Chapter 91-A

Access to Public Records

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.

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;

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.

91-A:2 Meetings Open to the 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.

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 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 144 hours of the public meeting,
except as provided in RSA 91-A:6, 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 RSA 91-A:1-a 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.

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. A body or agency may exclude the public only if a recorded roll call
vote is taken to go into executive session.

A motion to go into executive session stating which exemption under this
paragraph is claimed shall be made only when the body or agency 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.

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.

91-A:4 Minutes and Records Available for Public Inspection.

I. Every citizen during the regular or business hours of all such bodies
or agencies, and on the regular business premises of such bodies or
agencies, has the right to inspect all public records, including minutes
of meetings of the bodies or agencies, and to make memoranda, abstracts,
photographic or photostatic copies of the records or minutes so
inspected, except as otherwise prohibited by statute or RSA 91-A:5.

II. After the completion of a meeting of such bodies or agencies, every
citizen, during regular or business hours of all such bodies or
agencies, and on the regular business premises of such bodies or
agencies, has the right to inspect all notes, materials, tapes or other
sources used for compiling the minutes of such meetings, and to make
memoranda, abstract, photographic or photostatic copies, or tape record
such notes, materials, tapes or sources inspected, except as otherwise
prohibited by statute or RSA 91-A:5.

91-A:5 Exemptions.

The records of the following bodies are exempted from the provisions of
this chapter:

I. Grand and petit juries.

II. Parole and pardon boards.

III. Personal school records of pupils.

IV. Records pertaining to internal personnel practices, confidential,
commercial, or financial information, personnel, medical, welfare, and
other files whose disclosure would constitute invasion of privacy.

91-A:6 Employment Security.

This chapter shall apply to RSA 282-A, relative to employment security;
however, in addition to the exemptions under RSA 91-A:5, the provisions
of RSA 282-A:117-123 shall also apply; this provision shall be
administered and construed in the spirit of that section, and the
exemptions from the provisions of this chapter shall include anything
exempt from public inspection under RSA 282-A:117-123 together with all
records and data developed from RSA 282-A:117-123.

91-A:7 Violation.

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.

Such a petitioner may appear with or 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.

91-A:8 Remedies.

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.