Nashua telegraph: Access to school debates limited

[Dave Ridley]

Access to school debates limited
NASHUA – The school board has met in nonpublic session at least 20 times this year, but there are no minutes or records available for members of the public to determine what was said in any of the meetings. In most cases, the board voted to seal the minutes of the meeting immediately afterward, but in some instances, it's unclear whether the minutes were ever sealed or if they just weren't produced.
Sunday, July 8, 2007

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[CNHT]

Access to school debates limited
NASHUA – The school board has met in nonpublic session at least 20 times this year, but there are no minutes or records available for members of the public to determine what was said in any of the meetings. In most cases, the board voted to seal the minutes of the meeting immediately afterward, but in some instances, it's unclear whether the minutes were ever sealed or if they just weren't produced.
Sunday, July 8, 2007

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There are certain instances that meetings can be private -- you could check Howie Dilworth on this. But otherwise they have to release the minutes (and produce them in the first place!)

[Dreepa]

If they don't vote to seal the minutes then they MUST give you a copy.
When they seal the minutes they should vote on how long it can be sealed.
Also it would be great if someone asked them why they went into nonpublic session.  It always bugs them.  How dare you question them!
They can go into 'non public session'  I call it secret squirrel session  if they are talking about a particular child, hiring issues stuff like that.

[Spencer]

There is a great resource out there for public records / open government issues.  It is called the Open Government Guide and is put out by the Reporters Committee for Freedom of the Press.

The section on NH is here: http://www.rcfp.org/ogg/index.php?op=browse&state=NH

It has the following interpretation of NH law re: non-public meetings:

Generally. The Statute permits public bodies to meet in "nonpublic session," only for matters set forth in RSA 91-A:3,II.

· Nonpublic Sessions Authorized by the Statute.

· 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 (1) has a right to a meeting and (2) requests that the meeting be open in which case the request shall be granted. RSA 91-A:3, II(a). See Appeal of Plantier, 126 N.H. 500 (1985). (employee with a right to meeting must be given notice of the meeting and its purpose.); Johnson v. Nash, 135 N.H. 534 (1992) (public posting of meeting without indicating topics to be discussed insufficient). Note, discussions regarding a public official, as opposed to a public employee, do not qualify for this exemption.

· "The hiring of any person as a public employee." RSA 91-A:3, II(b).

· "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." RSA 91-A:3, II(c).

· "Consideration of the acquisition, sale, or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community." RSA 91-A:3, II(d).

· "Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against a body . . . until the claim or litigation has been fully adjudicated or otherwise settled." RSA 91-A:3, II(e).

· "Consideration of applications by the adult parole board under RSA 651-A. RSA 91-A:3, II(f).

· "Consideration of security-related issues bearing on the immediate safety of security personnel or inmates at the county correctional facilities by county correctional superintendents or their designees. RSA 91-A:3(g).

· "Consideration of applications by the business finance authority under RSA 162-A:7-10 and 162-A:13 where consideration of an application in public session would cause harm to the applicant or would inhibit full discussion of the application." RSA 91-A:3(h).

As for sanctions for non-compliance:

For violations of the open meetings, a court may award attorney's fees to the prevailing party. R.S.A. 91-A:8(I). A court may also void any action taken during a closed meeting. R.S.A. 91-A:8(II).

Regarding notice:

Notice requirements are the same as for regular meetings. Penalties are the same as for any other violation of the Statute. See RSA 91-A:8; Voelbel v. Town of Bridgewater, 140 N.H. 446 (1995); Carter v. City of Nashua, 113 N.H. 407 (1973); Stoneman v. Tamworth Sch. Dist., 114 N.H. 371 (1974).

As for minutes, they are required to keep minutes and release them to the public absent an exception:

Requirement of Minutes. Minutes of proceedings in nonpublic session "shall be kept and the record of all actions shall be promptly made available for public inspection." RSA 91-A:3, III.

Minutes and decisions reached in nonpublic session are to be disclosed within 72 hours of the meeting. The only exception to this requirement is that if the public body "by recorded vote of 2/3 of the members present . . . determine 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, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life." RSA 91-A:3, III.

Finally, the non-public meeting must be moved for and seconded during a public meeting, and the specific statutory authority for the non-public meeting must be set forth:

The Statute provides that "(n)o body or agency may enter nonpublic session, except by a motion properly made and seconded." RSA 91-A:3, I(a).

The Statute requires the motion to "state on its face the specific exemption under paragraph II which is relied upon as foundation for the nonpublic session." RSA 91-A:3, I(b).