HOUSE BILL No. 845
INTRODUCED BY: Rep. Burchell of Strafford Dist. 12; Rep. Bednar of Hillsborough Dist. 14; Rep. Splaine of Rockingham Dist. 19
REFERRED TO: Judiciary
AN ACT revising the access to public records law (RSA 91-A).
ANALYSIS
This bill makes the following changes to the so called "Right to Know Law" (RSA 91-A):
1. An agenda or brief description of the items to be discussed, brought up or decided at a public meeting must be included in the notice of the time and place of the public meeting.
2. It requires an agency or body to make public the reason it will conduct an executive session prior to conducting the executive session.
3. It places the burden of proof on the body or agency to show that the meeting was conducted in accordance with the law.
4. A decision reached at a public meeting that was not conducted in accordance with RSA 91-A has no effect and is null and void.
HB 845
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and seventy-seven
AN ACT
revising the access to public records law (RSA 91-A).
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Agenda Included. Amended RSA 91-A:2 (supp) as inserted by 1967, 251:1 as amended by inserting in line 16 after the word "meetings" the following (Included in such notice of time and place shall be a brief agenda or brief description of the items which will be discussed, brought up or decided at the meeting.) so that said section as amended shall read as follows:
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 72 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 2 appropriate public 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. Included in such notice of time and place shall be a brief agenda or brief description of the items which will be discussed, brought up or decided at the meeting. 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.
2 Meetings Open to Public. Amend RSA 91-A:3, I (supp) as inserted by 1967, 251:1 as amended by striking out said paragraph and inserting in place thereof the following:
I. All sessions at which information, evidence or testimony in any form is received or deliberations conducted except as provided in paragraph II 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. Prior to holding an executive session under paragraph II an agency or body shall disclose for the public record the reason under RSA 91-A:3, II that it will conduct an executive session.
3 Burden of Proof Included. 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 Violation.
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 burden of proof shall be on the body or agency to prove the public proceeding was conducted in accordance with this chapter.
II. Any decision reached at a public proceeding that has been detemined in a judicial proceeding not to be in conformity with this chapter shall have no effect and shall be null and void.
4 Effective Date. This act shall take effect 60 days after its passage.