FARGO — The city of Fargo improperly redacted an email in which Police Chief David Todd criticized leaking information about an ex-deputy chief going undercover without permission , according to an opinion issued Wednesday, July 15, by North Dakota Attorney General Wayne Stenehjem.
The opinion ruled in favor of Say Anything Blog founder and Forum Communications Co. columnist Rob Port, who broke several stories about former Deputy Chief Todd Osmundson performing unauthorized undercover work during the May 30 protest and riot in Fargo. Osmundson apologized and later resigned.
Port requested an email from the city in which Chief Todd wrote that leaking the information was "inexcusable and sickening."
Several paragraphs were redacted from the email, with the city citing state law as its reason for blacking out information that “could contain intelligence information, law enforcement techniques or security procedures.”
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Stenehjem said the redacted information referred to upcoming events and “the importance of the police department pulling together as a team to be prepared to protect the city and its infrastructure." The blacked out lines also referred to Osmundson going undercover during the protest to collect criminal intelligence information.
Stenehjem noted the email was requested during a contentious time, but it did not contain any security plans or threat assessments. Therefore, the lines were not exempt from open records law, he said.
“Merely stating that the department has criminal intelligence information is not, in and of itself, criminal intelligence information,” Stenehjem said.
The city plans to comply with requirements to provide the unredacted email to Port within seven days.
