HOUSE BILL - FINAL VERSION

1991 SESSION

HOUSE BILL NO. 133 (CHAPTER 217, LAWS OF 1991)

INTRODUCED BY: Rep. Holbrook of Belknap Dist. 13

REFERRED TO: Judiciary

AN ACT relative to the right to know law.

AMENDED ANALYSIS

This bill deletes the authority of a body or agency to hold an executive session solely for deliberative purposes. References to "executive session" are changed to "nonpublic session."

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EXPLANATION: Matter added appears in bold italics.

Matter removed appears in [brackets].

Matter which is repealed and reenacted or all new appears in regular type.

0430L

91-0541

HB 133

In the year of Our Lord one thousand

nine hundred and ninety-one

AN ACT

relative to the right to know law.

Be it Enacted by the Senate and House of Represen-

tatives in General Court convened:

1 Reference Change. Amend RSA 12-A:6 to read as follows:

12-A:6 Advisory Commission; Duties. The commission shall consult with and advise the commissioner of resources and economic development with respect to the policy, programs and operations of the department upon a continuing basis and for said purposes shall meet with the commissioner not less frequently than annually at the call of the chairman or 3 commission members. A vacancy on the commission shall be filled in accordance with the requirements of RSA 12-A:5. It shall be the duty of the chairman to convene the commission not later than 10 days following his receipt of written request therefor from any 3 or more members thereof. The commissioner shall attend any meeting of the commission upon request of a majority of its membership. The advisory commission shall submit to the governor and council biennially[, beginning in October 1975,] a written report of the activities of the department covering the previous 2 calendar

years, which report shall be a public document. [An executive] A nonpublic session of the advisory commission may be called at any time for any of the reasons specified in RSA 91-A:3, II upon majority vote and shall consist solely of the members thereof.

2 Reference Change. Amend RSA 91-A:2, II to read as follows:

II. All public proceedings shall be open to the public, and all persons shall be permitted to attend any meetings of those bodies or agencies. Except for town meetings, school district meetings and elections, no vote while in open session may be taken by secret ballot. Any person shall be permitted to use recording devices, including, but not limited to, tape recorders, cameras and videotape equipment, at such meetings. Minutes of all such meetings, including names of members, persons appearing before the bodies or agencies, and a brief description of the subject matter discussed and final decisions, shall be promptly recorded and open to public inspection within 144 hours of the public meeting, except as provided in RSA 91-A:6, and shall be treated as permanent records of any body or agency, or any subordinate body thereof, without exception. Except in an emergency or when there is a meeting of a legislative committee, a notice of the time and place of each such meeting, including [an executive] a nonpublic session, shall be posted in 2 appropriate places or shall be printed in a newspaper of general circulation in the city or town at least 24 hours, excluding Sundays and legal holidays, prior to such meetings. An emergency shall mean a situation where immediate undelayed action is deemed to be imperative by the chairman or presiding officer of the body or agency who shall employ

whatever means are available to inform the public that a meeting is to be held. The minutes of the meeting shall clearly spell out the need for the emergency meeting. When a meeting of a legislative committee is held, publication made pursuant to the rules of the house of representatives or the senate, whichever rules are appropriate, shall be sufficient notice. If the charter of any city or guidelines or rules of order of any body or agency described in RSA 91-A:1-a require a broader public access to official meetings and records than herein described, such charter provisions or guidelines or rules of order shall take precedence over the requirements of this chapter.

3 Nonpublic Sessions. RSA 91-A:3 is repealed and reenacted to read as follows:

91-A:3 Nonpublic Sessions.

I.(a) Bodies or agencies shall not meet in nonpublic session, except for one of the purposes set out in paragraph II. No session at which evidence, information or testimony in any form is received shall be closed to the public, except as provided in paragraph II. No body or agency may enter nonpublic session, except pursuant to a motion properly made and seconded.

(b) Any motion to enter nonpublic session shall state on its face the specific exemption under paragraph II which is relied upon as foundation for the nonpublic session. The vote on any such motion shall be by roll call, and shall require the affirmative vote of the majority of members present.

session shall be confined to the matters set out in the motion.

II. Only the following matters shall be considered or acted upon in nonpublic session:

(a) The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him, unless the employee affected requests an open meeting.

(b) The hiring of any person as a public employee.

(c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting.

(d) Consideration of the acquisition, sale or lease of property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.

(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.

(f) Consideration of applications by the adult parole board under RSA 651-A.

III. Minutes of proceedings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is

determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

4 Reference Change. Amend RSA 313-A:2, V to read as follows:

V. The board shall hold at least 6 regular meetings each year. Special meetings may be called at such times as the rules of the board may provide. A quorum of the board shall consist of no fewer than 4 members. All meetings of the board shall be open to the public, except when the board conducts [an executive] a nonpublic session under RSA 91-A.

5 Reference Change. Amend RSA 326-B:3, X to read as follows:

X. Board meetings shall be open to the public. In accordance with RSA 91-A:3 the board may conduct part of a meeting in [executive] nonpublic session.

6 Effective Date. This act shall take effect January 1, 1992.