HOUSE BILL NO. 123
INTRODUCED BY: Rep. Johnson of Sullivan Dist. 2; Rep. Sylvia of Hillsborough Dist. 1
REFERRED TO: Judiciary
AN ACT amending the right to know law.
ANALYSIS
This bill amends the right to know law. Specifically, the bill:
(a) Excludes chance meetings or social meetings which are not planned nor intended for the purpose of discussing official business from the definition of a public meeting under RSA 91-A:2, I.
(b) Adds two new exceptions to RSA 91-A:3, II to allow executive sessions to discuss pending litigation and applications by the adult parole board under RSA 651-A.
(c) Requires that a printout of properly identified data shall be provided if a body or agency maintains its records in a computer storage system, but computer access to confidential data or information shall not be provided.
(d) Includes test questions, scoring keys and other examination data in confidential information under RSA 91-A:5, IV.
(e) Allows a court to invalidate an action taken at a meeting held in violation of the right to know law.
HB 123
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and eighty-six
AN ACT
amending the right to know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter Heading. Amend RSA 91-A by striking out the title of said chapter and inserting in place thereof the following:
ACCESS TO PUBLIC RECORDS AND MEETINGS
2 Trustees of the University System Included. Amend RSA 91-A:1-a, III (supp) as inserted by 1977, 540:2 by striking out said paragraph and inserting in place thereof the following:
III. Any board or commission of any state agency or authority, including the board of trustees of the university system of New Hampshire;
3 Chance Meetings; Agenda Included with Notice. 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 RSA 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. "Meeting" shall not include any chance meeting or a social meeting neither planned nor intended for the purpose of discussing matters relating to official business; strategy or negotiations with respect to collective bargaining; or consultation with legal counsel.
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 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, together with an agenda of such meeting, 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. Nothing in this section shall be construed to prevent a body or agency by majority vote from considering any matter which is not identified in the agenda posted pursuant to this section. 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:l-a require 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 Matters Discussed in Executive Session. 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. The matters discussed during the executive session shall be confined to the matters stated in the motion. 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, would likely 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, would likely benefit a party or parties whose interests are adverse to those of the general community.
(e) Consideration or negotiation of pending claims or litigation which has been threatened or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.
(f) Consideration of applications by the adult parole board under RSA 651-A.
5 Photostatic Copies; Access to Computer-Stored Records. Amend RSA 91-A:4 by inserting after paragraph II the following new paragraphs:
III. Each body or agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such body or agency shall be kept in an office of the political subdivision in which such body or agency is located or, in the case of a state agency, in an office designated by the secretary of state.
IV. Each public body or agency, within 5 days of a written request for a record reasonably described, shall make such record available, deny the request in writing, or furnish written acknowledgment of the receipt of the request and a statement of the approximate date the request shall be granted or denied; provided that nothing in this section shall be construed to preclude the release of public documents on an oral request to the public body when such documents are otherwise immediately available for such release. If a photocopying machine or other mechanical device maintained for use by a body or agency is used by the body or agency to copy the public record or document requested, the person requesting the copy may be charged the actual cost of providing the copy, which cost may be collected by the body or agency. Nothing in this section shall exempt any person from paying fees otherwise established by law for obtaining copies of public records or documents, but if such fee is established for the copy, no additional costs or fees shall be charged.
V. In the same manner as set forth in RSA 91-A:4, IV, any body or agency which maintains its records in a computer storage system shall provide a printout of any record reasonably described; however, computer access to personnel data and other confidential information under RSA 91-A:5, IV shall not be provided.
6 Additional Exemption. Amend RSA 91-A:5, IV as inserted by 1967, 251:1 by striking out said paragraph and inserting in place thereof the following:
IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations; and personnel, medical, welfare, and other files whose disclosure would constitute invasion of privacy. Nothing in this paragraph shall prohibit a body or agency from releasing information affecting public health or safety from investigative files on a limited basis to persons having an interest in such matters without otherwise compromising the confidentiality of the files.
7 Invalidation. Amend RSA 91-A:8 (supp) as inserted by 1973, 113:1 as amended by striking out said section and inserting in place thereof the following:
91-A:8 Remedies.
I. 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 shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under this chapter provided that the court finds that such lawsuit was necessary in order to make the information available or the proceeding open to the public. Fees shall not be awarded in any case where the court finds that such an award would be unjust, or where the parties by agreement provide that no such fees shall be paid.
II. The court may invalidate an action of a public body or agency taken at a meeting held in violation of the provisions of this chapter, if the circumstances justify such invalidation.
III. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter.
8 Effective Date. This act shall take effect January 1, 1987.