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Planning Board Minutes (Brent v. Paquette)
From: John Bergeron
Sent: Tuesday, May 20, 2008 7:53 PM
To: plan-link@maillist2.nh.gov
Subject: Re: [Plan-link] Planning Board Minutes (Brent v. Paquette)

In 2003, Attoney General Heed published a memorandum on the right to know law. He wrote that agencies don't need to save drafts, and I assume that applies to planning boards. An excerpt from that memorandum follows:

II. C. 1. g. "The right of the public to inspect public records including minutes of meetings specifically includes inspection and copying, after the completion of a meeting and during regular business hours, of all notes, materials, tapes or other sources used by an agency to compile the minutes of the meeting. RSA 91-A:4, II. An agency is not obligated to retain notes, tapes or other draft materials used to prepare minutes after final minutes have been approved, prepared and filed, Brent v. Paquette, 132 N.H. 415, 420 (1989), but if such draft materials are retained after the agency has approved final minutes they will be subject to inspection. See Orford Teachers Association v. Watson, 121 N.H. 118 (1981)."

These same words exist on Attorney General Ayotte's Web site so we have two AGs agreeing on these words.

http://doj.nh.gov/publications/pdf/right_to_know.pdf

John Bergeron
Canaan PB


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