Part 1 is here and you can see the Right To Know that I sent to a DCYF worker for a specific manual that I knew existed. Should have been rather simple:
Pursuant to the Right to Know Law (RSA. 91-A), I am demanding access, within 5 business days, to the following governmental record:
- Provide, as documented in RSA 169-C:34-a (therefore, public knowledge of its existence), the manual known as “Standardized Protocol for the Investigation and Assessment of Child Abuse and Neglect Cases”
Please note that this Governmental Record does not appear in RSA 91-A:5 Exemptions that enumerates specific governmental records that are not subject to the rest of RSA 91-A. Thus, the expectation is that this will be provided.
And I was patient until the 5 days were over. I emailed her again to remind her that she was now out of compliance with the Law and quoted RSA 91-A:4 that told her she was supposed to respond. She said that her lawyer told her that I could, effectively, look it up myself. Per my other RTKs that I’ve done: not acceptable as it obviates the entire RSA. I demanded to know who her lawyer was AND that I’d be bringing it to the Judge that we’d both be seeing a little while.
I think that last bit PLUS getting that name, Amanda Knifeton, set off another sequence of events within DHHS / DCYF. Why do I say that?
This escalated rather quickly! This afternoon, I had a very nice email thread with Dept. of Health and Human Services Deputy Chief Legal Counsel John Martin (DCYF is part of DHHS). Very gracious doesn’t begin to describe it:
—— Original Message ——
From “Martin, John” <John.B.Martin@dhhs.nh.gov>
To “skip@granitegrok.com” < skip@granitegrok.com>
Date 6/9/2023 12:58:52 PM
Subject RSA 91-A Right to Know requestGood afternoon. In response to your Right to Know request, please see the/ links below to two DCYF protocols:
https://www.doj.nh.gov/criminal/victim-assistance/documents/2021-ca-protocol.pdf
John B. Martin, Deputy Chief Legal Counsel
Department of Health and Human Services
Office of Legal and Regulatory ServicesBureau of General Counsel
129 Pleasant Street
Concord, NH 03301
Well, THAT was unexpected. Not so much what was sent but WHO sent it. Someone that didn’t have to send anything to this lowly blogger; I had to respond (note my emphasis now):
From: Skip <Skip@granitegrok.com>
Sent: Friday, June 9, 2023 2:56 PM
To: Martin, John <John.B.Martin@dhhs.nh.gov>
Subject: Re: RSA 91-A Right to Know request
Good (if rainy) afternoon in turn!
Thank you for sending those links – just in time. I was starting the process of submitting my petition to Belknap Superior Court per RSA 91-A:8; the filing fee check was already filled out.
Mr. Martin, glad to see that somebody either talked some sense into her OR tipped you off to save her bacon.
I AM someone who holds Government to account (NH Constitution, Article 8) and I don’t care what one’s title is or the letter that appears after someone’s name (if holding elective office) if it appears they have disdain for the phrase “Follow The Law”. Just ask the three Republican Legislator chuckleheads that are now in front of the NH Legislative Ethics Committee as well as suing my school board for enacting a Policy that was blatantly unconstitutional.
She owes you at least a cuppa coffee.
THANK you for your lawful attention in this matter. I consider this Right To Know fulfilled and now closed.
-Skip
And yes, I now have in my possession the document that I had requested. It SHOULD have been just that easy right from the get-go with my first email to Amy Fortin. The fact that it rose to #2 Legal Dude at the Department showed how wrong this went. Then this was even more unexpected (again, emphasis mine):
—— Original Message ——
From “Martin, John” <John.B.Martin@dhhs.nh.gov>
To “Skip” <Skip@granitegrok.com>
Date 6/9/2023 3:00:53 PM
Subject RE: RSA 91-A Right to Know request
Yes, I am very sorry about this. That was very poor public service on our part and you deserve better. I apologize.
John B. Martin, Deputy Chief Legal Counsel
Department of Health and Human Services
Followed by:
From: Skip <Skip@granitegrok.com>
Sent: Friday, June 9, 2023 3:15 PM
To: Martin, John <John.B.Martin@dhhs.nh.gov>
Subject: Re[2]: RSA 91-A Right to Know request
Appreciate the sentiment. I also agree with your statement.
However, while I thank you for your words, you were not in error – the required apology should have been from a different person.
-Skip
Followed by another unexpected offer:
From “Martin, John” <John.B.Martin@dhhs.nh.gov>
To “Skip” <Skip@granitegrok.com>
Date 6/9/2023 3:30:36 PM
Subject RE: Re[2]: RSA 91-A Right to Know request
If I can be of assistance in the future, please feel free to reach out to me. You can also feel free to reach out to Caitlin Sittig. She is the Legal Assistant for the Bureau of General Counsel. She is very, very nice and very, very helpful and responsive. She can be reached at:
John B. Martin, Deputy Chief Legal Counsel
Department of Health and Human Services
Office of Legal and Regulatory Services
Bureau of General Counsel
Heh! “Thanks for the offer and I most likely will take advantage of it.” And I will, indeed. In fact, I already know of two things – one of which HE won’t expect. The other might, however, make him grimace a tad.
But all in all, a good conclusion. I got my documents, an apology, and an Object Lesson was served.
