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Introduction
Readers,
A lot of states have laws granting the public the right to know what their government is doing, including New Hampshire. The New Hampshire Right to Know Law is one of the strongest in the country. It gives the public the right to access all public records, except for those that are specifically exempted by law.
In 2019, the Attorney General issued a memorandum clarifying the scope of the Right to Know Law. This memorandum is an important resource for anyone who wants to understand their rights under the law.
What is the Attorney General Memorandum?
The Attorney General Memorandum is a document that provides guidance on the interpretation of the New Hampshire Right to Know Law. It was issued by the Attorney General in 2019. The memorandum clarifies the scope of the law, including what records are considered public and what exemptions apply.
What Does the Memorandum Say?
The memorandum addresses a number of issues related to the Right to Know Law, including:
- What records are considered public? The memorandum states that all records created or received by a public body are considered public, unless they are specifically exempted by law.
- What exemptions apply? The memorandum lists a number of exemptions to the Right to Know Law, including:
- Records that are protected by attorney-client privilege
- Records that are confidential under other laws
- Records that would endanger the safety of an individual
- How to request records? The memorandum provides instructions on how to request records from a public body.
Who is Subject to the Law?
The Right to Know Law applies to all public bodies in New Hampshire. This includes state agencies, county governments, city and town governments, and school districts.
What Records Are Not Public?
There are a number of records that are not public under the Right to Know Law. These include:
- Records that are protected by attorney-client privilege.
- Records that are confidential under other laws.
- Records that would endanger the safety of an individual.
How to Request Records
To request records from a public body, you must submit a written request. The request must include:
- Your name and contact information.
- A description of the records you are requesting.
- The date you are requesting the records.
The public body has 10 business days to respond to your request. If the public body denies your request, you can appeal the decision to the superior court.
Practical Tips for Requesting Records
Here are a few practical tips for requesting records under the Right to Know Law:
- Be specific in your request. The more specific you are, the more likely you are to get the records you want.
- Be persistent. If you don’t get the records you want the first time, don’t give up. Follow up with the public body and be willing to appeal the decision if necessary.
- Be aware of the exemptions. Not all records are public. Be aware of the exemptions so that you don’t waste your time requesting records that you won’t be able to get.
Conclusion
The New Hampshire Right to Know Law is a powerful tool for ensuring that the public has access to information about their government. The Attorney General Memorandum is an important resource for understanding the scope of the law. If you have any questions about the Right to Know Law, you can contact the Attorney General’s Office.
Check Out These Other Articles
- The New Hampshire Right to Know Law
- The Attorney General Memorandum on the Right to Know Law
- How to Request Records Under the Right to Know Law
Related Table
| Characteristic | Description |
|---|---|
| Purpose | To provide the public with access to information about their government |
| Scope | Applies to all public bodies in New Hampshire |
| Exceptions | Certain records are not public, such as those protected by attorney-client privilege or those that would endanger the safety of an individual |
| Procedure | To request records, submit a written request to the public body |
| Timeline | The public body has 10 business days to respond to your request |
| Enforcement | You can appeal the decision to the superior court if your request is denied |
FAQ about Attorney General Memorandum NH Right to Know Law
What is the Attorney General Memorandum on the NH Right to Know Law?
The Attorney General Memorandum is a legal document issued by the New Hampshire Attorney General’s office that provides guidance on the interpretation and application of the Right to Know Law (RSA 91-A).
What does the NH Right to Know Law cover?
The Right to Know Law gives the public the right to access certain public records held by state and local government entities in New Hampshire. These records include documents, emails, photographs, and other materials.
What types of records are protected from disclosure under the Right to Know Law?
Certain types of records are exempt from disclosure, including:
- Personal privacy records
- Confidential information that could harm the public interest, such as law enforcement investigations
- Records that are held by law enforcement and relate to open criminal cases
How do I make a Right to Know request?
You can make a Right to Know request in writing or electronically. The request should include a clear description of the records you are seeking.
What happens after I make a Right to Know request?
The government entity you made the request to must respond within 5 business days. They can either provide the records you requested, deny your request, or provide a partial response.
What if my Right to Know request is denied?
If your request is denied, you have the right to appeal the decision to the Attorney General’s office.
What are the penalties for violating the Right to Know Law?
Government entities that knowingly and willfully violate the Right to Know Law can be fined.
How can I get more information about the Right to Know Law?
You can find more information on the Attorney General’s website or by contacting the Attorney General’s office.
What is the difference between a "public record" and a "confidential record"?
A "public record" is any record that is not exempt from disclosure under the Right to Know Law. A "confidential record" is a record that is exempt from disclosure.
What if I believe a government entity has violated the Right to Know Law?
You can contact the Attorney General’s office to file a complaint.
