People have asked if I would create a post or two on how to craft an RSA 91-A demand. This is also known here in NH as a Right To Know, and it is specific to all government agencies (and often, non-governmental bodies that receive tax monies but only in some cases).
Its purpose is the same as a Federal FOIA – Freedom of Information Act demand – but at that level.
I. Purpose
Its purpose is to help an ordinary citizen to do one thing: demand certain information for YOUR purpose that your government officials, either elected, appointed, or employees, would rather not have to give you. It puts you back in charge, let’s them know that someone is starting to shine a Big Flashlight into dark corners.
Most people in Government are decent people and when requested, will give you information about their procedures, processes, and inventories and we should be glad about that. After all, our taxes pay their salaries, their benefits, the equipment they use, the buildings in which they are housed, and the information that they manufacture and use. Like contracts, payroll, curriculum, financial audit materials, card catalogs, staff training, purchases, expendatures, dues, subscriptions, meals, travels, swag, and more.
Just tons and tons of stuff. Mostly, al for the asking – until it isn’t. Oh, you can ask – and ask, and ask again.
And sometimes, you won’t get answers. Sure, you ask and you might get a response:
- Polite conversation (in person, phone, emails)
- Answers not really aligned with your questions.
- Misdirections
- Buried in “chaff” paperwork – high in quantity, low to no information value
- Pages and pages of redacted documents
- Outright refusals
- Silence
- “See you in Court”
Well, maybe not that last part – but it may well end up there. Unfortunately, there are those in Government that believe that your purpose in asking doesn’t rise to the level of them answering truthfully. Or worse, they don’t believe that you are “just getting in our way”. You’ve impacted their work, slowing them down, or worse – they don’t want you to know. Period. And they will do what is necessary to hide that which is in their Dark Corner.
These are the people (fortunately, the few, the haughty, the hubristic, and the outright evil) who believe you are there for their benefit. They DON’T work for you – you serve Government. No, they won’t come right out and say that last bit – but actions speak Louder Then Words.
And that’s why NH RSA 91-A exists. Here is the link to the actual black and white Letter of the Law. It is set up for different purposes:
1-Preamble – the Why Does This Exist?
1-a: Definitions – the WHAT Does This Cover?
2-Meetings Open to the Public – the WHO (running the meeting, attending the meeting) and the HOW and WHEN?
3-Nonpublic Sessions – the WHEN and WHERE YOU can’t attend (and the Limitations placed upon them)
4-Minutes and Records Available for Public Inspection – the WHAT can You Demand?
5-Exemptions – What You CAN’T Demand?
5-a and 6 are some special additions/exceptions to #5 and I’ve never had reason to invoke them
And here are the two clauses that put “teeth into your bite” – the “oomph” that cannot be disobayed by the “Respondents”.
And lastly, the new Office of the Right To Know Coordinator which is going to make things a bit “interesting”.
So, there’s more here than can be covered in a single post. Thus, will be continued.
