HOUSE BILL No. 74
INTRODUCED BY: Rep. Splaine of Rockingham Dist. 19
REFERRED TO: Legislative Administration
AN ACT making the right to know law apply to all meetings and permitting executive sessions for the discussion of personnel matters only.
ANALYSIS
Present law permits governmental agencies which are subject to the right to know law (RSA 91-A) to hold executive sessions and exclude the public for purposes of deliberation and when action on matters involving personnel, the reputation of any person, or the sale, lease or purchase of land. Present law also permits a legislative committee sitting in executive session to exclude public by three-fifths vote. This bill narrows the exceptions to the right to know law so that governmental agencies and legislative committees may hold executive sessions and exclude the public only when considering or acting upon personnel matters.
HB 74
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and seventy-five
AN ACT
making the right to know law apply to all meetings and permitting executive sessions for the discussion of personnel matters only.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition. Amend RSA 91-A:1, I (supp), as inserted by 1971, 327:1, as amended, by striking out in line one the words "including executive sessions of committees" and inserting in place thereof the following (and its committees) so that said paragraph as amended shall read as follows:
I. The general court and its committees;
2 Executive Sessions Only for Personnel Matters. Amend RSA 91-A:3 (supp) as inserted by 1967, 251:1, as amended, by striking out said section and inserting in place thereof the following:
91-A:3 Executive Sessions.
I. A body, or agency, may hold executive sessions for deliberations and may exclude the public when it is considering or acting upon the following matters only:
(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.
II. Decisions made during any executive session under this section 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 for in this section. The record of all actions shall be available for public inspection promptly, except as provided for in this section.
3 Effective Date. This act shall take effect sixty days after its passage.