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« Concord's Priorities | Main | GraniteGrok "Dope of the Week" Award: Sheryl Crow »

Ah, Sweet Technology …

My friend Doug sees technology as the ultimate disinfectant against “funny business” in local government and elsewhere.  He’s been known to bring his shiny new digital camera around with him to various political events and public gatherings and subsequently post the video online.  Doug has never suspected corruption on the part of his or any other local government—he’s never expressed it to me that way, anyway—but he believes technology has the potential to spray sunshine into every corner of government, and that adds empirical value to the community. (I trust Doug will correct me if I am misrepresenting his point of view.)  I quite agree with Doug in this regard.

But sometimes technology can be used in ways that cast a shadow of darkness over the goings on of public bodies.  I must confess that I have not paid especially close attention to HB 377, the so-called Right-to-Know bill. At first blush, HB 377 seems unobjectionable enough; it would essentially classify e-mails sent to a majority of a government body as a public record.

But according to an editorial in today’s New Hampshire Union Leader:

But it is more than a technical update. It defines as a public meeting any quorum of a public body "whether in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporaneously, for the purpose of discussing or acting upon a matter or matters over which the public body has supervision, control, jurisdiction, or advisory power."

This is a bad, very bad idea.  I have already expressed my irritation with the deceptive, almost stealth, manner in which our state legislators have gone about rewriting our state's marriage laws. Now this? Technology should make governance more public, not more private.

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Comments

I have to disagree with your analysis of the changes to the right to Know law. As a former member of the Right to Know commission which studied for several years how the law needed to change - mostly based on technology. You are mistaking what is actually proposed (at least was proposed by the commission). The problem was - what do you do if three members of a five person board exchange e-mail about some topic to come before the board. Now it is clear that if the three met at Joe's cafe and discussed it and decided to take some action - that is a meeting and as such should be posted so the public can attend or at least be aware it is happening and what would be discussed. Under the old law - it was not clear whether a series of e-mails would constitute a meeting. Likewise it was not clear if a series of phone calls or text messages or instant messages were or were not a meeting. The commission felt that they would be a meeting - and that the advance notice and public access were required as well. Unless the current bill differs considerably from the commission's proposal these new sorts of meetings if conducted secretly, would be just as illegal as the three selectmen meeting at Joe's cafe and would have to be disclosed the same way - minutes (or copies of the messages - emails etc.) would have to be made public. There were those at the commission who felt that all e-mails to and from any board member be public but that was seen as limiting free speech - not of the board members but of the public. There were discussions about virtual meetings such as video conference calls and how the public could "attend" such meetings. It was felt that by simply defining these interactions as meetings and spelling out what must happen to make them legal was better than simply ignoring them as the current law does.
Whenever and wherever the NHMA is behind things in government, watch out.
You two really ought to stop 'holding my comments' until approved. I have a lot of inside info to contribute, oh well. I guess I'll just move on to the next blog.

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