How Much Are You Spending on Lawyers To Dodge RTK Requests?

by
Skip

I saw that Grokster Ann Marie is demanding easy answers to hard questions, but the Superintendent, Tom Abrose, is giving her a hard time. And yes, I’ve been reading and giving her some advice, and I noticed that every Subdivision of the State (e.g., towns, school boards, state agencies, commissions…on and on) has decided that EVERY RSA 91-A (RTK) needs legal advice (and that’s generally how to get out of giving a straight answer to a citizen trying to get to the bottom of things. Like me, like Laurie Ortalano, Laura Colquhoun, and others); the process is the punishment.

So be it. I sent this to the Sanborn School Board to see if they would give me a straight answer. Please note that I ALWAYS converse with the elected Representatives of a given entity. In this case, School Board members are responsible for the entire District even if they “delegate” (or have been so trained to give up) their Powers to “the Professionals” (thank you, NH School Board Association!) – in this case, the Superintendent

—— Forwarded Message ——

From “Skip” <Skip@granitegrok.com>

To ddutton@sau17.net; mpetillo@sau17.net; jneault@sau17.net; hingham@sau17.net; khamilton@sau17.net; redelman@sau17.net; mbashaw@sau17.net

Date 7/18/2024 1:28:31 PM

Subject RSA 91-A demand for certain information on Legal Expenditures at the General Ledger account line level

Good afternoon,

Please find an RSA 91-A demand attached to this email.

I look forward to your attention in this matter.

-Skip

The actual right to know is for general ledger account information, a rarely requested source that can reveal “what the heck is going on in those dark corners. I’ve included the entire document as I have tweaked it a bit, and I know that there are some of you (e.g., Al and Linda, to name just two) who use this template developed over the years

July 18, 2024 (Version 1.0)

Right to Know Request per RSA-91A: The value of any and all District General Ledger Line Level accounts use for Legal expenditures for SAU17 / Sanborn School District as of May 1, 2024.

After all:

[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 …The public also has a right to an orderly, lawful, and accountable government

Background:

  • Having been a Principal Consultant and Software Engineer for over 40 years, I know that all computer based accounting systems utilizing a database underpinning it have a schema – the “catalog” that contains all of the data elements that are stored in and that outlines the relationships / connections between those data elements.
  • Having worked on and written code for ERP class systems that are account based, I have a great familiarity on the general principles involved in using them.
  • I have, in the past, sent similar RSA 91-A demands to other Districts, including my own, and have promptly received the data that completely fulfilled my demand requirements.
  • Nothing in this demand runs afoul of any of the official exemptions listed in RSA 91-A:5 which are the only exceptions by which this demand can be denied.

Demand:

Pursuant to the Right to Know Law (RSA 91-A), I am demanding that, within 5 business days, that the District is to provide the following Governmental Records:

  • The name of your District software accounting system and the version that the District is currently using.
  • For each General Ledger Account line (“GL account lines”) that is used for Legal expenditures that fits the Filter below, provide the following data elements (as any computer based accounting system has these as part of its schema):
    • The Account ID of such a GL line
    • The Description of such a GL line
    • The current value of such a GL line

Filter:

A filter is being provided to specifically limit search and response time. A valid time estimate is that it should take no more than 30 minutes, assuming multiple GL accounts are involved, and a mere two minutes if only one GL line. That singular filter is a date data type with a value of May 1, 2024.

If this cannot be fulfilled within that 5 business day mandated window per RSA 91-A:2, II, please advise when the Responsive Record(s) will be made available.

Per RSA 91-A:4 IV(c) If you deny any portion of this request, cite the specific exemption from RSA 91-A:5 to justify your denial to make each record, or part thereof, available for inspection. Include a brief explanation of how the exemption applies to the information withheld.

Additional: It is not up to the Requester to be made to look up the subjects or materials that are the focus of this Right To Know (e.g., from the Respondent: “here’s the URL so do the search yourself”). It is the responsibility of the Respondent to fully supply all demanded materials.

Unless of course, for this demand, if you provide a set of credentials for accessing your accounting system with the proper permission sets, with 40 years in the software industry, I should be able to, as the kids now say, “suss out” the information demanded by this Right To Know.

Your call.

As you are aware, in 2016, the New Hampshire Supreme Court ruled that a governmental body in possession of Responsive 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. For this demand type, knowing that any modern accounting systems can filter and output, such Responsive Records in EXCEL/spreadsheet formats will provide what is being demanded.

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, query files, policies) which may have been deleted from respective local hardcopy file or software system but are still available on the applicable servers or in application or archival system(s) either in-house or hosted.

Please let me know when these records are available for inspection or you may email the records to me at Skip@GraniteGrok.com. If the volume is turns out to be substantial, I’ll be happy to supply a a a shared DropBox folder sufficient to hold all of the electronic formatted Responsive Records.

Thank you for your lawful attention to this matter.

Sincerely,

Skip Murphy
GraniteGrok.com

Author

  • Skip

    Co-founder of GraniteGrok, my concern is around Individual Liberty and Freedom and how the Government is taking that away. As an evangelical Christian and Conservative with small "L" libertarian leanings, my fight is with Progressives forcing a collectivized, secular humanistic future upon us. As a TEA Party activist, citizen journalist, and pundit!, my goal is to use the New Media to advance the radical notions of America's Founders back into our culture.

Share to...