1977 HB845 House Amendment

Amendment

Amend the bill by striking out all after the enacting clause and inserting in place thereof the following:

1 Preamble Enacted. Amend RSA 91-A:1 (supp) as inserted by 1967, 251:1 as amended by striking out said section and inserting in place thereof the following:

91-A:1 Preamble. Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter 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.

2 Definitions. Amend RSA 91-A by inserting after section 1 the following new section:

91-A:1-a 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;

[HJ 540] IV. Any board, commission, agency or authority, of any county, town, municipal corporation, school district, or other political subdivision, or any committee, subcommittee or subordinate body thereof, or advisory committee thereto.

3 "Meeting" Defined. 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 Public.

I. For the purpose of this section, a "meeting" shall mean the convening of a quorum of the membership of a public body, as provided in section 91-A:1-a, to discuss or act upon a matter or matters over which the public body has supervision, control, jurisdiction or advisory power.

II. 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 72 hours of the public meeting, except as provided in 91-A:6 of this chapter, and shall be treated as permanent records of any body or agency, or any subordinate body thereof, 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, including an executive session, shall be posted in 2 appropriate places or shall be printed in a newspaper of general circulation in the city or town at least 24 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 by the chairman or presiding officer of the body or agency who shall employ whatever means are available to inform the public that a meeting is to be held. 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 guidelines or rules of order of any body or agency described in section 91-A:1 requires a broader public access to official meetings and records than herein described, such charter provisions or guidelines or rules of order shall take precedence over the requirements of this chapter.

4 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. Bodies or agencies may meet in executive session for deliberations only after a majority vote of members present, which shall be recorded in the minutes of the meeting. All sessions at which information, evidence or testimony in any form is received, except as provided in paragraph II, shall be open to the public. 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 in paragraph II.

II. Exceptions. A body or agency may exclude the public, citing for the record the appropriate subparagraph hereof, 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 investigation 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, likely would affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting.

(d) Consideration of the acquisition, sale or lease of property which, if discussed in public, likely would benefit a party or parties whose interests are adverse to those of the general community.

(e) Matters discussed by a legislative committee sitting in executive session, which should not be made public as determined by a 3/5 roll-call and recorded vote of the members present and voting at such meeting.

III. Minutes of Executive Sessions. Minutes of proceedings in executive session shall be kept, at least to the extent of recording any decisions made therein. Decisions reached in executive session must be publicly disclosed within 72 hours of the meeting, unless, in the opinion of 2/3 of the members present, divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself or render the proposed action ineffective. In event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

5 Violation. 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 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 of the court calendar. Such a petitioner may appear with or [HJ 541] without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of this chapter, and may be filed by the petitioner or his counsel with the clerk of court or any justice thereof. Thereupon the clerk of court or any justice shall order service by copy of the petition on the person or persons charged. When any justice shall find that time probably is of the essence, he may order notice by any reasonable means, and he shall have authority to issue an order ex parte when he shall reasonably deem such an order necessary to insure compliance with the provisions of this chapter.

6 Remedies. 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 If any body or agency or employee or member thereof, 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, such body, agency or person may be liable for reasonable attorney's fees and costs incurred in making the information available or the proceeding open to the public, at the discretion of the court. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter.

7 Effective Date. This act shall take effect 60 days after its passage.