Memorandum on New Hampshire’s Right-to-Know Law

Attorney General John M. Formella is pleased to announce the publication of this 2024 edition of the Attorney General’s Memorandum on New Hampshire’s Right-to-Know Law, RSA Chapter 91-A.

The philosophy underlying this memorandum is simple: the people of the State of New Hampshire have the right to know what their government is doing. It is appropriate that the release of this memorandum occur during this national “Sunshine Week” dedicated to the importance of government transparency, public records, and open meetings.

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.

The memorandum is also being made available on the New Hampshire Department of Justice’s website: www.doj.nh.gov.

Please note, the memorandum does not constitute legal advice and is not a substitute for legal research. Individuals with specific questions should consult their lawyer.

Original source can be found here.