New Hampshire
Department of Justice
February 8, 2007
ATTORNEY GENERAL'S
MEMORANDUM ON NEW HAMPSHIRE'S
RIGHT-TO-KNOW LAW, RSA CHAPTER 91-A

To the People of New Hampshire:

The public's right-to-know what their government is doing is a fundamental part of New Hampshire's democracy. For our government to remain of the people, by the people, and for the people, while protecting individuals' privacy, it is essential that the people have reasonable and open access to the information that will inform the people what their government is up to and how it is performing.

With the exception of the public business conducted at traditional annual town and school meetings, New Hampshire uses a representative form of democracy. The people's elected representatives set and carry out most public policy. New Hampshire's Constitution and the Right-to-Know Law ensure that the public has reasonable access to public meetings and public records that show what those elected representatives and the appointed public officials that carry out our laws are doing.

The people's right-to-know is embedded in our Constitution. When the current Constitution was adopted on June 2, 1784, the accountability to the people of the people's elected representatives and appointed public officials was established in Part 1, article 8, which read:

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.

Government, therefore, should be open, accessible, accountable and responsive. To that end, the public's right of access to governmental proceedings and records shall not be unreasonably restricted.

Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved.

As New Hampshire's Attorney General, I take an oath to uphold the Constitution and laws of our State. As part of my efforts to fulfill that duty I am proud to issue this updated Memorandum on New Hampshire's Right-to-Know Law, RSA Chapter 91-A. The purpose of this Memorandum is to provide a reference guide to the statute and to the judicial decisions that further define and explain the peoples' right-to-know. This edition includes general principles concerning the law, statutory changes since the last edition, and up-to-date judicial interpretations of the statute.

I urge every citizen, every school child, and every student of government to study the Right-to-Know Law. Truly understanding our representative form of democracy requires a sound understanding of your right-to-know about the public actions of your elected and appointed representatives. It also requires an understanding of how the law balances that right-to-know with your right to keep certain aspects of your interactions with government and certain personal information the government maintains about you private. Finally every person interested in government should understand the ease with which they may go to the Superior Court to seek enforcement of their rights under the Right-to-Know Law. This guide and the copy of RSA Chapter 91-A provided in the Appendix offers a firm foundation of understanding for this fundamental aspect of New Hampshire's democracy.

I strongly recommend that all public officials learn their responsibilities under the Right-to-Know Law. This guide should be kept easily accessible and referred to when you are faced with questions on the application of the law. When you are uncertain about the application of the law to a specific circumstance, State officials should consult my Office and municipal and county officials should consult with legal counsel.

I am making this Memorandum widely available to the public, the press, New Hampshire's schools, and state and local officials. It will also be posted on my Department's website.

As always, my Office stands ready to provide guidance in complying with RSA 91-A to state and local officials, the public and the media. While enforcement of the Right-to-Know Law is assigned to the Superior Court, my Office will continue to promote the public's understanding of the Right-to-Know Law and compliance with the Right-to-Know Law by public officials.

Very truly yours,

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