A friend was arrested outside City Hall attempting to pick up Right to Know information with a confirmed appointment. Rather than expect her to return to get the information, I called the Clerk’s office to make an appointment to review and copy the same election documents, the machine tapes from the November 3, 2020 election.
Related: Residents Are Afraid to Do Business in Nashua City Hall – Even with a Confirmed Appointment
There were no available appointments for two weeks, which seemed strange.
I explained that I wanted to bring a friend, given the climate in City Hall, and that we would use a scanner to quickly and efficiently copy all 36 machine slips, each of which is about a yard long.
The Deputy Clerk explained that the Clerk’s policies did not allow anyone to use scanners to copy City documents. This even though I’ve used a scanner before in the Clerk’s office, copying new registrations from the 2012 elections.
I asked for a copy of the Clerk’s policies.
I explained that prohibiting the use of scanners, or photostatic copying, violates the Right to Know law, RSA 91-A:4. Citizens have the right to inspect and to copy public records “by whatever method, including but not limited to . . . photostatic copy . . .” which can be made with a scanner.
RSA 91-A:4 Minutes and Records Available for Public Inspection. –
I. Every citizen during the regular or business hours of all public bodies or agencies, and on the regular business premises of such public bodies or agencies, has the right to inspect all governmental records in the possession, custody, or control of such public bodies or agencies, including minutes of meetings of the public bodies, and to copy and make memoranda or abstracts of the records or minutes so inspected, except as otherwise prohibited by statute or RSA 91-A:5. In this section, “TO COPY” means the reproduction of original records BY WHATEVER METHOD, including but not limited to photography, PHOTOSTATIC COPY, printing, or electronic or tape recording.
I cc’d a copy of my email to City Attorney Steve Bolton, asking that he review this issue. One would assume City officials would want to comply with state law, but you would be wrong. The City Clerk responded:
There is no written policy; it is the practice of this office.
You are welcome to take pictures, a video or request paper copies.
Apparently, upholding State law is no longer a priority at City Hall. Insisting on using a scanner would probably have increased the likelihood that we would be arrested. There was no point in further discussing the matter.
Arriving for our appointment, we were expected to videotape the machine tapes on half of a 2′ x 5′ table pushed up against the wall in City Hall’s lobby next to the back door. I asked if we could move the table out 6 inches from the wall to stand behind it without blocking the light. But “no” to that too: Risk Management placed the table, and moving it 6 inches, even temporarily, was definitely not allowed.
So I squatted down to avoid blocking the light, and we began videotaping in a rather awkward manner. A 10-minute scanning job became a 45-minute project. Discouraging people via inconvenience seems to be another part of the game to prevent citizens from exercising their duty to oversee city government.
City officials’ willingness to ignore State law is disturbing, as is deliberately making the Right to Know process more inconvenient and time-consuming than necessary.
On the other hand, we did obtain copies of public documents without being arrested!
