Versions of HB845:
House Index
[HJ 1588] HB 845 Revising the access to public records law (RSA 91-A). (Burchell of Str. 12 et al) 251, am 539-541, psd 549, nonconc S am, conf 1212-1213, 1236, rep adop 1258, enr am 1279, enr 1296 (Chapter 540)
Senate Index
[SJ 3610] HB 845 Revising the access to public records law (RSA 91-A) 1401, am 2687-2692, psd 2822, H nonconc, conf 2841, rep adop 2945-2949, enr am 3164, enr 3251 (Chapter 540)
From 1977 House, Senate Journals (v3, v4), and Laws of 1977
Thursday, March 31, 1977
[HJ 250] Rep. Marshall French offered the following:
RESOLVED, that in accordance with the list in the possession of the clerk, House Bills numbered 820 through 856 and Concurrent Resolution Proposing Constitutional Amendments numbered 14 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.
Adopted
INTRODUCTION OF HOUSE BILLS and CACR
First, second reading and referral
[HJ 251] HB 845, revising the access to public records law (RSA 91-A). (Burchell of Strfford Dist. 12; Bednar of Hillsborough Dist. 14; Splaine of Rockingham Dist. 19 - To Judiciary)
Wednesday, May 4, 1977
[HJ 526] COMMITTEE REPORTS (cont'd)
[HJ 539] HB 845, revising the access to public records law (RSA 91-A). Refer to the Committee on Judiciary for Interim Study. Rep. Doris Riley for Judiciary.
The Committee recognizes there are problems in the present Right-to Know law. Loopholes exist in the law, but the problems to be corrected will require some time to correct. Some of the concerns of the Committee are the problem of balancing the public's right to be informed as opposed to the need to run executive sessions with order and efficiency. The difficulties arise with technicalities such as the length of time necessary to produce minutes of meetings versus the convenience of the public in obtaining those minutes. The present bill reviewed by the Committee also places strict prohibitions on the use of the executive session by agencies and boards. The Committee believes that there is need to study these prohibitions since in fact they could be too restrictive and unduly "handcuff" boards at the local level that are largely operating on a volunteer basis.
Rep. Arthur Perkins spoke to the committee report.
Rep. Lucas moved that the words, Ought to Pass, be substituted for the committee report, Refer to the Committee on Judiciary for Interim Study, and spoke to his motion.
Rep. Arthur Perkins yielded to questions.
Motion adopted.
Rep. Perkins offered an 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.
Rep. Perkins requested that reading of the amendment be suspended, and explained the amendment.
Amendment adopted.
Ordered to third reading.
[HJ 549] Rep. Marshall French moved that the House now adjourn from the early session, that the business of the late session be in order at the present time, that the reading of bills be by title only and resolutions by caption only and that all bills ordered to third reading be read a third time by this resolution, and that all titles of bills be the same as adopted, and that they be passed at the present time, and when the House adjourns today it be to meet Thursday, May 5 at 9:30 a.m.
Adopted.
LATE SESSION
Third reading and final passage
HB 845, revising the access to public records law (RSA 91-A).
Thursday, May 5, 1977
[SJ 1400] HOUSE MESSAGE
HOUSE REQUESTS CONCURRENCE
Senator Brown moved the following resolution:
Resolved, that in accordance with the list in the possession of the Clerk, House Bills, 741, ..., 845, ..., 854, shall be by this resolution read a first and second time by the therein listed titled, laid on the table for printing and referred to the therein designated committees.
Adopted.
[SJ 1401] First and Second Reading and Referral
HB 845, revising the access to public records law (RSA 91-A). To Executive Departments.
Tuesday, June 14, 1977
[SJ 2602] COMMITTEE REPORTS
[SJ 2687] HB 845, revising the access to public records law (RSA 91-A). Ought to pass. Sen. Monier for the committee.
