RIGHT TO KNOW LAW
"In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress." John Adams (1735 - 1826)
The public's right to know what their government is doing is a fundamental part of New Hampshire's democracy.
"For our government to remain of the people, by the people, and for the people, while protecting individuals' privacy, it is essential that the people have reasonable and open access to information that will inform the people what their government is up to and how it is performing." February 8, 2007 New Hampshire Attorney General's Memorandum. Openess in the conduct of public business is essential to a democratic society. Thus, the purpose of RSA 91-A is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people. 91-A:1 Preamble.
Every citizen, has the right to inspect all public records, including minutes of meetings and to make memoranda, abstracts, and photographic or photostatic copies of the records or minutes of all New Hampshire governmental bodies or agencies, except as otherwise prohibited by statute or RSA 91-A:5.
What is a public record?
Public records include all pre-existing files, documents or data in an agency's files such as notes, materials, tapes or other sources used for compiling the minutes of meetings, except those prohibited by statute or RSA 91-A:5 but not information which might be gathered or compiled from numerous sources. Brent v. Paquette, 132 N.H. 415, 426 (1989). Documents and data which are covered by statutory or common law privileges or exclusions are not "public records." See RSA 91-A:4, I. If you question whether a document is a public record, you should consult legal counsel.
Where are the records located?
Each body or agency keeps and maintains all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records are kept in the office of the political subdivision in which the body or agency is located or, in the case of a state agency, in an office designated by the secretary of state.
How long do you have to wait to inspect public records?
Each public body or agency must, upon request for any public record reasonably described, make available for inspection and copying any such public record within its files when such records are immediately available for such release. If a public body or agency is unable to make a public record available for immediate inspection it has 5 business days to make such record available or deny the request in writing with reasons, or furnish written acknowledgment of the receipt of the request and a statement of the time reasonably necessary to determine whether the request shall be granted or denied. If a photocopying machine is used by the body or agency to copy the public record or document requested, the person requesting the copy may be charged the actual cost of providing the copy .
Any body or agency which maintains its records in a computer storage system may, in lieu of providing original documents, provide a printout of any record. Access to work papers, personnel data and other confidential information under RSA 91-A:5, IV is not provided.
RSA 91-A:4,VI. Every agreement to settle a lawsuit against a governmental unit, threatened lawsuit, or other claim, entered into by any political subdivision or its insurer, is kept on file at the municipal clerk's office and made available for public inspection for a period of no less than 10 years from the date of settlement.
And if the requested information is not provided?
Any person aggrieved by a violation of this chapter may petition the superior court for injunctive relief. The petition must state the facts constituting a violation and may be filed by the petitioner or his counsel with the clerk of court or any justice thereof.
Remedies.
If any body or agency or employee or member thereof, refuses to provide a public record or refuses access to a public proceeding to a person who reasonably requests the same, such body, agency, or person is liable for reasonable attorney's fees and costs incurred in a lawsuit the court finds was necessary in order to make the information available or the proceeding open to the public. Fees are not awarded, however, unless the court finds that the body, agency or person knew or should have known that the conduct engaged in was a violation of this chapter or where an officer, employee, or other official of a public body or agency has acted in bad faith in refusing to allow access to a public proceeding or to provide a public record.
And, the court may award attorneys' fees to a board, agency or employee or member thereof, for having to defend against a person's lawsuit when the court finds that the lawsuit was in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.
The court may further invalidate an action of a public body or agency taken at a meeting held in violation of the Right To Know law, if the circumstances justify such invalidation and may issue an order to enjoin future violations of this chapter.