Chapter 91-A

Access to Public Records

91-A:1 Definition of Public Proceedings.

The term "public proceedings" as used in this chapter means the
transaction of any functions affecting any or all citizens of the state
by any of the following:

I. The general court including executive sessions of committees;

II. The governor's council;

III. Any board or commission of any state agency or authority;

IV. Any board, commission, agency, or authority, of any county, town,
municipal corporation, school district, or other political subdivision.

91-A:2 Meetings Open to the Public.

All public proceedings shall be open to the public, and all persons
shall be permitted to attend any meetings of those bodies or agencies.

Any person shall be permitted to use recording devices, including but
not limited to, tape recorders, cameras and videotape equipment, at such
meetings.

Minutes of all such meetings, including names of members, persons
appearing before the bodies or agencies, and a brief description of the
subject matter discussed and final decisions shall be promptly recorded
and open to public inspection within seventy-two hours of the public
meeting, except as provided by RSA 91-A:5, and shall be treated as
permanent records of any body or agency, without exception.

Except in an emergency or when there is a meeting of a legislative
committee, a notice of the time and place of each such meeting shall be
posted in two appropriate public places or shall be printed in a
newspaper of general circulation in the city or town at least
twenty-four hours, excluding Sundays and legal holidays, prior to such
meetings.

An emergency shall mean a situation where immediate undelayed action is
deemed to be imperative and the minutes of the meeting shall clearly
spell out the need for the emergency meeting.

When a meeting of a legislative committee is held, publication made
pursuant to the rules of the house of representatives shall be
sufficient notice.

If the charter of any city or guide lines set down by the appointing
authority requires a 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:3 Executive Sessions.

I. Nothing contained in this chapter shall be construed to prevent these
bodies or agencies from holding executive sessions for conducting
deliberations, but, subject to the provisions of paragraph II, all
sessions at which information, evidence or testimony in any form is
received shall be open to the public.

Decisions made during any executive session as provided in paragraph II
must be made available to the public at the termination of the session
unless divulgence of the information would be likely to affect adversely
the reputation of any person or impair the effectiveness of the action.

No ordinances, orders, rules, resolutions, regulations, contracts,
appointments or other official actions shall be finally approved in
executive session except as provided in paragraph II.

The record of all actions shall be available for public inspection
promptly, except as provided for in paragraph II.

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.

(e) Matters being discussed by a legislative committee sitting in
executive session, which should not be made public, as determined by a
three-fifths vote of the members present and voting at such meeting.

91-A: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,
photographic or photostatic copies, of the records or minutes so
inspected, except as otherwise prohibited by statute or section 5 of
this chapter.

91-A: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. 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:6 Exclusion.

This chapter shall not apply to chapter 282 of the Revised Statutes
Annotated, relative to employment security.

91-A: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.

91-A:8 Remedies.

Any body or agency which, in violation of the provisions of this
chapter, refuses to provide a public document or refuses access to a
public proceeding, to a person who reasonably requests the same, shall
be liable for reasonable attorney's fees and costs incurred in making
the information available or the proceeding open to the public provided
that court renders final judgment in favor of such request.