Law prevents N.H. officials from using e-mail to hide from public

By Norma Love
Associated Press

May 10, 2008 12:13 am

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CONCORD, N.H. (AP) — New Hampshire's Right-to-Know Law is finally entering the electronic age.

The Senate voted Thursday to send the governor a bill that lawmakers say gives the public clear access to government without handicapping officials, particularly those on small town boards.

Two previous attempts to update the law failed largely over what to do about communications that occur outside official meetings. The latest bill bars officials from deliberating outside the public view by using e-mails, instant messages, telephone calls or other forms of communication.

Lawmakers and a legislative commission have been struggling to strike a balance between banning all communications outside meetings among a quorum of a board or committee, or making the law flexible enough for small-town boards to get their work done.

The sticking point had been the many towns with three selectmen: whenever two talk or meet, they make up a majority.

The latest bill would ban communication outside a meeting — including sequential communication — that was used to "circumvent the spirit and purpose" of the law.

The bill would recognize the evolving ways technology can help meetings take place by allowing public bodies to use electronic means to conference if a member not able to physically attend. A quorum would have to be physically present except in an emergency when "immediate action is imperative." The public would have to be able to hear or see what was occurring.

The bill would expand on the law's definitions to include electronic communications; require documents created or maintained in electronic form to be accessible the same time as paper documents; allow governments to make electronic copies of requested documents; and maintain confidentiality of work papers, personnel information and other exempt documents such as records of grand juries, parole and pardon boards and personal records of pupils.

The purposely does not define electronic communications as e-mail so other electronic forms of communications, such as text messaging, would be covered.