Sen. MONIER: Mr. President this was one of the bills that was so-called kept in committee. The reason it was delayed was, one, I was sick on one day and second that I was checking something with attorney general Souter. This bill has no amendment on it from the Senate. I have been asked that question twice and the question was not an amendment. This is the right to know law or to get into everybody else's business. I had some qualms with this particular bill and I asked the committee if I could ask the attorney general. I would like to try to resolve a couple of the questions. The question that was raised to me several times with respect to this law, does it affect the legislative committee and its executive meeting. The answer is no. The legislative committees are exempt from it. The second question that was very important to me was could you have an executive committee with a vote which is required now proposed to the public including the press for purposes of deliberation. That answer is according to the attorney general, and I put it on the record that he told me so and it is on that basis that I am voting with the bill. The answer was yes. So there is no change in that. Originally the first bill that came in put together by I believe some of the press, was demanding everything and they backed off from this and now this bill, 845, as amended, no amendments in the Senate it was amended in the House, includes the protection of legislative committee from this and second they may by vote close their executive sessions for deliberative purposes. As long as those are in it I have no qualms with the bill and I don't think we would have any other problems with the bill. There are some things in here that you should know. The House committee had recommended them referring this to interim study but a floor amendment saved the bill. The amended bill does make some changes in terms of the current law. It creates a preamble which establishes the policy of openness and greatest possible public access for the purpose of the act a meaning is defined [SJ 2688] as a form of a public body convenient. Therefore, five of us are having breakfast someplace and somebody comes along and says that they have a right to listen to my personal conversation. The answer is no. If they want to challenge it they can go to court. It clarifies in an emergency which would relieve a body from a 24-hour notice rule which was also very important to us and I cited several instances in which in the crunch to the senate you may have some bills coming in that you just don't have a way for executive session to give 24-hour notice. And that once again, according to the attorney general, he tells me, is exempt from this although the code was added that you should attempt to give as much notice as possible. I made a specific comment to the effect would he consider it to be as much notice as possible if you announced it on the senate floor that you were going to have an executive meeting. He said yes. I said what about those that didn't hear it, he said well they should have listened. I am perfectly satisfied with that kind of a reply. Parties or agencies may meet in executive sessions for deliberations and I already covered that but you must have a vote and it should be a recorded vote and on record. I have no objections with that. You go down through this bill as it came from the House as amended with no changes in the senate, after a full explanation of some inquiries that had come to me from the Senate, I do agree with it, it is here, it is ought to pass as the committee had voted and I thank them for the courtesy of them allowing me to check with the attorney general on these matters. I urge its passage.
Sen. HANCOCK: Mr. President, members of the Senate, the committee is in agreement on this bill, there were representatives from the press who endorsed it heartily, the New Hampshire Press Association which has a membership of 22, endorsed it, and we recommend its passage.
Sen. KEENEY: I had the original and I just glanced at Senator Hancock's amended one but on the analysis, number 4 says that the decision reached at a public meeting that was not conducted in accordance and so forth, is null and void. Can you expand on that. Is that, how long do you have to wait?
Sen. MONIER: I cannot expand on it. I think it is perfectly self-explanatory. The thing that I was concerned with was that I would not support the bill in any way whatsoever if the legislative committees were going to have to be stuck [SJ 2689] with some kind of a public notice in order the press to be there. Because of the simple fact that we have been in a crunch in the last two weeks and there is no way we could get a public notice out. The bill says we are exempt.
Sen. KEENEY: I was reading this in the context of local government and I am aware of a court case with one of the charges being violation of right-to-know law and the court case was entered at least two years ago and a lot of decisions may have been carried out and a decision not having been given as to whether or not they were in violation. If this should happen after this bill passes I am concerned to know if there is a time limit that would hold up the decision.
Sen. MONIER: I just can't answer and that never came up at our hearing.
Sen. BRADLEY: I believe the null and void is out however I would state that one of the very latest opinions from the supreme court on this question as I read it stands for the proposition that if you don't apply it is null and void already under existing case load. There was a case and I am trying to think of a situation, I think it had something to do with the firing of a teacher or not renewing a teacher was taken in violation of the right-to-know law. The court declared it invalid and I forget the result. I take it it is the law already although perhaps others could read that some restrictions into that case.
Sen. Jacobson in the chair.
Sen. Bradley moved an amendment to HB 845.
