Reference Library

"Right to Know Law" (RSA 91-A)

• Media Relations and the Right to Know Law
  New Hampshire Town and City, May 2011
  On March 18, 2011, members of the New Hampshire Municipal Management Association gathered at the Local Government Center for a panel discussion on media relations and the Right to Know Law. Coordinated by the New Hampshire Local Government Center (LGC) with participation by the New Hampshire Press Association, panelists included Foster's Daily Democrat Executive Editor Rod Doherty, New Hampshire Municipal Association (NHMA) Government Affairs Counsel Cordell Johnston, Orr and Reno Attorney Bill Chapman and Town of Durham Administrator Todd Selig.
• RSA 91-A Access to Public Records and Meetings
• Attorney General's Office Releases Updated Right-to-Know Memorandum
  The New Hampshire Attorney General's Office has updated its comprehensive memorandum on RSA Chapter 91-A, New Hampshire's Right to Know Law, 7/15/09
• "The Not So 'New' Right to Know Law"
  by C. Christine Fillmore, Esq., LGC, New Hampshire Town and City, January 2009
• The Right to Know Law
  New Hampshire Local Government Center – Information on:
  • Meetings
• Governmental Records
• Electronic Communications
• Local Property Tax Information: Public or Not?
  New Hampshire Town and City , June 2009
• Planning Board Minutes (Brent v. Paquette)
• Dealing with E-mail Communication Under New Hampshire's Right to Know Law
  New Hampshire Town and City, July/August 2006
• Legal Q and A: Right to Know Law: Disclosure of "Draft" Documents
  New Hampshire Town and City, April 2012
• Final Report of the Right to Know Study Commission (Chapter 287, Laws of 2003), October 2004
• "Free Speech at Public Meetings - The New Hampshire Right to Know Law"
  by H. Bernard Waugh, Jr., Esq., SNHPC Planning Board Training Workshop, May 1994
  Warning: Please refer to the current statute to ensure you have the most up to date statutory references. This document, despite recent changes in the law, continues to remain available given it's valuable information found in Section II "DOES THE PUBLIC HAVE A 'RIGHT TO SPEAK' AT PUBLIC MEETINGS?"
• Legislation Affecting RSA 91-A the Right-to-Know Law:
• HB206 – relative to retention of governmental records under the right-to-know law (Chapter Law 299, 2009)
• HB210 – relative to public access to minutes of local land use boards (Chapter Law 49, 2009)
• SB189 – relative to decisions of local land use boards (Chapter Law 266, 2009) 
• HB1408 - relative to the right-to-know law (Chapter Law 303, 2008)
• Court Cases Relative to RSA 91-A the Right-to-Know Law (See the AG’s Office Memorandum above for a more exhaustive review of case law and its impacts on the state’s right –to-know laws)
  • Thomas Ettinger & a. v. Town of Madison Planning Board
    Argued: October 13, 2011 Opinion Issued: December 8, 2011
    A public body may meet in non-public session to read and review correspondence from town counsel but they must return to open session to discuss the materials in the context of the matter at hand.
  • Lambert v. Belknap County Convention , 157 N.H. 375 (2007) – Regarding filling a vacancy in an elected office
• WMUR Channel Nine v. NH Department of Fish and Game , 154 N.H. 46 (2006) – Regarding public right to access
• Hounsell v. North Conway Water Precinct , 154 N.H. 1 (2006) – Regarding invasion of privacy
• Lamy v. NH Public Utilities Commission, 152 N.H. 106 (2005) – Regarding invasion of privacy
• Hughes v. Speaker of the New Hampshire House of Representatives, 152 N.H. 276, 290 (2005)  - Regarding public right to access
• NHCLU v. City of Manchester, 149 N.H. 437 (2003) – Regarding governmental records
• Goode v. New Hampshire Office of the Legislative Budget Assistant, 148 N.H. 551 (2002) – Regarding balancing the competing interests between disclosure and non-disclosure
• Hawkins v. N.H. Department of Health and Human Services, 147 N.H. 376 (2001) – Regarding electronic records
• Union Leader Corp. v. New Hampshire Housing Finance Authority, 142 N.H. 540 (1997) – Regarding access to governmental records
• Webster v. Town of Candia, 146 N.H. 430 (2001) – Regarding meetings
• Brent v. Paquette, 132 N.H. 415 (1989) – Regarding note taking and non-disclosure
• Orford Teachers Association v. Watson , 121 N.H. 118 (1981) – Regarding non-public sessions
• Gallagher v. Town of Windham, 121 N.H. 156 (1981) – Regarding proposed construction plans
• Town of Nottingham v. Harvey, 120 N.H. 889, 894-95 (1980) - Regarding the recess of a meeting until a later date
• Rochester School Board v. N.H. PELRB, 119 N.H. 45 (1979) – Regarding salary and contract information
• Lodge v. Knowlton, 118 N.H. 574, 576 (1978) – Regarding state agencies
• DiPietro v. City of Nashua, 109 N.H. 174 (1968) – Regarding the level of detail required in meeting minutes

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