On July 15, 2009, the Attorney General’s Office updated its Memorandum on New Hampshire’s Right-to-Know law, RSA Chapter 91-A. This Memorandum describes the law and the judicial decisions that further define and explain the peoples’ right to know.
The purpose of this Memorandum is to provide guidance in complying with Revised Statutes Annotated (“RSA”) chapter 91-A to State and local officials, the public and the media. While enforcement of the Right-to-Know law is assigned to the superior court, the Attorney General’s Office will continue to promote the public’s understanding of the Right-to-Know law and compliance by public officials with the Right-to-Know law.
In 2008 and 2009, the New Hampshire Legislature amended the Right-to-Know law to clarify how it applies to governmental records in electronic form, electronic communications used to transact governmental business, and the duty to preserve electronic records. The amendments provide new definitions and set forth how the Right to-Know law applies to public bodies versus public agencies. This Office has updated our Right-to-Know law Memorandum to reflect these amendments to the law and recent court decisions.
read the full statute here:
http://doj.nh.gov/publications/documents/right_to_know.pdf
get a copy of the form here:
http://winchester-informed-citizen.org/pdf/RtoKform.pdf
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A Public Body’s Duty to Maintain Electronic Records
1. Governmental records created or maintained in electronic form shall be kept and maintained for the same retention or archival periods as their paper counterparts.
Governmental records in electronic form kept and maintained beyond the
applicable retention or archival period shall remain accessible and available in accordance with RSA 91-A:4, III. RSA 91-A:4, III-a.13
2. Retention schedules for public bodies are set forth within the following statutes:
a. Counties, cities and towns, RSA 33-A:3-a;
b. School Districts and School Boards; RSA 189:29-a; RSA 189:27-a, b;
c. State Entities, RSA 5:40 (The Director of the Division of Archives, under the supervision of the Secretary of State, shall establish a manual of uniform
procedures necessary and proper to effectuate the purpose of this subdivision.
The Archives Procedure Manual sets forth the retention schedules for state government records.)
3. There is no requirement to keep or maintain electronic records which have no paper counterpart. RSA 91-A:4, III-a. If an electronic record would fulfill a
pending Right-to-Know request it may not be destroyed, even if it is exempt from disclosure.
Four electronic recordings of the minutes of the Planning Board on the Van Dyke hearings that were requested under the Right-to-Know law were not able to be produced by the town;(they did not know what happened to them) thus denying the plaintiffs who brought suit against the Planning Board for it's pandering and it's preferential treatment of Van Dyke the opportunity to use these tapes as evidence to prove to the court that the written record submitted by the town differed from the actual recorded minutes. Anyone care to venture a guess as to what happened to these tapes, last in the hands of Margaret Sharra, Planning Board Chairperson, who transcribes these tapes into written minutes?
Anybody needing help filling out forms, not sure about what you can or can not ask for post on the website and I'm sure somebody will be able to help.
Remember records are to be made readily available for the public.
That includes meeting minutes, tax information, payroll information, how much we pay for any purchases and what we have coming in for income.
At most the town has 5 days to get back to you about a request and that has to be in writing and if they will not give you a requested document or record they have to tell you why they aren't and cite an RSA for that reason.
This does not mean they are right however.
So if you are denied find out if they made a proper decision.
This 5 day rule does not mean they have the right to prevent you from looking at something on the spot if it is readily available.
Any current business of the town should be readily available at all times.
If something is available in a file cabinet or in a draw or on a desk they have to allow you to see it at that time.
They cannot tell you to come back at a later time and they cannot wait 5 days to get back to you.
They can and should ask you to have a seat while they gather any requested documents you might want.
They do have the right to remove identifying sensitive information such as birthdates and social security numbers.
You can bring a camera so that you can take pictures instead of having to pay for copies or spending your day at the town hall.
Any questions please post.
Thank you.
We do need accountability and we do to ahve checks and balances to make sure that is happening.
If I am reading and understanding this correctly -meeting minutes that are recorded should be kept and retained- would this RSA include school board meeting recordings? I have heard that Brian Moser has been "trying" to get the school board minutes recorded(all the equipment is purchased) but the meetings are still not being recorded because Dr. C Asst Superintendent(SAU) and Colleen Duquette are looking for reasons not to have them recorded. They state that tapes may be destroyed or reused once minutes are approved. I smell something fishy.
If someone knows please post. I will research in the meantime.
Page 12 - 13 RTK Memorandum
c. Any person shall be permitted to use recording devices including, but not limited to, tape recorders, cameras, and videotape equipment at such
meetings.
