BY STEVEN ANDREWS
The state’s Right to Know Law grants every citizen the ability to inspect countless public records, nearly every piece of information the towns compile, simply by asking for them.
The information is not limited to what is gathered at the town hall; the schools, police and every other public agency must adhere to the same rules.
These rights are nearly as old as the state itself. When the state’s Constitution was adopted in 1784, Part 1, Article 8, said, “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.”
This has developed into what is known as RSA 91:A, the Right to Know Law, a constantly evolving document that specifically outlines the rights of citizens, defining what records they have access to and how towns must comply.
“Everything about our society is built on openness,” said Rod Doherty, executive editor of Foster’s Daily Democrat newspaper, and an expert on the Right to Know Law. “Without strong laws for the people in regards to public information we’d be a subdued society.”
The law clearly states that any citizen may examine public records during regular business hours of the public body at its place of business. This means that public officials have no right to ask you any personal information or reason for wanting to see the information.
You may also take notes, photographs or request a copy of the document. The office may only charge you the cost of the copy or any other fee required by law.
If the document exists on a computer, the office must print it out for you, as long as it does not reveal any confidential information.
Electronic communication has been one aspect of the law under the most scrutiny and planned revision by legislators recently.
“Using e-mail or text messages makes the jobs of public officers easier, but it also allows them much more communication outside of the public domain,” said Doherty.
Revising the law to reflect which of these communications to make available has caused much debate among the government, the press and citizens, but a resolution has been hard to reach.
“Unlike a lot of legislation, the Right to Know Law is built on the spirit of the law,” said Doherty. “It’s very hard to define some of the vagaries of the language (especially relating to electronic communication).”
If the office is not able to immediately give you the information, they have five days to make it available; deny the request in writing, giving reasons; or give written acknowledgment of the request and how long it will take to grant or deny the request.
“If there is a flaw, it’s that there is no punishment of any consequence for those who do not follow the law,” said Doherty.
There are, of course, pieces of information that towns have every right to keep to themselves. Broadly speaking, anything that would reveal personal information about a resident or town employee is restricted.
These include students’ school records, internal personnel information, medical information and juvenile court records.
Any confidential commercial or financial documents that could harm the town if released prematurely are also off limits.
Police departments also have specific restrictions on the information they can hand out. Obviously, anything that would interfere with enforcement proceedings, reveal a confidential source or harm someone’s right to a fair trial are excluded from dispersal.
If the document would reveal investigative techniques or otherwise endanger the lives of personnel, it can also be kept private.
Arrests, however, are considered public information, as are the daily activities conducted by a police department.