Amendment to HB 845
Amend RSA 91-A:2, II as inserted by section 3 of the bill by striking out same and inserting in place thereof the following:
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. No vote while in open session may be taken by secret ballot. 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 [SJ 2690] 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 os 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.
Sen. BRADLEY: All this does to the present bill is add under roman numeral 2 there the second sentence which reads that no vote in open session may be taken by secret ballot. This is to deal with something that apparently has been abused in some areas. I have heard and I thought that this was being incorporated as one of the parts of the original bill to take care of. What happens apparently is that the board whatever it is, the body, will be supplied with a notice, they let people in with their recorders, they have otherwise complied but some tough vote comes up and they vote to conduct the vote by secret ballot so that the public won't know who is voting which way. I think that this is totally contrary to the spirit of the right-to-know law and it ought to be included with these other good amendments.
Sen. ROCK: Senator Bradley, how would this apply on the first legislative day when this legislature meets in public session and all the recorders are in and we proceed immediately [SJ 2691] to vote by secret ballot to elect the secretary of state?
Sen. BRADLEY: Good question. I'll shake up some of the press with my answer perhaps. It is my firm belief that the right to know law does not apply to this legislature despite what the statute seems to say because the state constitution says that the House and Senate shall settle their own rules and I don't think that that should be altered because I don't think our rules and our proceedings can be altered by the right to know law. That doesn't bother me, that may bother others.
Sen. ROCK: You mean Pavlov's dogs will salivate outside the doors if your interpretation is correct, that the legislature does not have to abide by the right-to-know law?
Sen. BRADLEY: There is very little doubt in my mind that that is true. I think that we should act as if it doesn't apply. I do think we ought to conform ourselves but it doesn't bother me that if somebody claims we violate the right-to-know law that our actions are going to be invalidated.
Sen. ROCK: Let us move outside the chambers of the legislature and assume now that we are dealing with the University of New Hampshire and they are voting to elect a new president at Plymouth and there is two candidates and they move to vote by secret ballot. What would this do to that vote?
Sen. BRADLEY: That is one of those things which allows you to go in executive session. It is the hiring of any person as a public employee is a proper subject for executive session. If you go into executive session you vote anyway you want.
Sen. ROCK: No you can't you can't take any votes in executive session. You can talk till your ears fall off but you cannot vote.
Sen. BRADLEY: No, the right-to-know law allows any public body and we are assuming this is to come under it, to go into executive session not only to deliberate but to act on any of the following matters a) dismissal, promotion, compensation of any public employee or b) the hiring of any person as a public employee. So if you are entitled to go into executive session you are entitled to vote by secret ballot or if you are on one of those subjects that has to be out in the open you have to vote in the open.
[SJ 2692] Sen. SANBORN: My question is similar to Senator Rock's only it extends in another direction and I am trying to understand your sentence. No vote while in open session will be taken by secret ballot, doesn't that include town meetings? A good many town warrant items in town meetings are on secret ballot, bond issues etc.
Sen. BRADLEY: I don't think so Senator and if it is I would certainly be willing to have it cleared up in a committee of conference if this is where this thing goes but a public proceeding is defined as the transaction affecting the citizens and it lists them by any of the following: 1) the general court and it is not that; 2) it is not the governor's council 3) any board or commission of any state agency or authority, it is not that; 4) any board, commission, agency or authority of any county, town, municipal corporation, school district or other political subdivision. I don't think that includes the town meeting.
Sen. SANBORN: Well you said authority, and the authority of the town is the town meeting.
Sen. BRADLEY: I believe that is like the Housing Authority or the Port Authority, that sort of thing.
Sen. SANBORN: I would be awfully skeptical on that senator.
Sen. BRADLEY: I don't think so senator.
Sen. SANBORN: If you are on the committee of conference on this I wish that you would get that in that it does not include a public town meeting.
Division vote: 14 Senators voted yea; 2 Senators voted nay.
Amendment adopted. Ordered to third reading.
Senator Downing moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the reading of bills ordered to third reading be read a third time by this resolution and that all titles be the same as adopted, except CACR 16 and that they be passed at the present time; and that when we adjourn, we adjourn until Monday, June 13 at 9:00 a.m.