RSA 91-A:2, II; see WMUR v. N.H. Dept. of Fish and Game,
154 N.H. 46 (2006) (prohibiting television cameras at a hearing on
issuance of a hunting and fishing license because the presence of cameras would impair the applicant’s ability to present his case violated the Rightto-
Know law where the applicant had not established that he had a due
process right to a hearing without cameras present).7 Public bodies
7 The Court did not reach the question of whether the right to due process, if it had been established by the person
seeking a license, would outweigh the right to use television cameras at a public hearing. Television cameras should
generally be allowed at public meetings and hearings.
experiencing individuals exercising their right to audio or video record
meetings should establish uniform procedures affording a reasonable
opportunity to record which does not interfere with or disrupt the conduct
of the meeting.
RSA 641:7 reflects the importance of keeping minutes which accurately record the proceedings before the public
body. This statute imposes a misdemeanor penalty upon persons who “tamper with public records or information.”
A person is guilty of this crime if he or she:
I. Knowingly makes a false entry in or false alteration of anything belonging to, received, or kept by the
government for information or record, or required by law to be kept for information of the government;
or
II. Presents or uses anything knowing it to be false, and with a purpose that it be taken as a genuine part of
information or records referred to in paragraph I; or
III. Purposely and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of
any such thing. RSA 641:7.
One of the reasons why it could be important to have someone recording all meetings. This way there can be no misunderstandings.
Page 13
4. Characteristics of Non-Public Sessions9
a. A body may exclude the public from a meeting only if a roll call vote on a motion for a non-public session. The motion should state the statutory basis for the non-public session and must be approved by the majority of
the members present. The vote to go into non-public session is taken at the public meeting and recorded in the minutes of the public meeting that will be available to the public. The minutes should explicitly identify each voting member and how he or she voted on the motion to enter non-public session.
page 14 - continued to page 15
V. GOVERNMENTAL RECORDS
During the regular or business hours of all public bodies and public agencies, the public
has a right to inspect and copy all non-exempt governmental records in the possession, custody,
or control of the body or agency. RSA 91-A:4, I. Public bodies and public agencies are to
maintain their public records in a way that makes them available to the public. NHCLU v. City
of Manchester, 149 N.H. 437 (2003).
LXXX. Meeting minutes, tape recordings: keep until written record is approved at
meeting. As soon as minutes are approved, either reuse the tape or dispose of the tape.
Page 78 - which is the precise reason why anyone can record any public meeting and then keep that recording.
Rumor Has It a Few Don’t Like this Website and are Unhappy with it’s content. This website has been in existence for years and is unpopular with those that disagree when an opinion is posted which does not agree with their opinion. To that we say THANK GOD WE LIVE IN THE UNITED STATES OF AMERICA:
Let no one misunderstand that the NH State Constitution and US Constitution afford us the right to FREE SPEECH and any prohibition of that right is a violation of our 1st Amendment RIGHTS and our RIGHTS under Art. 22 of the State Constitution. Any violation of rights needs to be reported to the ACLU and elected state officials. [
State Constitution - Bill of Rights
Established October 31, 1783 Effective June 2, 1784 As Subsequently Amended and in Force January 2007
Art.] 22. [Free Speech; Liberty of the Press.] Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved.
June 2, 1784
Amended 1968 to include free speech.
U.S. Constitition. (September 17, 1787) art. I-VII Published: Sep. 17, 1787
First Amendment to the United States Constitution
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
If your rights are being violated here are some suggestions
Step 1
Understand the limits of the first amendment. The first amendment protects the rights of free speech. Individuals have the right to express unpopular opinions and speak out without facing censorship in most cases.
Step 2
Engage in protected activity. For your speech to be protected you have to be engaged in an activity that is protected under free speech rights. Actions include speaking out against corporations, government and protesting their activities.
Step 3
Notice a violation of your free speech rights. This may come in the case of a lawsuit against you, censorship of what you can say or being fired from your job.
Step 4
Contact legal representation. Protect your right to free speech by gaining assistance from a lawyer. Discuss the violations with the American Civil Liberties Union (ACLU).
Step 5
Seek public support. Write to editors of local newspapers to discuss your situation. Attempt to speak to news stations to reach a wider audience, set up a website and discuss your free speech violations in public forums.
Step 6
Influence policy makers. Contact local elected officials and members of congress to report violations of your first amendment rights. Change the future of how free speech is protected by voting for the candidates who support your belief.
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