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CHAPTER 91-A
ACCESS TO GOVERNMENTAL RECORDS AND
MEETINGS

http://www.gencourt.state.nh.us/rsa/htm!/V1/91-A/91-A-
mrg.htm

91-A:1 Preamble. — Openness in the conduct of public business is essential to a
democratic society. The purpose of this chapter is to ensure both the greatest possible public
access to the actions, discussions and records of all public bodies, and their accountability to the
peopie.

91-A:1-a Definitions. ~

In this chapter: [.. . ]

I. "Governmental proceedings" means the transaction of any functions affecting any or all

citizens of the state by a public body.

Ill. “Governmental records" means any information created, accepted, or obtained by, or on

behalf of, any public body, or a quorum or majority thereof, or any public agency in furtherance

of its official function. Without limiting the foregoing, the term "governmental records" includes

any written communication or other information, whether in paper, electronic, or other physical

form, received by a quorum or majority of a public body in furtherance of its official function,

whether at a meeting or outside a meeting of the body. The term "governmental records” shall

also include the term "public records."

IV. "Information" means knowledge, opinions, facts, or data of any kind and in whatever

physical form kept or maintained, including, but not limited to, written, aural, visual, electronic,

or other physical form.

V. "Public agency" means any agency, authority, department, or office of the state or of any

county, town, municipal corporation, school district, school administrative unit, chartered public

school, or other political subdivision.

VI. "Public body" means any of the following: [.. . ]
(d) Any legislative body, governing body, board, commission, committee, agency, or
authority of any county, town, municipal corporation, school district, school
administrative unit, chartered public school, or other political subdivision, or any
committee, subcommittee, or subordinate body thereof, or advisory committee thereto.
(e) Any corporation that has as its sole member the state of New Hampshire, any county,
town, municipal corporation, school district, school administrative unit, village district, or
other political subdivision, and that is determined by the Internal Revenue Service to be a
tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code.

91-A:4 Minutes and Records Available for Public Inspection. —

I. Every citizen during the regular or business hours of all public bodies or agencies, and on the

regular business premises of such public bodies or agencies, has the right to inspect all

governmental records in the possession, custody, or control of such public bodies or agencies,
including minutes of meetings of the public bodies, and to copy and make memoranda or
abstracts of the records or minutes so inspected, except as otherwise prohibited by statute or RSA

91-A:5. In this section, "to copy” means the reproduction of original records by whatever

method, including but not limited to photography, photostatic copy, printing, or electronic or

tape recording. [... ]

I}]-a. Governmental records created or maintained in electronic form shall be kept and

maintained for the same retention or archival periods as their paper counterparts. |... ]

III-b. A governmental record in electronic form shall no longer be subject to disclosure pursuant

to this section after it has been initially and legally deleted. For purposes of this paragraph, a

record in electronic form shall be considered to have been deleted only if it is no longer readily

accessible to the public body or agency itself. The mere transfer of an electronic record to a

readily accessible "deleted items" folder or similar location on a computer shall not constitute

deletion of the record.

IV. = (a) Each public body or agency shali, upon request for any governmental record
reasonably described, make available for inspection and copying any such governmental
record within its files when such records are immediately available for such release.

(b) If a public body or agency is unable to make a governmental record available for
immediate inspection and copying the public body or agency shall, within 5 business
days of a request:

(1) Make such record available;

(2) Deny the request; or

(3) Provide a written statement of the time reasonably necessary to determine

whether the request shall be granted or denied and the reason for the delay.
(c) A public body or agency denying, in whole or part, inspection or copying of any
record shall provide a written statement of the specific exemption authorizing the
withholding of the record and a brief explanation of how the exemption applies to the
record withheld.
(d) If a computer, photocopying machine, or other device maintained for use by a public
body or agency is used by the public body or agency to copy the governmental record
requested, the person requesting the copy may be charged the actual cost of providing the
copy, which cost may be collected by the public body or agency. No cost or fee shall be
charged for the inspection or delivery, without copying, of governmental records,
whether in paper, electronic, or other form. [.. . ]

V. In the same manner as set forth in RSA 91-A;:4, IV, any public body or agency which

maintains governmental records in electronic format may, in lieu of providing original records,

copy governmental records requested to electronic media using standard or common file formats
in a manner that does not reveal information which is confidential under this chapter or any other
law. If copying to electronic media is not reasonably practicable, or if the person or entity
requesting access requests a different method, the public body or agency may provide a printout
of governmental records requested, or may use any other means reasonably calculated to comply
with the request ... Access to work papers, personnel data, and other confidential information
under RSA 91-A:5, IV shall not be provided.

