New Hampshire meeting minutes: what they must include and when they must be open to the public
Short answer
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. They are promptly recorded and 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)
Where this fits in your meeting cycle: 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.
See how Clarivis helpsQuestions on this page
What must the minutes include?
Statute text
“Minutes of all such meetings, including nonpublic sessions, shall include the names of members, persons appearing before the public bodies, a brief description of the subject matter discussed and final decisions, the start time and end time of the meeting, and name of the person who produced the minutes.”
In plain terms, for every meeting:
- Who was there: the members, and every person who appeared before the board, by name.
- What was discussed: a brief description of each subject. A summary, not a transcript, is what the law asks for.
- What was decided: the final decisions, with the names of the members who made or seconded each motion.
- When: the time the meeting started and the time it ended.
- Who wrote them: the name of the person who produced the minutes.
The names of the members who made or seconded each motion are a separate requirement of the same paragraph (RSA 91-A:2, II).
A member who believes a discussion violates the law may object and, if the board continues, have the objection recorded in the minutes (RSA 91-A:2, II-a). When a member takes part remotely, the minutes say why attending in person was not reasonably practical (RSA 91-A:2, III); see the remote participation guide.
When must minutes be open to the public?
Soon after the meeting, whether or not the board has approved them yet:
Statute text
“minutes shall be promptly recorded and open to public inspection not more than 5 business days after the meeting”
The deadline runs from the meeting, and the law does not require minutes to be approved before they are open to inspection. A board that approves its minutes at a later meeting makes them available first.
The day of the meeting is not counted:
Statute text
“when a period or limit of time is to be reckoned from a day or date, that day or date shall be excluded”
For example, minutes of a Monday meeting, in a week with no holidays, must be open to inspection by the following Monday.
What counts as a business day?
The law defines it for this deadline: the hours of 8 a.m. to 5 p.m., Monday to Friday, not counting national and state holidays (RSA 91-A:2, II). Saturdays and Sundays never count.
State holidays are the legal holidays in RSA 288:1, 288:2:
Statute text
“January 1; the third Monday in January, known as Martin Luther King, Jr. Civil Rights Day; the third Monday in February, known as Washington's Birthday; the last Monday in May, known as Memorial Day or, on a date to coincide with the federal observance if it is held on a different day; July 4, known as Independence Day; the first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; the day on which the biennial election is held; November 11, known as Veterans Day; Thanksgiving Day, whenever appointed; and Christmas Day are legal holidays.”
National holidays are not listed in the law. Read plainly, they are the federal legal public holidays in 5 U.S.C. 6103(a), which add a holiday the state list does not have: Juneteenth (June 19). So when Juneteenth falls on a weekday, it is not a business day.
Do minutes have to go on the town website?
If the board has a website, yes, once approved, or the website says where they can be found:
Statute text
“If a public body maintains an Internet website or contracts with a third party to maintain an Internet website on its behalf, it shall either post its approved minutes in a consistent and reasonably accessible location on the website or post and maintain a notice on the website stating where the minutes may be reviewed and copies requested.”
Are minutes filed with a state office?
No. The Right-to-Know Law has no requirement for a local board to file its minutes with a state office (RSA ch. 91-A). The board records them, makes them open to inspection and keeps them.
How long are minutes kept?
Permanently. A recording of the meeting is kept until the written minutes are approved:
Statute text
“LXXX. Meeting minutes, tape recordings: keep until written record is approved at meeting. As soon as minutes are approved, either reuse the tape or dispose of the tape. LXXXI. Minutes of boards and committees: permanently.”
What about nonpublic session minutes?
They are kept like any others, with the same contents, and each member's vote is recorded (RSA 91-A:3). They are made public within 72 hours unless the board votes to withhold them:
Statute text
“Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present taken in public session, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism”
See the nonpublic session guide.
Checklist after each meeting
- Minutes name the members and every person who appeared before the board.
- Each subject has a brief description, with the final decisions and who made or seconded each motion. (RSA 91-A:2, II)
- Start and end time are recorded.
- The person who produced the minutes is named.
- Open to public inspection not more than 5 business days after the meeting, approved or not.
- Approved minutes posted on the board's website, or the website says where to find them.
- Nonpublic session minutes made public within 72 hours, unless two-thirds of the members present, voting in open session, found that releasing them would likely harm the reputation of someone other than a member, make the proposed action ineffective, or concern terrorism.
What the law does not settle
These are questions to take to your town counsel; this guide does not answer them.
- How much detail a brief description of the subject matter needs.
- Whether the rule on tape recordings reaches a digital recording, or a copy kept by a vendor.
- Whether a national holiday that falls on a weekend moves to the Friday before or the Monday after, as it does for federal employees' pay and leave (5 U.S.C. 6103(b)). Clarivis keeps each national holiday on its own date, which gives the earlier deadline.
How Clarivis helps
Clarivis drafts; people decide. Your board reviews, corrects and approves the minutes.
- Records and transcribes the meeting, then drafts minutes from the transcript for your Committee Admin or Editor to read, correct and approve.
- Tracks the minutes deadline for each meeting, counting business days and leaving out state and national holidays.
- Records the approval when your board approves the minutes, so the meeting shows them as approved.
Related 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
- 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
This guide for other states
Sources
- RSA 91-A:2, meetings open to the public (Right-to-Know Law): gc.nh.gov/rsa/html/VI/91-A/91-A-mrg.htm
- RSA 288:1 and 288:2, legal holidays: gc.nh.gov/rsa/html/XXV/288/288-mrg.htm
- RSA 21:35, computing a period of time: gc.nh.gov/rsa/html/I/21/21-mrg.htm
- RSA 33-A:3-a, municipal records retention: gc.nh.gov/rsa/html/III/33-A/33-A-mrg.htm