Hudson NH’s New Right To Know Policy – A Quick Fisking

I have found that NH’s RSA 91-A, NH’s Right to Know Law (similar to the Federal FOIA – Freedom of Information Act) to be a citizen’s best tool for carrying out our responsibilities in keeping our Government both in check and accountable. Our State Constitution makes this clear:

[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them.  Government, therefore, should be open, accessible, accountable and responsive.  To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.  The public also has a right to an orderly, lawful, and accountable government.

While I am not a lawyer, I use it often and often I get questions from others about its use as I’ve learned how to wield it against the stubborn and obstinate (like here, here, here, and here as a pretty good example). So this morning, I got this email and attached was the new RTK policy from Hudson:

—— Original Message ——
From: <redacted>
To: “skip@granitegrok.com” <skip@granitegrok.com>
Sent: 12/3/2022 9:07:35 AM
Subject: Hudson’s RTK Policy

Please see attached, I did a RTK to get the members of the Hudson BOS emails. .

Of COURSE I was going to help!  Here’s their new policy. Not bad – rough start and I never like being forced into using someone’s form process. RSA 91-A is supposed to be for CITIZENS’ benefits and not the Government’s. Sure, there can always be a give and take, a bit of politiness – but only to a point (like not being led down a rathole).

(Hover over the page and the Navigation bar will appear)

Here’s my response – relatively quick fisking:

—— Original Message ——
From: “Skip” <Skip@granitegrok.com>
To: “Terry Stewart” <yrrets@aol.com>
Sent: 12/3/2022 10:34:43 AM
Subject: Re: Hudson’s RTK Policy

Hi Terry,

They’ll lose in court right from the get to with this:

Information for Right To Know requests are only required to be provided to legal New Hampshire residents Nothing in the law requires the Town to provide information to an out-of-state individual.

If someone asks the nitwit that wrote this to legally define what a citizen is, deer-in-headlights. If they do, they’ll also solve the voting problem of domicile and residence.  If I still lived in MA but came to Hudson and said I was going to vote, the Dems have made sure that I was now a citizen.  Also, 91-A doesn’t say WHICH citizen.  As in “Citizen from WHERE?” is undefined.

And the preamble speaks to PEOPLE: discussions and records of all public bodies, and their accountability to the people

There are other exemptions including but not limited to, draft notes, attorney-client privilege communication, public safety information, school records of minors, and similar information. For further details on the allowable exemptions please see RSA 91-A5.

Even if they go into non-public, there are things that can be RTK’d IF those in that non-public don’t follow the Law entirely.

And these are the ONLY allowable items not subject to RTK

91-A:5 Exemptions. –
The following governmental records are exempted from the provisions of this chapter:
I. Records of grand and petit juries.
I-a. The master jury list as defined in RSA 500-A:1, IV.
II. Records of parole and pardon boards.
III. Personal school records of pupils, including the name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the assessment under RSA 193-C:6.
IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a public body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.
V. Teacher certification records in the department of education, provided that the department shall make available teacher certification status information.
VI. Records pertaining to matters relating to the preparation for and the carrying out of all emergency functions, including training to carry out such functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life.
VII. Unique pupil identification information collected in accordance with RSA 193-E:5.
VIII. Any notes or other materials made for personal use that do not have an official purpose, including but not limited to, notes and materials made prior to, during, or after a governmental proceeding.
IX. Preliminary drafts, notes, and memoranda and other documents not in their final form and not disclosed, circulated, or available to a quorum or a majority of the members of a public body.
X. Video and audio recordings made by a law enforcement officer using a body-worn camera pursuant to RSA 105-D except where such recordings depict any of the following:
(a) Any restraint or use of force by a law enforcement officer; provided, however, that this exemption shall not include those portions of recordings which constitute an invasion of privacy of any person or which are otherwise exempt from disclosure.
(b) The discharge of a firearm, provided that this exemption shall not include those portions of recordings which constitute an invasion of privacy of any person or which are otherwise exempt from disclosure.
(c) An encounter that results in an arrest for a felony-level offense, provided, however, that this exemption shall not apply to recordings or portions thereof that constitute an invasion of privacy or which are otherwise exempt from disclosure.
XI. Records pertaining to information technology systems, including cyber security plans, vulnerability testing and assessments materials, detailed network diagrams, or other materials, the release of which would make public security details that would aid an attempted security breach or circumvention of law as to the items assessed.
XII. Records protected under the attorney-client privilege or the attorney work product doctrine.
XIII. Records of the youth development center claims administration and the YDC settlement fund pursuant to RSA 21-M:11-a, with the exception of settlement agreements, which shall remain subject to RSA 91-A:4, VI, and, after a claim has been finally resolved, such other records the release of which would not constitute a violation of other provisions of law or an unwarranted invasion of a claimant’s privacy.