VI. Every agreement to setile 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.

VII. Nothing in this chapter shall be construed to require a public body or agency to compile,
cross-reference, or assemble information into a form in which it is not already kept or reported

by that body or agency.

91-A:5 Exemptions. —

The following governmental records are exempted from the provisions of this chapter: [.. . ]
III. Personal school records of pupils, including the name of the parent or legal guardian and any
specific reasons disclosed to school officials for the objection to the assessment under RSA 193-
C:6.

IV. Records pertaining to internal personnel practices; confidential, commercial, or financial
information; test questions, scoring keys, and other examination data used to administer a
licensing examination, examination for employment, or academic examinations; and personnel,
medical, welfare, library user, videotape sale or rental, and other files whose disclosure would
constitute invasion of privacy. Without otherwise compromising the confidentiality of the files,
nothing in this paragraph shall prohibit a public body or agency from releasing information
relative to health or safety from investigative files on a limited basis to persons whose health or
safety may be affected.

V. Teacher certification records in the department of education, provided that the department
shall make available teacher certification status information.

VIL. Records pertaining to matters relating to the preparation for and the carrying out of all
emergency functions, including training to carry out such 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.

VII. Unique pupil identification information collected in accordance with RSA 193-E:5.

VOI. Any notes or other materials made for personal use that do not have an official purpose,
including but not limited to, notes and materials made prior to, during, or after a governmental
proceeding.

IX. Preliminary drafts, notes, and memoranda and other documents not in their final form and
not disclosed, circulated, or available to a quorum or a majority of the members of a public body.
X. Video and audio recordings made by a law enforcement officer using a body-worn camera
pursuant to RSA 105-D except where such recordings depict any of the following: [see statute
for complete list of exemptions]

XI. Records pertaining to information technology systems, including cyber security plans,
vulnerability testing and assessments materials, detailed network diagrams, or other materials,
the release of which would make public security details that would aid an attempted security
breach or circumvention of law as to the items assessed.

91-A:7 Violation. —

Any person aggrieved by a violation of this chapter may petition the superior court for injunctive
relief.

91-A:8 Remedies. —

I, If any public body or public agency or officer, employee, or other official thereof, violates any
provisions of this chapter, such public body or public agency shall be liabie for reasonable
attorney's fees and costs incurred in a lawsuit under this chapter, provided that the court finds
that such lawsuit was necessary in order to enforce compliance with the provisions of this
chapter or to address a purposeful violation of this chapter. Fees shall not be awarded unless the
court finds that the public body, public agency, or person knew or should have known that the
conduct engaged in was in violation of this chapter [... ]

II. The court may award attorney's fees to a public body or public agency or employee or
member thereof, for having to defend against a lawsuit under the provisions of this chapter, when

the court finds that the lawsuit is in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.
[...]

IV. If the court finds that an officer, employee, or other official of a public body or public
agency has violated any provision of this chapter in bad faith, the court shall impose against such

person a civil penalty of not less than $250 and not more than $2,000. Upon such finding, such

person or persons may also be required to reimburse the public body or public agency for any

attomey's fees or costs it paid pursuant to paragraph I. [... ]

V. The court may also enjoin future violations of this chapter, and may require any officer,
employee, or other official of a public body or public agency found to have violated the
provisions of this chapter to undergo appropnate remedial training, at such person or person's

expense.

91-A:9 Destruction of Certain Information Prohibited. —
A person is guilty of a misdemeanor who knowingly destroys any information with the purpose

to prevent such information from being inspected or disclosed in response to a request under this
chapter. If a request for inspection is denied on the grounds that the information is exempt under

this chapter, the requested material shall be preserved for 90 days or while any lawsuit pursuant
to RSA 91-A:7-8 is pending.

