Governor signs Law to create an Ombudsman to resolve Right to Know complaints

Recently, Gov. Sununu signed into Law HB481 to establish the office of the right-to-know ombudsman and creates a simpler, less expensive, and faster alternative process to resolve complaints under RSA 91-A.

As an alternative to filing a petition in court, a citizen may file a written complaint with the office of the right to know ombudsman.  The ombudsman will then require the public body/agency to provide an answer to the complaint within 20 days citing any justifications for their refusal to or delay in producing the requested governmental records, access to meetings open to the public, or otherwise comply with the provisions of the Right-to-Know Law (RSA 91-A).

In reviewing the complaint, the ombudsman is authorized to:

(a) compel delivery of governmental records to the ombudsman within 30 days for review, 

(b)  compel interviews with both parties and order attendance at hearings within a reasonable time, if hearings are necessary

(c)  Within 30 days after the receipt of responses from both parties, provide written notice of any findings and order any other remedy to the same extent as provided by the court under RSA 91-A:8.

This bill has a sunset clause and will automatically be repealed on July 1, 2025.

RTKNH would like to thank the following sponsors of this bill:  Rep. DiLorenzo, Rock. 17; Rep. Langley, Hills. 8; Rep. G. Sanborn, Graf. 6; Rep. Hopper, Hills. 2; Rep. Cushing, Rock. 21; Rep. M. Smith, Straf. 6; Rep. Weyler, Rock. 13; Rep. Ulery, Hills. 37; Sen. Rosenwald, Dist 13; Sen. Giuda, Dist 2

Additional Background Information:

The origins of this bill come from the recommendations of the 13 member Legislative Right-to-Know Study Commission created by HB 178.  

The Study Commissions Final Report can be read at http://www.orol.org/rtk/rtknh/2017-10-31-HB178-Commission-Report.pdf

NH AG Updates Right-to-Know Memo

The last time this happened was in 2015. Today, the NH Attorney General published a 2024 revised version of the Memorandum on New Hampshire’s Right-to-Know Law, RSA Chapter 91-A. This long-awaited revision was fittingly released during Sunshine Week. The AG’s press release described the memo this way:

This memorandum reflects a significant update to the last edition with highlights including:

  • 27 statutory amendments to the Right-to-Know law.
  • 17 new court decisions.
  • A reorganized meetings section to assist the reader.
  • A more robust discussion on remote meetings and remote participation.
  • Revised nonpublic sessions and nonpublic session minutes guidance.
  • Updated procedures for reviewing and withholding Law Enforcement Records.
  • Additional guidance on privacy analysis/balancing tests.
  • A discussion of the State’s new Office of the Right-to-Know Ombudsman.
  • Revised Appendices.

The Attorney General’s memorandum serves as both a learning tool and as a reference manual for citizens and governmental entities alike in understanding RSA chapter 91-A. Citizens can use this memorandum to learn about the provisions of this statute and to better understand how they may exercise their rights. Public officials may use it to better understand their responsibilities and what restrictions they may, and what restrictions they may not, place on citizen access to records and meetings.

Sunshine Week Event: Keeping the Light On

Next week is Sunshine Week across the country. Sunshine week is an annual focus on the importance of the Right to Know for governmental accountability. The highlight in New Hampshire for Sunshine Week is a panel discussion called Keeping the Light On and Holding Government Accountable in New Hampshire sponsored by the New England First Amendment Coalition, the Nackey S. Loeb School of Communications and Saint Anselm College.

This discussion is free and open to the public. It will be on Monday, March 11, 2024 from 5:30 to 7:00 p.m. at the New Hampshire Institute of Politics at Saint Anselm College in Manchester, NH. The address is 100 St. Anselm Drive.

FAQ: Does the Right-to-Know Law apply to the courts?

Short answer: No.

