I have been in court for over three years, arguing for transparency in Nashua’s public records. The experience has been profoundly disappointing. The courts are overburdened and under-resourced and often appear aligned with the city.
In a Right-to-Know hearing last May, Judge Colburn ruled that the claims regarding record requests to various Boards and Committees were “moot.” Her order was likely based on the City’s responses to the Judge’s inquiries about its record-keeping procedures. The city’s response was not wholly truthful, as can be demonstrated by its post-court inaction. Now that ten months have passed, an objective assessor would likely conclude that changes have been made to further restrict access to public reports.
Nashua has been embroiled in Right-to-Know litigation since 2020, and no court order has resulted in meaningful changes. Judges must put too much faith in Nashua’s attorneys to implement what they state in court. The result has been that pro se citizens continue to be treated as ‘Barbarians at the Gates’. Why are Nashua’s attorneys so willing to ignore both the RTK law’s intent and the Court’s urging to get their house in order? I suspect that the city attorneys know the judges will align with the city, and the court will do its utmost to accommodate the city. This might be a reasonable approach if the City were dealing in good faith and honoring their words stated in court. Yet, the City maintains its rigidity and fights change, understanding the Court is overburdened and unable to expedite these cases. It is nearly impossible for Citizens to win in a stacked and sluggish Court.
What is missing to correct records problems:
- a RTK page on their website with instructions on filing
- a Board/committee contact list so that citizens can reach the public body
- written policy on handling email requests and reasonable, timely redacting methods
- a City RTK policy that states the duties of the RTK administrator and the record handling policies.
- Open and unlock city departments so citizens can speak with employees who are most knowledgeable about pertinent records.
- An accessible RTK Administrator located in the Clerk’s Office rather than in an unmarked, locked office with no office hours or phone number to reach him. Could the City be any more non-transparent than hiding the RTK Administrator?
Attorney Rice provided common-sense input at the Nackey Loeb Sunshine Week Panel forum on March 11, 2024. She focused on the need for open communication between the departments and the citizens. She stated, “Emails are awkward,” and they are ineffective at getting to the records citizens seek. Nashua now operates only through emails, subjecting certain citizens to a more burdensome process. Further restrictions have been made to impede citizens from interacting with city officials.
Nashua attorneys appear to have a strategy to delay while playing the virtuous victim, playing the blame game, and marginalizing citizens rather than respecting the intent of the RTK law, acting as leaders, and instituting necessary improvements to curb litigation. Hence, lawsuits continue.
Citizens should not be blamed for this RTK litigation. The Court should examine the Nashua City Attorney’s behavior in the RTK cases. Also, might there be court process improvements to address maneuvers that impede timely resolution?
Justice Delayed is Justice Denied
