HOUSE BILL NO. 28 Introduced by
Rep. Bednar of Hillsborough Dist. 23
Referred to Committee on Judiciary
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand
nine hundred and sixty - seven
AN ACT
permitting freedom of access to public records
and proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter. Amend RSA by inserting after chapter 91 the following new chapter:
Chapter 91-A
[91-A:1 Declaration Of Public Policy On Open Meetings.
The legislature finds and declares that public proceedings exist to aid
in the conduct of the people's business.
Therefore, it is the intent of the legislature that deliberations at
such meetings be conducted openly, and that actions be taken openly.]
91-A:[2]1 Definition of Public Proceedings.
The term "public proceedings" as used in this chapter means the
transactions of any functions affecting any or all citizens of the state
by any [official,] board[,]
or commission of any state agency or authority, and all meetings of any
board, commission, agency, or authority, of any county, town, municipal
corporation, school district, or other political subdivision.
91-A:[3]2 Meetings Open to the Public.
All public proceedings are open to the public,
and all persons are permitted to attend any meetings of these bodies or
agencies, and minutes[, if any,]
of such meetings shall be promptly recorded and open to public
inspection, except as provided by section [6]5 of this chapter.
If the charter of any city or guide lines set down by the appointing
authority requires broader public access to official meetings and
records than herein described, such charter provisions or guide lines
shall take precedence over the requirements of this chapter.
91-A:[4]3 Executive Sessions.
I. Nothing contained in this chapter shall be construed to prevent these
bodies or agencies from holding executive
sessions[,]
but
any decisions made during any executive session must be recorded and
made available for public inspection promptly,
and no[t]
ordinances, orders, rules, resolutions, regulations, contracts,
appointments or other official actions shall be finally approved
in executive session.
The conditions of this section
do not apply to executive sessions of the committees of the general
court.
II. Exceptions. A body, or agency, may exclude the public when it is considering or acting upon the following matters:
(a) The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigating of any charges against him, unless the employee affected requests an open meeting.
(b) The hiring of any person as a public employee.
(c) Matters which, if discussed in public, would be likely to affect adversely the reputation of any person, other than a member of the body itself.
(d) Consideration of the acquisition, sale, or lease of land which, if discussed in public, would be likely to benefit a party, or parties, whose interests are adverse to those of the general community.
91-A:[5]4 Minutes and Records Available for Public Inspection.
Every citizen during the regular or business hours of all such bodies
or agencies, and on the regular business premises of such bodies or
agencies, has the right to inspect all public records, including
minutes of meetings of the bodies or agencies, and to make memoranda
abstracts, [or]
photographic or photostatic copies, of the records or minutes so
inspected, except as otherwise prohibited by statute or section [6]5 of
this chapter.
91-A:[6]5 Exemptions.
The records of the following bodies are exempted from the provisions of
this chapter:
I. Grand and petit juries.
II. Parole and pardon boards.
III. Personal school records of pupils.
[IV. Committees of the general court.]
IV. Records pertaining to internal personnel practices, confidential, commercial or financial information, personnel, medical, welfare, and other files whose disclosure would constitute invasion of privacy.
91-A:[7]6 Exclusion.
This chapter shall not apply to chapter 282 of the Revised Statutes
Annotated, relative to employment security.
91-A:[8]7 Violation.
Any person aggrieved by a violation of this chapter may petition the
superior court for injunctive relief.
The courts shall give proceedings under this chapter priority on the
court calendar.
2 Effective Date. This act shall take effect sixty days after its passage.