The New Hampshire Right-to-Know Law: what every meeting needs
Every local board in New Hampshire, from the board of selectmen to an advisory committee, follows the same law: a notice of the time and place posted or printed before each meeting, minutes open to the public soon after it, and a closed list of matters that may be taken up in nonpublic session.
Clarivis is software that helps a board follow these steps: it counts the deadline for each meeting's notice, shows the minutes deadline for each meeting and drafts the minutes for your board to correct and approve; it does not post the notice or send it to a newspaper for you.
Request a pilotChecklist, stage by stage
What the law asks at each point in a meeting’s life. Each stage links to the full guide, with the statute quoted.
Is it a meeting?
- A quorum of a public body (including a subcommittee or advisory committee) that convenes in person, by phone or electronically, so that all can communicate at the same time, to discuss or act on its business is holding a meeting. A chance or social encounter not arranged for that purpose is not, if no decisions are made. (RSA 91-A:2, I)
Before each meeting
- A notice gives the time and place of the meeting. The Right-to-Know Law does not require an agenda. (RSA 91-A:2, II)
- The notice is posted in two appropriate places, one of which may be the board's website, or printed in a newspaper of general circulation in the town. (RSA 91-A:2, II)
- It is up at least 24 hours before the meeting, not counting Sundays and legal holidays. Saturday hours count. (RSA 91-A:2, II, RSA 288:1, 288:2)
- A nonpublic session gets the same notice. (RSA 91-A:2, II)
- If notices are not posted on the board's website, the website says where they are posted. (RSA 91-A:2, II-b)
At the meeting
- The meeting is open to the public, and anyone may record it. (RSA 91-A:2, II)
- A nonpublic session is entered only for a matter the law lists, on a seconded motion that names the specific exemption, with a majority of the members present voting yes on a roll call. (RSA 91-A:3)
Members joining by phone or video
- When a member takes part remotely, a quorum is physically present at the place named in the notice, except in an emergency, and every vote is by roll call. (RSA 91-A:2, III)
After the meeting
- Minutes give the names of members and of persons appearing before the board, a brief description of the subjects discussed and the final decisions, the start and end time, and the name of the person who produced them. (RSA 91-A:2, II)
- Minutes are open to public inspection not more than 5 business days after the meeting: Monday to Friday, not national or state holidays. (RSA 91-A:2, II)
- If the board has a website, its approved minutes are posted there, or the website says where they can be reviewed. (RSA 91-A:2, II-b)
- Nonpublic session minutes and decisions are made public within 72 hours, unless two-thirds of the members present, voting in open session, find that releasing them would likely harm the reputation of someone other than a member, make the proposed action ineffective, or concern terrorism. (RSA 91-A:3, III-IV)
New Hampshire guides
- What a New Hampshire meeting notice must say, and when to post itTime and place, two places or a newspaper, the 24-hour count, emergencies
- New Hampshire meeting minutes: what they must include and when they must be open to the publicWhat minutes record, open to the public within 5 business days
- Nonpublic sessions in New Hampshire: when a board can meet in private, and what followsThe matters allowed, the motion and roll call, the minutes within 72 hours
- What counts as a meeting in New Hampshire: quorum, social contact and emailQuorum, chance and social contact, what is left out, and email
- Remote participation in New Hampshire meetings: when a member may join by phone or videoA quorum in the room, a reason in the minutes, roll-call votes