says

May 1—GRAND FORKS — Within hours of learning that former Attorney General Wayne Stenehjem's emails were deleted after his death, a policy change was made in the office. Emails for the attorney general and others would be saved for at least a year.

It's a policy that is now being implemented at a much greater level due to the passage of House Bill 1528, which establishes a requirement for state agencies to preserve the emails of agency heads, governor-appointed state officers and elected executive branch officials for at least one year. Additionally, when one of those employees dies or leaves their position, their emails will be reviewed internally.

In 2022, a

spokeswoman from the attorney general's office urged the state I.T. director to delete Stenehjem's email files the day after his death.

The spokeswoman, Liz Brocker, wrote that former Deputy Attorney General Troy Seibel approved the action. When Seibel resigned later that year, his files were also deleted.

"It sparked a really important discussion," Wrigley said.

After learning about Stenehjem's emails, Wrigley said he and his team made it "crystal clear" that his emails, as well as his chief deputy's, will be preserved if they leave their position or die. This was also extended to division directors.

"I didn't need a state policy to say that," said Wrigley. "I said ... 'if something happens to me, do not ever delete those. Somebody has to go through them and figure out what's to be preserved."

Wrigley said emails may be necessary for litigation and investigations, but also have archival use.

The bill, which was recently signed by Gov. Doug Burgum, also outlines what happens if an agency is found to be noncompliant. The report may be submitted to human resource management services or the state auditor's office. The agency may also undergo training.

Wrigley said he's satisfied with the Attorney General's office's internal policy, and guesses it will be more stringent than what was determined in House Bill 1528, though he hasn't fully reviewed it.

"Ours sounds more stringent, but I know they worked hard on it — the Legislature — and I think that they probably got to a good spot. ... It's a good thing," Wrigley said. "... I do think it's important for a state that you have, kind of, a uniform policy that will apply across the offices."

House Bill 1528 also instructs legislative management to consider studying records management policies at state agencies and report its findings and recommendations in the 69th legislative assembly.