Category: News

State of Emergency has ended and so has executive order to expand use of meetings by electronic means

The State of Emergency declared by the Governor is no longer in effect as of June 12th.

This means the emergency order which was in effect regarding allowing electronic meetings are no longer in effect.

All public meetings must now be conducted according to the requirements outlined in RSA 91-A.  Specifically,

  • Except in an emergency, a quorum of the public body shall be physically present at the location specified in the meeting notice as the location of the meeting.
  • Each part of a meeting required to be open to the public shall be audible or otherwise discernable to the public at the location specified in the meeting notice as the location of the meeting.
  • No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern meeting discussion contemporaneously at the meeting location specified in the meeting notice.

Dr. Salcetti Wins Loeb First Amendment Award

Dr. Marianne Salcetti won this year’s Nackey S. Loeb First Amendment Award for her case against the City of Keene with 5 of her journalism students at Keene State College. The case involved Right-to-Know requests made by the 5 students to Keene for public records that the city denied. The records related to restaurant inspections, excessive use of police force, underage drinking, and sexual assault.

The Cheshire Superior Court largely ruled against the students, but on appeal they largely prevailed at the New Hampshire Supreme Court. Attorney Greg Sullivan represented Dr. Salcetti and the students at the Supreme Court. Dr. Salcetti and the students represented themselves in the Superior Court. Right to Know NH assisted the plaintiffs.

The Union Leader described the case and the award. Click here for the article. Julio Del Sesto produced a video about the case. Click here for the video.

NH Governor issues executive order to expand use of meetings by electronic means

Emergency Order #12 pursuant to Executive Order 2020-04, the following RSA 91-A meeting requirements are waived, effective immediately,  for the duration of the State of Emergency:

  • RSA 91-A:2,III(b) that a quorum of a public body be physically present unless immediate action is imperative
  • RSA 91-A:2,III(c) that each part of a meeting of the public body be audible or otherwise discernible to the public “at the location specified in the meeting notice as the location of the meeting,” so long as the public body:
    • Provides public access to the meeting by telephone, with additional access possibilities by video or other electronic means;
    • Provides public notice of the necessary information for accessing the meeting;
    • Provides a mechanism for the public to alert the public body during the meeting if there are problems with access; and
    • Adjourns the meeting if the public is unable to access the meeting.

The Attorney General has published guidance on how to hold meetings during the State of Emergency.

View all Emergency Orders here

NH Right to Know Articles of Interest

NH Right to Know Articles of Interest

NH Right to Know Articles of Interest

NH Right to Know Articles of Interest

NH Right to Know Articles of Interest

NH Right to Know Articles of Interest