Right-to-Know Commission Convenes Organizational Meeting - Commission Agrees Goal is to Improve Process and Reduce Complaints and Violations

The information contained in this article is not intended as legal advice and may no longer be accurate due to changes in the law. Consult NHMA's legal services or your municipal attorney.

Whether you are an elected or appointed municipal official, New Hampshire’s Right-to-Know Law (RTK) affects you in many ways. There is no question that there are costs – time, effort, money – associated with compliance.  The New Hampshire legislature, however, had decided that the benefits of open government outweigh any inconveniences to government officials posed by the Right-to-Know Law, so compliance should be considered important part of public service and a cost to government operations.

This fall the legislature has convened a commission “to study processes to resolve Right-to-Know complaints,” as established by HB 178 (Chapter 126, Laws of 2017).  Chaired by Senator Bob Guida, the Commission is comprised of 13 people representing a wide variety of interests concerned about open government in the state, including the New Hampshire Municipal Association (NHMA), which has appointed M. Chris Dwyer, Portsmouth city councilor and NHMA Board of Director, to serve as our representative to this Commission. 

Other appointed Commission members include:

Representative Jordan Ulery

Representative Charlotte DiLorenzo

Representative Gary Hopper

Senator Bob Guida

Mark Hounsell, NH Association of Counties

Lisa England, NH Attorney General

Dan McKenna, NH School Boards Association

Harriet Cady, public member appointed by the Governor having brought suit pro se under RSA 91-A:7

Trent Spiner, NH Press Association

David Saad, Right-to-Know NH

Gilles Bissonette, NH Civil Liberties Union

Mark Derby, citizen member appointed by the GovernorThe purpose and duties of this RTK Commission will be to study alternative processes to resolve RTK complaints consistent with the following goals:

? Encouraging resolution of RTK complaints directly between citizens and public agencies and bodies;

? Reducing the burden and costs of RTK complaints on the courts;

? Reducing the burden and costs of RTK complaints on public agencies and bodies;

? Reducing the burden and costs of RTK complaints on citizens aggrieved by violations of RSA 91-A; and,

? Increasing awareness and compliance with the RTK law to minimize violations.

The Commission met to organize itself on September 7th at the Legislative Office Building in Concord and elected Senator Bob Guida as chair, Representative Jordan Ulery as vice-chair, and Harriet Cady as secretary.  There was a small crowd of media, RTK advocates and other special interests in the audience, and although there was limited input from the public at this meeting, the Commission made it clear it is eager to hear comments and concerns from the public on these issues.

The Commission discussed concerns that elected officials often times assume their official duties and responsibilities without the full understanding and knowledge of the RTK law.  Although education and training were seen as critical ways towards improving public accountability and compliance, the idea of penalties were also mentioned, as well as some form of acknowledgement of personal responsibility from each elected official as required in other states.  Despite other issues being raised, such as a concern over three-member boards and judicial indifference, the Commission appears determined to keep its focus on addressing timeliness and affordability concerns, the main thrusts behind the mission of the study commission.

What Can You Do?

The most critical thing our members can do right now is to share your RTK stories – good, bad or indifferent -- with the Commission, and more importantly, help the Commission explore solutions with the many other groups now focused on open government in New Hampshire.  It is always important to keep a close eye on – and become more involved in – the legislative process.  Stay tuned to updates from NHMA covering the Commission’s report which is due on November 1, 2017.