Long answer: The N.H. Right-to-Know Law, RSA 91-A, does not apply to the courts or any part of the judicial branch in our state.  It only applies to certain executive and legislative agencies and bodies.  Section RSA 91-A:1-a lists which public agencies, RSA 91-A:1-a, V,  and public bodies, RSA 91-A:1-a, VI, the law applies to, and these lists do not include any part of the judiciary.

Even though the statute does not apply to the courts, public access to judicial records and meetings is a constitutional right in New Hampshire.  Part 1, Article 8 of the N.H. Constitution provides that “the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.”  This applies to all three branches of government, including the judicial branch.  This right is further strengthened by Part 1, Article 7, that “[t]he people of the state have the sole and exclusive right of governing themselves”, and by Part 1, Article 22, that “[f]ree speech and liberty of the press are … to be inviolably preserved.”  See, Petition of Keene Sentinel, 136 N.H. 121, 126 (1992).

For more details, see these court orders:

FAQ: What’s the difference between RTK and FOIA?

Short answer: RTK is for state and local information and FOIA is for U.S. government information.  RTK is also for records and meetings and FOIA is just for records.

Long answer: The New Hampshire Right-to-Know Law, RSA 91-A, gives public access to state and local records and meetings within N.H.  The federal Freedom of Information Act, 5 U.S.C. sec. 552, gives public access to U.S. government records.  There is no federal statute for public access to meetings similar to RSA 91-A.

It doesn’t matter whether the records are kept within our state boundaries.  What matters is who has them.  If a federal agency has them in an office in N.H., then FOIA applies.  If a state or local agency has them, then the RTK Law applies.

How to promote or support a bill in the NH legislature webinar Monday Sept. 19th

“Let Your Voice Be Heard: How to promote or support a bill in the NH legislature,” is a detailed explanation of the life of a bill idea – from conception to law.  Conducted by David Saad of Right to Know NH, and Eric Pauer, President SDGA of NH.

Monday, September 19, 2022  7pm – 9 pm

Registration is free, but required in order to receive a Zoom invitation.

Register here by September 18th:  https://sdganh.org/event/webinar-let-your-voice-be-heard-how-to-promote-or-support-a-bill-in-the-nh-legislature/?instance_id=426       

FREE webinar on the Right to Know Law

Right to Know NH will conduct a FREE virtual webinar titled “Introduction to the Right-to-Know Law” on Tuesday, December 28th from 6:30pm – 7:30pm.

David Saad, RTKNH president, will be presenting and will include time for Q&A.

Registration is free but required in order to receive a Zoom invitation.

To register click here: https://forms.gle/p5eGhDkvp3x5WNmRA

Questions? We’d love to hear from you. Email us at righttoknownh@gmail.com

Right to Know NH (RTKNH) is a nonprofit, nonpartisan citizen coalition working to improve access to NH state, county, and local governments. We advocate strengthening NH state laws, particularly the Right-to-Know.

RTKNH meeting Saturday 12/18 @ 9 a.m

Right to Know NH will meet on Saturday, December 18, 2021 @ 9 AM by Zoom video conference.  We will discuss Right to Know (RSA 91-A) bills for the upcoming legislative session.  The public is welcome to join us. If you’d like to join us, click on “Send us a message” under CONTACT US to the right and ask for the zoom conference meeting link.

RTKNH meeting Saturday 11/20 @ 9 a.m

Right to Know NH will meet on Saturday, November 20, 2021 @ 9 AM by Zoom video conference.  We will discuss Right to Know (RSA 91-A) bills for the upcoming legislative session.  The public is welcome to join us. If you’d like to join us, click on “Send us a message” under CONTACT US to the right and ask for the zoom conference meeting link.

Learn the Open Meeting Laws Webinar Nov. 8th @ 7:30 pm

The School District Governance Association in partnership with Right to Know NH will conduct a FREE webinar on the Right-to-Know Law regarding Public meetings and non-public sessions. Webinar will be held Monday November 8th 7:30-8:30PM via zoom. David Saad, RTHNH president, is the presenter and will include time for Q&A.

Registration for this webinar is free, but required in order to receive a zoom invitation.

To register click here