Adopted.
[SJ 2822] Late Session
Third Reading and Final Passage
HB 845, revising the access to public records law (RSA 91-A).
Wednesday, June 15, 1977
[HJ 1212] SENATE MESSAGE
REQUESTS CONCURRENCE WITH AMENDMENT
HB 845, revising the access to public records law (RSA 91-A). (Amendment printed in SJ 6/9)
[HJ 1213] Rep. Arthur Perkins moved that the House nonconcur and a committee of conference be established.
Adopted.
The Speaker appointed Reps. Arthur Perkins, Aller, Pappas and Carpenito.
Thursday, June 16, 1977
[SJ 2835] HOUSE MESSAGES
[SJ 2837] HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS AND REQUESTS COMMITTEES OF CONFERENCE
[SJ 2841] HB 845, revising the access to public records law (RSA 91-A).
The Speaker has appointed Reps. Arthur Perkins, Douglas Aller, Thomas Pappas, and James Carpenito.
Sen. Preston moved that the Senate accede to the request for a committee of conference.
Adopted.
The Chair appointed Sens. Bradley, Brown and Preston.
Monday, June 20, 1977
[HJ 1235] SENATE MESSAGE
ACCEDES REQUEST OF COMMITTEE OF CONFERENCE
[HJ 1236] HB 845, revising the access to public records law (RSA 91-A).
The President appointed Sens. Rock, Poulson and Bergeron.
[SJ 2838] FURTHER COMMITTEE OF CONFERENCE REPORTS
[SJ 2945] Committee of Conference Report on HB 845
[SJ 2946] The committee of conference to which was referred House Bill No. 845, An Act revising the access to public records law, having considered the same, report the same with the following recommendations:
That the House recede from its position of nonconcurrence with the Senate amendment, and
That the Senate recede from its position in adopting its amendment to the bill, and
That the Senate and House adopt the following new amendment to the bill as passed by the House, and pass the bill as so amended:
Amend RSA 91-A:2, II as inserted by section 3 of the bill by striking out same and inserting in place thereof the following:
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. Except for town meetings, school district meetings and elections, no vote while in open session may be taken by secret ballot. 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 [SJ 2947] 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.
Conferees on the Part of the Senate: Sens. David Bradley, Dist. 5; Ward Brown, Dist. 19; Robert Preston, Dist. 23.
Conferees on the Part of the House: Reps. Arthur Perkins, Merr. 18; Douglas Aller, Rock. 13; James Carpenito, Rock. 5; Thomas Pappas, Hills. 18.
Sen. Bradley moved to adopt the committee of conference report on HB 845.
Sen. BRADLEY: The committee of conference only involves that second sentence of roman numberal 2. The Sennate added the phrase, no vote while in open session may be taken by secret ballot and several Senators raised what I consider to be good questions about secret balloting in town meetings, or selecting the secretary of state, so the committee of conference kicked around that problem and the only things that we could think of were secret written ballots in open session where town meetings, school district meetings and the like. So we have rewritten that sentence to say that except in those cases, no vote will be taken in open session by secret ballot. That does not prevent you from going into executive session for any of the listed purposes and holding all the secret ballots that you want.
Sen. MONIER: Senator Bradley you and I have just discussed this. May I as a matter of record, inquire of [SJ 2948] you? It is your opinion that this, amendment does not atfect the fact that the legislature is not bound by this except for the certain rules of voting and so forth, and may still go into executive session for deliberation?
Sen. BRADLEY: The right to know law does not bind the legislature. We conform to it only voluntarily. We decide not to conform there is nothing that can happen.
Sen. MONIER: Are you aware that within the last few days there have been comments about 845 being held in committee and I would like that on the record, that it was not, but rather also that there has been criticism of the fact that an executive committee in the legislature held a meeting, voted to hold it in quiet and voted on their bills so they wouldn't be pestered and that that has been criticized? That does not fall within the prerogatives of the right to know law?
Sen. BRADLEY: Right.