Fred S. Teeboom
24 Cheyenne Drive
Nashua, NH 03063

(603) 889-2316

fredtee@comcast.net
August 24, 2021

Nashua Board of Aldermen

Copy: Mayor Donchess
City Attorney Steve Bolton

Subject: Unacceptable restriction and aldermanic participation during Public Hearings.
President Wilshire and Members of the Board:

On 23 August Public Hearings were held on three resolutions (R-21-158, -160 and -162) before
the Budget Review Committee.

I want to point out some very annoying practices having crept into Public Hearings, none
ordained by iocal and state statute.

1. The committee, through its clerk, instructed members of the public to hold their comments to
3 minutes,

Possibly the committee confused the Public Hearing with the 3-minute restriction on public
comment before the board and its committees, but no such arbitrary restriction is set for
Public Hearings under local and state statute.

In particular, see NRO § 5-28, D Public Hearings:

The public hearing shall not be limited in duration ..... but the chair may set or extend
time limits for each member of the public speaking, subject to motion and affirmative
vote by members of the board or committee holding the hearing.

The point of Public Hearings, set by state statute, is to hear from the public, not from
aldermen, and fo give the subject ample reflection by the public before the aldermen
commence debate in their board and commitiees.

2. During the Public Hearing, following presentation and prior to public comment, it has become
customary for aldermen to ask questions. The purpose of the Public Hearing is to hear from
the public, and allow for questions from the public, not hear from aldermen. There is
unrestricted opportunity for aldermen to discuss the subject of the public hearing and ask
questions during its scheduled board and committee meetings.

In particular, see NRO § 5-28, B Public Hearings:

Following the presentation set forth in Subsection A, the chair shall recognize members
of the public to testify in favor, followed by members of the public opposed and shall allow
an opportunity for rebuttal by members of the public.

Page ] of 2

The point of public hearings, set by state statute, is to hear from the public, not hear from
aldermen, and to give the subject of the Public Hearing adequate reflection by the public before
the aldermen commence debate and vote in their board and committees.

I expect the President of the Board of Aldermen and the Chairman of the Budget Review Committee
to admonish its members to adhere to the intent of the Public Hearings and follow the procedures set

forth in NRO 5-28.
Sued §. Seebaam

Fred S. Teeboom
Former alderman-at-large

Page 2 of 2

(USE DEPT OR OFFICE LETTERHEAD]

January 20, 2021

Requester Contact
And Address info
If known

Via email only to address:email com
RE: RTK request received March 11, 2021
Dear XX,

The City is in receipt of your request dated March 11, 2021, under NH RSA 91-A, the “Right-to-
Know” law.

Your request stated in part:
Insert request language here

Response to A (or 1 etc.): In responding to a request for governmental records, RSA 91-A
does not require the City ta compile, cross-reference, or assembie information into a form in
which it is not already kept or reported. (RSA 91-A:4, VID). The information you have requested
is not present in an existing governmental record. However, you are free to amend your request.
OR However, in the spirit of. cooperation, the City provides the following information

(use only if appropriate)
However, in the spint of cooperation, the City provides the following information:

Your request does not reasonably describe governmental records sufficient to enable a
knowledgeable employee to locate the records with a reasonable amount of effort. For example:
XX. However, you are free to amend your request. OR However, in the spirit of cooperation, the

City provides the following information:

The XX: Department (or division, or specific person, etc.) will conduct a reasonable search
(based ‘upon: your.request) (based upon the City’s reasonable interpretation of your request) (for
records matching your request). Once assembled, the pertinent records will need to be reviewed
for redaction of any statutorily protected information. Due to prior Right-to-Know requests, as
well as XX Department and general City obligations and deadtines, this request will take some
time. Please expect a response or update no later than March 12, 2021.

[fa final response or delivery of documents just put this in the past tense (e.g: The ¥X
departinent conducted a reasonable search for the pertment records. They are attached in
sausfaction of your request}

ee: File #2021-XXX

indicate a quotation.

) Commented (NJ2): If you quote less than the whole
_thing, and the “in part” -

* Commented [NJ3): indent a half inch on either side to

* Commented [NJ4]: If you have no idea what they are

asking, feel free to just tell them they are free to amend

their request.

