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  2. Board Of Aldermen - Agenda - 9/14/2021 - P52

Board Of Aldermen - Agenda - 9/14/2021 - P52

By dnadmin on Mon, 11/07/2022 - 07:09
Document Date
Fri, 09/10/2021 - 16:46
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/14/2021 - 00:00
Page Number
52
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__091420…

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.

Page Image
Board Of Aldermen - Agenda - 9/14/2021 - P52

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