Sen. MONIER: Last but not least, if they took a recorded vote, is that not in conformity to the right to know law?
Sen. BRADLEY: Even if the right to know law applies you can still go into executive session to deliberate anything.
Sen. MONIER: And you may vote to close that, correct?
Sen. BRADLEY: Yes. Then there is also a provision in there, if the right to know law applies to the legislative session, legislative committees to close it in addition.
Sen. MONIER: Do you suppose we ought to hold a symposium for news media so that they understand that the right to know law says with reference to our closed meetings and some of our own Senators who don't seem to understand it?
Sen. ROCK: Senator Bradley I think I understand what you are trying to do and I think that I approve of what you are trying to do and to help me make a final decision, is it your interpretation that you may go into executive sessions under the right to know law and take votes in executive session?
Sen. BRADLEY: Yes. There are four or five categories [SJ 2949] which permit you to go into executive session to take action and/or receive testimony, such as: the hiring and firing of an individual. So if you get into executive session of that type, you can take action and obviously you could take a secret ballot if you wanted to. You can also go into executive session for any purpose so long as you simply limit your activity to deliberation and you don't receive testimony and you don't take action.
Sen. ROCK: If I were a member of a school board for instance, and we were considering two candidates for principal of a school and we went into executive session and deliberated on the candidates and their merits and listened to testimony regarding their moral turpitude whatever, and we came out of executive session and there were nominations for principal and principal A and B were both nominated, could you vote for them on a secret ballot in that open session?
Sen. BRADLEY: I think that is an election, I would read it as such which you could make secretly.
Sen. ROCK: An appointment?
Sen. BRADLEY: I think that the statutes are pretty clear that principals are teachers and that teachers get elected. That term is used in the statute. I would think that you could make that election secretly notwithstanding this section. Clearly you can do it under existing law.
Sen. MONIER: It says when a meeting of the legislative committee is held publication made pursuant to the rules of the House of Representative shall be sufficient notice. One of the problems that has occurred, once again is that any infringement upon the fact that executive sessions may be have to be called in the last two or three weeks by announcement here on the floor or by announcement for a hearing because of the time constraints. Do you find that to have any restrictions?
Sen. BRADLEY: No.
Adopted.
[HJ 1257] COMMITTEE OF CONFERENCE REPORTS
[HJ 1258] HB 845, revising the access to public records law. (Printed SJ 6/20).
Adopted.
[SJ 3160] ENROLLED BILLS AMENDMENTS
[SJ 3164] HB 845, revising the access to public records law (RSA 91-A).
Sen. Bergeron for the committee.
Enrolled Amendment to HB 845
Amend RSA 91-A:2, II as inserted by section 3 of the bill by striking out line 24 and inserting in place thereof the following:
of order of any body or agency described in RSA 91-A:1-a requires a broader
Amend RSA 91-A:3, II as inserted by section 4 of the bill by striking out line one and inserting in place thereof the following:
II. Exceptions. A body or agency may exclude the public, citing for the
Sen. BERGERON: This amendment simply directs an RSA citation and the second amendment corrects an erroneous word substitution.
Amendment adopted.
[SJ 3249] ENROLLED BILLS REPORT
[SJ 3251] HB 845, revising the access to public records law (RSA 91-A).
Thursday, June 23, 1977
[HJ 1278] ENROLLED BILLS AMENDMENTS
[HJ 1279] HB 845, revising the access to public records law (RSA 9-A).
The first amendment corrects an RSA citation and the second amendment corrects an erroneous word substitution.
Amend RSA 91-A:2, II as inserted by section 3 of the bill by striking out line 24 and inserting in place thereof the following:
of order of any body or agency described in RSA 91-A:1-a requires a broader
Amend RSA 91-A:3, II as inserted by section 4 of the bill by striking out line one and inserting in place thereof the following:
II. Exceptions. A body or agency may exclude the public, citing for the
Adopted.
[HJ 1295] ENROLLED BILLS REPORT
[HJ 1296] HB 845, revising the access to public records law (RSA 9-A).
Rep. James J. White
For The Committee
[Laws 688] Approved July 15, 1977.
Effective date September 13, 1977.