CHAPTER 91-A ACCESS TO PUBLIC RECORDS AND MEETINGS
Section 91-A:4
91-A:4 Minutes and Records
Available for Public Inspection. – I. Every
citizen during the regular or business hours of all such bodies or agencies, and
on the regular business premises of such bodies or agencies, has the right to
inspect all public records, including minutes of meetings of the bodies or
agencies, and to make memoranda, abstracts, and photographic or photostatic
copies of the records or minutes so inspected, except as otherwise prohibited by
statute or RSA 91-A:5.
I-a. Records of any payment made
to an employee of any public body or agency listed in RSA 91-A:1-a, I(a)-(d), or
to the employee's agent or designee, upon the resignation, discharge, or
retirement of the employee, paid in addition to regular salary and accrued
vacation, sick, or other leave, shall immediately be made available without
alteration for public inspection. All records of payments shall be available for
public inspection notwithstanding that the matter may have been considered or
acted upon in nonpublic session pursuant to RSA 91-A:3.
II. After the completion of a meeting of such bodies or agencies, every
citizen,
during the regular or business hours of all such bodies or agencies, and on the
regular business premises of such bodies or agencies, has the right to inspect
all notes, materials, tapes or other sources used for compiling the minutes of
such meetings, and to make memoranda, abstracts, photographic or photostatic
copies, or tape record such notes, materials, tapes or sources inspected, except
as otherwise prohibited by statute or RSA 91-A:5.
III.
Each body or agency shall keep and maintain all public records in its custody at
its regular office or place of business in an accessible place and, if there is
no such office or place of business, the public records pertaining to such body
or agency shall be kept in an office of the political subdivision in which such
body or agency is located or, in the case of a state agency, in an office
designated by the secretary of state.
IV. Each public
body or agency shall, upon request for any public record reasonably described,
make available for inspection and copying any such public record within its
files when such records are immediately available for such release. If a public
body or agency is unable to make a public record available for immediate
inspection and copying, it shall, within 5 business days of request, make such
record available, deny the request in writing with
reasons, or furnish written
acknowledgment of the receipt of the request and a statement of the time
reasonably necessary to determine whether the request shall be granted or
denied. If a photocopying machine or other device maintained for use by a body
or agency is used by the body or agency to copy the public record or document
requested, the person requesting the copy may be charged the actual cost of
providing the copy, which cost may be collected by the body or agency. Nothing
in this section shall exempt any person from paying fees otherwise established
by law for obtaining copies of public records or documents, but if such fee is
established for the copy, no additional costs or fees shall be charged.
V. In the same manner as set forth in RSA 91-A:4, IV, any
body or agency which maintains its records in a computer storage system may, in
lieu of providing original documents, provide a printout of any record
reasonably described and which the agency has the capacity to produce in a
manner that does not reveal information which is confidential under this chapter
or any other law. Access to work papers, personnel data and other confidential
information under RSA 91-A:5, IV shall not be provided.
VI. Every agreement to settle a lawsuit against a governmental unit, threatened
lawsuit, or other claim, entered into by any political subdivision or its
insurer, shall be kept on file at the municipal clerk's office and made
available for public inspection for a period of no less than 10 years
from the
date of settlement.