If you have some idea, teil them BROADLY in goad faith how
_ you are going te search for the records you

Commented [NJ1}: There is a different between date of
receipt and date of sending. It is useful to note this to show
that we responded within 5 days of receipt of

' Commented [NJ5): it will be helpful to legal in
subsequent litigation if the number has a prefix unique to

your department. Like 2021-CC001 for the City Clerk's

| office.

Graham, Donna
eee reece rere rere renee eee ee ener erence cece A,

From: Laurie Ortolano

Sent: Monday, August 30, 2021 6:29 PM
To: Graham, Donna

Subject: Board of Aldermen Packet

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

Donna,

please submit that as public communication for the next board packet.

Mayor Donchess is chartered to select Corporation Council for the City to serve at his pleasure but
this should not prevent Aldermen from weighing in on the ethics and fiscal abuses occurring in the
legal office.

Aldermen have been all too silent on suspect collaboration between the Mayor and the jegal
office. The battles the Mayor and Corporation City Council Bolton have chosen to take on against
citizens and elected officials are wasteful, irresponsible, unethical, and financially unaccountable.

The Nashua legal office should not have blatant, unrestrained spending ability in order to escalate
legal matters into costly litigation. This is what has happened. The Board genuflects to Bolton and
tippy toes around his caustic inflammatory personality hoping not to be the next victim of his
verbal abuse.

Bolton and Donchess are thin-skinned, short tempered, and personalize issues setting up
vendettas and creating a toxic work environment for all city employees. Their bruised egos open
the door to litigation at any cost. Who cares, the taxpayer’s foot the bill!

Bolton, as an officer of the court, is all too comfortable misrepresenting information to the Board,
the public, and police agencies. A Corporation Council should not have the ability to pick and
choose what Aldermen or Commissioners he is willing to serve. Aldermen Lu and Commissioner
Pappas should be able to freely seek legal counsel in order to perform their duties when
representing their Ward and City. An entire Ward is ignored because of the strikingly juvenile
antics of a 70 year old Corporation Council who acts like a thwarted child.

The Board sits silently in meetings when the Mayor and Bolton attack seated Alderwoman,
Elizabeth Lu. No decorum rules apply for those members. Ms. Kelly, the only At-large Aldermen
running again, sits quietly as meetings are hijacked by these leaders’ temperaments. Our Board of
Aldermen, which serves as our legislative branch, is failing us at every turn. Rather than serving
the citizens, they have become the Mayor’s posse.

1

Women who vocalize disagreement and question the Mayor or Bolton, even those elected
officials who deserve the respect of the chamber, are attacked, demeaned and verbally abused.
Why would we trust this Mayor to nominate women to the Police Commission when he shows no
respect for the opinions of women who were elected to serve their citizens? This simply smacks of
hypocrisy.

This City is run and directed by 5 attorneys, including a Mayor who is also an attorney, which
sheds some light on why it has become so screwed-up. While officers of the Court, at the same
time, they are masters of deception and misrepresentation. They all seem too comfortable
making it up as they go.

In 2016, City Hall had 2 Corporation attorneys who focused on municipal law and performed the
citizens business. Now in 2021, this top heavy legal office seems to have forgotten their duties to
the citizens and are focused on those of the Mayor. Bolton is the Mayor’s “Roy Cohn.” Let’s bring
back fiscal control to the City. Let’s start with reigning in this Legal Office. This will prevent citizens
and elected officials from being financially harmed, litigated, arrested, and verbally attacked, all
financed by their tax dollars.

Laurie Ortolano
41 Berkeley St.
Nashua, NH 03064

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: August 25, 2021

Re: Multi-Year Contract Award — Transit Security Monitoring

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated’ nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the
City.

The Finance Committee has approved and placed_on file the notification of the award of the
referenced contract at the September 1, 2021 meeting and as such | am.requesting the full Board of
Alderman approve the following contract:

Item: Security Monitoring for. Transit Center, Transit Administration and
Transit Garage Buildings
Value: 51,440 per year for a 5 year term to total $7,200
Vendor: Johnson Controls
Purchasing Memo#: 22-162 dated August 25, 2021
Contract Term: 5 years
Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www.NashuaNH.gov