HOUSE BILL No. 949
INTRODUCED BY: Rep. Lucas of Sullivan Dist. 6; Rep. Splaine of Rockingham Dist. 19; Rep. Spirou of Hillsborough Dist. 27; Rep. Currier of Hillsborough Dist. 15; Rep. Duprey of Carroll Dist. 2; Rep. Clark of Grafton Dist. 11; Rep. Dudley of Strafford Dist. 4; Rep. Close of Cheshire Dist. 15; Rep. Ramsey of Cheshire Dist. 12; Rep. Stevens of Cheshire Dist. l
REFERRED TO: Judiciary
AN ACT revising the right to know law.
ANALYSIS
This bill makes the following changes in the right to know law:
1. It requires open meetings and notice of meetings of all bodies supported by public funds and which perform a public governmental function.
2. It adds a statement of purpose that RSA 91-A is to be construed liberally.
3. Provisions are made for advance notice of emergency meetings.
4. Decisions made during executive sessions must be disclosed unless the body petitions the superior court to have such decisions withheld from the public.
5. The purposes for which executive sessions may be held are restricted to five areas.
6. The exemption for the department of employment security is replaced with a provision which exempts records and proceedings which are required to be kept confidential by federal law.
7. Executive sessions of legislative committees may be held to discuss matters which are approved by a 3/4 vote of the committee.
8. Upon petition of an interested party, the superior court may invalidate any action taken at an illegal meeting.
9. A wilful violation of RSA 91-A is punishable as a misdemeanor.
10. Sound or video recordings and live broadcasts by radio or television of any public proceeding are specifically permitted.
11. Any person who prevails in an action to invalidate a meeting is entitled to costs and attorney's fees.
HB 949
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and seventy-five
AN ACT
revising the right to know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of Public Proceeding. Amend RSA 91-A:1 (supp), as inserted by 1967, 251:1, as amended, by inserting after paragraph IV the following new paragraph:
V. All bodies supported by public funds and performing a public governmental function.
2 Statement of Policy; Construction. Amend RSA 91-A by inserting after section 1 the following new section:
91-A:1-a Statement of Policy; Construction. Because it is essential to the maintenance of a democratic society that public business be performed in an open and public manner, this chapter shall be construed liberally.
3 Form of Notice of Meetings. Amend RSA 91-A:2 (supp), as inserted by 1967, 251:1, as amended, by striking out said section and inserting in place thereof the following:
91-A:2 Meetings Open to the Public.
I. All public proceedings shall be open to the public, and all persons shall be permitted to attend any meetings of those bodies or agencies. 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.
II. 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. In the case of a meeting of a legislative committee, such notice shall be made by publication pursuant to the rules of the house of representatives or the senate.
III. Notice of a public proceeding held in an emergency must be given to all news media which have filed a request with the chief executive officer of the body or agency involved that they wish to be notified in such cases. In this section an emergency means a situation where immediate undelayed action is deemed to be imperative. The minutes of the emergency meeting shall clearly spell out the need for the emergency meeting.
IV. If the charter of any city or guidelines set down by the appointing authority requires a broader public access to official meetings and records than described in this chapter, such charter provisions or guidelines shall take precedence over the requirements of this chapter.
4 Limitation on Executive Sessions. 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 or promotion 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) 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.
(d) Matters being discussed by a legislative committee sitting in executive session, which should not be made public, as determined by a three-fourths vote of the members present and voting at such meeting.
(e) Collective bargaining sessions between a public employer and public employees or their representatives.
II. Decisions made during any executive session under this section must be made available to the public at the termination of the session, unless the body or agency petitions the superior court of the county in which such session is held within seventy-two hours after such session and requests that the decisions of such session not be disclosed. The court shall conduct an in-camera inspection of the decisions of such session and shall determine what decisions should not be divulged in order to protect the reputation of any person or to preseve the effectiveness of the proposed action by the body or agency. The court shall then issue an order to disclose or withhold part or all of such decisions under such conditions as it may specify. No ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official actions shall be finally approved in executive session except as provided in this section.
5 Confidential Federal Records and Proceedings Excluded. Amend RSA 91-A:6, (supp) as inserted by 1967, 251:1, by striking out said section and inserting in place thereof the following:
91-A:6 Exclusion. This chapter shall not apply to any records or proceedings required to be kept confidential by federal law or regulation.
6 Enforcement. Amend RSA 91-A:7 (supp), as inserted by 1967, 251:1, by striking out said section and inserting in place thereof the following:
91-A:7 Enforcement; Penalty.
I. 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. The court may, in its discretion, invalidate any action taken or any decision made at a meeting which is held in violation of this chapter.
II. Any person who wilfully violates any provision of this chapter shall be guilty of a misdemeanor.
7 Remedies for Violation. Amend RSA 91-A:8 (supp) as inserted by 1973, 113:1 by striking out said section and inserting in place thereof the following:
91-A:8 Remedies. Any person who reasonably requests a public document or who requests access to a public proceeding and is refused such document or access by any body or agency, or any person who brings any action under RSA 91-A:7 to invalidate any action taken or any decision made shall receive reasonable attorney's fees and costs incurred in gaining access to a public document or opening a proceeding to the public or invalidating any action taken in violation of this chapter if the court renders final judgment in favor of the person seeking such relief.
8 Recording of Open Meetings. Amend RSA 91-A by inserting after section 8 the following new section:
91-A:9 Recording and Broadcasting. Any person may make a sound or video recording or may conduct live broadcasts by means of radio or television of any public proceeding which is not meeting in executive session, as provided in 91-A:3, I.
9 Effective Date. This act shall take effect sixty days after its passage.