This is wrong:

Requestors should first make a reasonable effort to find the information they seek on the Town website HudsonNH.Gov. By using the Search feature, most past meeting minutes, meeting packets and meeting recordings can be found. Additionally, information on town events, activities, projects and similar may also be found on the town website. When requested, information is not directly accessible on the town website, the requestor should follow process below to request the information.

There is NOTHING in RSA 91-A that “requires” a Requester to go search on their own. The law says the Requester demands, the public body forks it over.  Except for this:

VII. Nothing in this chapter shall be construed to require a public body or agency to compile, cross-reference, or assemble information into a form in which it is not already kept or reported by that body or agency

>> All requests for information should be submitted to the Town Administrator’s Office

Demand that they tell you if should is meant to be viewed in the mandatory version of the word or voluntary. I NEVER submit my RTKs to a TA or a District Superintendent.  ALWAYS to your elected Representatives as THEY are the ones responsible for that particular subdivision of the State.

And the RSA makes no leeway to make it “easier or efficient” on the part of the Responder.

The completion of an application is not legally required to request public information, but it is highly recommended that the requesting party complete a request form – Hudson NH Right to Know (RTK) Request Form for town employees to accurately provide timely information to requestors. Reference the addendum to this policy for more details on the application process.

Sorry, that isn’t happening with me – I have my template that has all of the legalities built in and I’m not going to deviate from that practice

To confirm the accuracy of the request and to start the timeline as outlined in RSA91-A, it is highly recommended to have the requesting party sign and date the application before submitting it for the processing of the request.

They can ask but people can email RTKs in as well.  As long as “highly recommended” doesn’t become mandatory, they can ask for whatever they want. Besides, emails get time stamped and that’s good enough.

Right To Know information can be provided in the following forms based on the most effective delivery method as it relates to the amount of information being requested.

• Printed on paper
• Emailed back to requestor: limited if requested files are too large to send
• Loaded onto a Universal Serial Bus (USB) Hard Drive
• Post marked through USPS (which can incur cost to the requestor)

Reference section 2.4 to see associated costs with each option when applicable

Using Dropbox or Google Drive is also something I use.

 

Right To Know information can be provided in the following forms based on the most effective delivery method as it relates to the amount of information being requested.

Printed on paper

I just had a school district that printed out about 1500 double sided pages, highly redacted, of RTK’d emails. They smiled when they presented me with the stack thinking that I’d either have to pay them an enormous amount of “copy fees” or spend hours/days reviewing the information.

They first complained and then frowned when I brought in my high speed portable document scanner (a double sided page scanned in less than a second) an converted it to a searchable PDF.  Play stupid games, win stupid prizes.

As to the rest of it, they can pound sand from a legal standpoint.

Hope this helps and I’m going to use this as a post (scrubbing your info but using yrrts for the H/T: bit)

-Skip

I have no problem with a town (or other) wanting to use a form – but let them use it. Policy/ordinance cannot trump State Statute.  They can always ask for what they want but they are entitled to demand only that which RSA 91-A allows.

Every town is different and so are the people in each town. Some towns just fork over what is requested and some want to stifle any attempts to get at information that taxpayers have already paid for (I’m thinking of Nashua and you, Mayor Donchuss).

Please also know that there is an entire group of people who have made RTK’s their main interests: Right to Know NH.

(H/T: Yrrets)