What a New Hampshire meeting notice must say, and when to post it
Short answer
For every meeting, including a nonpublic session, a New Hampshire board posts notice of the time and place in two appropriate places, one of which may be its website, or prints it in a newspaper of general circulation in the town, at least 24 hours before, not counting Sundays and legal holidays. The Right-to-Know Law requires no agenda. In an emergency, notice goes up as soon as practicable. Some land use business needs longer notice under other laws.(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 notice say?
The time and place of the meeting. The Right-to-Know Law asks for nothing more in the notice itself, and it does not require an agenda:
Statute text
“a notice of the time and place of each such meeting, including a nonpublic session, shall be posted”
A nonpublic session needs the same notice as any other meeting. For what counts as a meeting in the first place, see the what counts as a meeting guide; for a meeting where a member joins remotely, see the remote participation guide.
Does a New Hampshire notice need an agenda?
Not under the Right-to-Know Law, which asks the notice for the time and place only (RSA 91-A:2, II). A board may still list its topics, and if the town charter, or the board's own guidelines or rules of order, require broader public access to meetings than the Right-to-Know Law, those take precedence (RSA 91-A:2, II).
Other laws add their own notice for some business, with longer lead times set in those laws. A planning board notifies the applicant and abutters by verified mail, and the public, before an application is submitted, with a general description of the proposal (RSA 676:4, I(d)). A zoning board of adjustment gives notice of an appeal hearing by verified mail and in a newspaper (RSA 676:7, I). This guide covers the Right-to-Know Law notice only.
Where does the notice have to go?
Two appropriate places, or a newspaper:
Statute text
“shall be posted in 2 appropriate places one of which may be the public body's Internet website, if such exists, or shall be printed in a newspaper of general circulation in the city or town”
So, for every meeting, one of these:
- Posted in two appropriate places. The board's website may be one of the two.
- Printed in a newspaper of general circulation in the town.
If the board does not post its notices on its website, the website must say where they are posted (RSA 91-A:2, II-b).
How far ahead do we have to post it?
At least 24 hours before the meeting, not counting Sundays and legal holidays:
Statute text
“at least 24 hours, excluding Sundays and legal holidays, prior to such meetings”
Saturday hours count, because the law leaves out only Sundays and legal holidays. For example, in a week with no legal holidays, notice for a Monday 7 p.m. meeting must be up by 7 p.m. the Saturday before, because Sunday's hours do not count.
Which days are legal holidays? They are listed 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.”
When one of these falls on a Sunday, the Monday after it is the holiday (RSA 288:1, 288:2).
When in doubt, post earlier. Nothing in the law stops a board from giving more notice than the minimum.
What about an emergency meeting?
The 24-hour minimum does not apply, but the chair still posts a notice:
Statute text
“An emergency shall mean a situation where immediate undelayed action is deemed to be imperative by the chairman or presiding officer of the public body, who shall post a notice of the time and place of such meeting as soon as practicable, and shall employ whatever further means are reasonably available to inform the public that a meeting is to be held.”
The minutes of an emergency meeting clearly spell out the need for it (RSA 91-A:2, II).
Checklist for each meeting
- Notice gives the meeting's time and place.
- Posted in two appropriate places (the board's website may be one), or printed in a newspaper of general circulation in the town.
- Posted at least 24 hours before the meeting, not counting Sundays and legal holidays; earlier when in doubt.
- A nonpublic session is noticed like any other meeting.
- If notices are not on the board's website, the website says where they are posted.
- In an emergency: the chair posts notice as soon as practicable and uses whatever further means are reasonably available.
What the law does not settle
These are questions to take to your town counsel; this guide does not answer them.
- Which places count as appropriate for a particular board.
- What counts as an emergency for a particular board.
How Clarivis helps
Clarivis is software that helps a board follow these steps; it does not post the notice or send it to a newspaper for you.
- Counts the deadline for each meeting's notice, skipping Sundays and New Hampshire legal holidays.
- Prints the notice as a document with the town's details.
- Records the posting. After the notice is posted or printed, you record it, and the meeting shows that step as done.
Related guides
- 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
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