SENATE BILL NO. 123
INTRODUCED BY: Sen. Splaine of Dist. 24
REFERRED TO: Internal Affairs
AN ACT relative to holding executive sessions under the right to know law.
ANALYSIS
This bill requires that any motion to go into executive session under the right to know law specify the reason, as permitted by statute, for the executive session and requires that the motion be voted on in a recorded roll call vote. The participants in the executive session are required to sign a statement at the end of the session which states that only the item or items mentioned in the motion were discussed at the session. The special provision permitting legislative committees to go into executive session by a 3/5 roll call vote is eliminated.
SB 123
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and eighty-three
AN ACT
relative to holding executive sessions under the right to know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Executive Sessions. Amend RSA 91-A:3, II (supp) as inserted by 1967, 251:1 as amended by striking out said paragraph and inserting in place thereof the following:
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.
2 Statement Following Executive Session. Amend RSA 91-A:3, III (supp) as inserted by 1977, 540:4 by striking out said paragraph and inserting in place thereof the following:
III. Minutes of proceedings in executive session shall be kept, including, a record of any decisions made at the session. A statement including the motion, the recorded roll call vote and the reason for the executive session shall be signed by all participants in the executive session at the close of the executive session stating that only the item or items mentioned in the motion were discussed. This statement shall be kept as part of the executive session record.
IV. 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 the members, the circumstances mentioned above no longer apply.
3 Effective Date. This act shall take effect 60 days after its passage.