Why Isn’t My Right To Know (RTK) Demand to Gov. Sununu About the Office of RTK Ombudsman Filled Yet? - Granite Grok

Why Isn’t My Right To Know (RTK) Demand to Gov. Sununu About the Office of RTK Ombudsman Filled Yet?

Chris Sununu - crazy

Yes, the irony – doing an RSA 91-A concerning THE RTK guy that is supposed to be able to help a citizen in holding their government accountable. It is only outdone by doing an RTK for all previous RTKs (which I have also done – heh!).

That assistance, however, can’t happen if no one is has been hired and is actually occupying that seat.  It’s has been six months since the Guv signed the bill.  And no, I did not apply as HB481 has the requirement that you be a lawyer for five years. Oh well. So what’s the holdup?  So, I sent this in:

—— Original Message ——
From: “Skip” <Skip@granitegrok.com>
To: “Governor Sununu” <governorsununu@nh.gov>
Sent: 12/7/2022 1:35:59 PM
Subject: RSA 91-A Right To Know demand – Status and materials concerning the Office of the Right to Know Ombudsman

Good morning,

Please find attached to this email my Right To Know concerning the Office of the Right To Know Ombudsman. If you have any questions, do not hesitate to contact me.

I have reproduced this RSA 91-A demand below.

Thank you for your lawful response in this matter.

-Skip

Skip Murphy
Founder, co-owner
GraniteGrok.com | Skip@GraniteGrok.com
Dominating the political Bandwidth in New Hampshire

I did get an auto-reply email in return, but that’s not the kind of response that fulfills the RSA 91-A requirement to either fork over the demanded information or let me know when it will be available. Sure, a bit cheeky, but to date, there’s been no information left out that I could find (I know, it’s always in the last place you look, so I haven’t found that place yet).

Here’s that Right To Know, and I’ve bolded “the payload”:

Pursuant to the Right to Know Law (RSA. 91-A:4 (I) ), I am demanding access, within 5 business days, to the below enumerated governmental records. Otherwise, if this cannot be fulfilled within that mandated window per RSA 91-A, please advise when the Responsive Records will be made available.

HB481 authorized a new Right To Know Ombudsman Office to be located in the NH Department of State once it has been staffed. As of last week, no such position has been filled. No news items have covered such an appointment or activation of that office. HB481 was enacted into State Statute on June 24, 2022, being duly passed by the General Court, with Governor Sununu’s signature.

This demand is for any and all communications (emails, voice mails) and other documents (e.g., position postings, resumes, evaluation documents, meeting notices, meeting notes, background checks, et al) pertaining to the hiring and appointment process concerning any and all respondents looking to be the first Ombudsman for the Office of the Right To Know

Per RSA 91-A:4 IV(c) If you deny any portion of this request, please cite the specific exemption used to justify the denial to make each record, or part thereof, unavailable for inspection along with a brief explanation of how the exemption applies to the information withheld.

As you are aware, in 2016, the New Hampshire Supreme Court ruled that a governmental body in possession of records is required to produce them in electronic media using standard common file formats: Green v. SAU #55, 168 N.H. 796, 801 (2016). Unless there is some reason that it is not reasonably practical to produce such, explain why it is not practical to comply.

Please also note, per RSA 91-A:4 III, III-a, and III-b, you are required to maintain the safety and accessibility of such responsive records. This also includes such responsive records (e.g., emails) which may have been deleted from respective Inboxes but are still available on the applicable email server or in your / email host backup system(s).

Please let me know when these records will be sent to me for inspection. You may email the responsive records to me at Skip@GraniteGrok.com. If the volume turns out to be substantial, I have already set up a Dropbox folder to use in uploading those responsive records.

Thank you for your lawful attention to this matter.

Sincerely,

Skip

So Day One has passed – will Sununu’s office honor the Law that he is sworn to “faithfully execute” and I get a real response? Even if GraniteGrok has been a PIA these last few years?

The good news is that the Office of the Right To Know Ombudsman will be housed in the newly elected Secretary of State David Scanlon’s Department of State.  I’m betting that we’ll be talking with whatever-his-her-name-to-be-announced regularly.  And I know of a few people that will keep that office-holder well-occupied.

 

>