MAcciard said...
ARTICLE SUBMISSION, PLEASE:
NH's Right to Know law needs to be strengthened.
By: Mark Acciard
It has been my experience that NH largely "gets it right" when drafting laws. They usually strike the appropriate balance between protecting a State interest, and intrusive overreach. The problem usually lies with interpretation and enforcement. It is in this that the RTK law has issues.
First, The definitions of what is allowable in a non-public meeting need to be tightened up.
For example; RSA91-A:3,II. Lists the reasons that a body can go into a non-public session. One of the most abused is the legal discussion. This was intended to protect against the premature disclosure of legal maneuverings during a lawsuit, or land purchase or sale. It is currently used for anything remotely to do with a question to be asked of legal counsel. That is wrong.
Another abused portion of this law is the "personnel reason". This is supposed to be only for discussions evaluating new hires, discussing promotions or discipline. It is currently used for anything remotely to do with an employee, including citizen complaints, and the action, or lack thereof resulting from those complaints, this is more properly a matter of public disclosure.
Then you have the simple "request for information". This is supposed to be answered within 5 days, and a time frame given as to when the information will be produced. Yet Atkinson routinely places exorbitant charges upon the production of information, which purportedly are based upon the cost of; paper, ink, copier usage, employee time for getting material, copying it and refiling it. This makes it not only cost prohibitive to obtain information, but when the town refuses to produce it, the resident is forced to either forego the material requested, or file a petition for injunctive relief in Superior Court. Filing fee is $175.00 and it usually takes about 1 year out of your life to get to a hearing.
These conditions and procedures stand in contravention of NH Constitution Article 8, which states;
"Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted."
I believe a better system would be one in which if the Town or School District refuses you information which you believe you are entitled to, you ave the same right to file for Court Review of the disclosure of said material, HOWEVER, The filing fee would be waived until the review is decided. If the petitioner prevails and the municipality is forced to produce the material, they must pay the filing fee, and a fine at that time. If the municipality prevails, and the request was NOT subject to disclosure, then the petitioner must pay the filing fee.
Also other than the ACTUAL COST of producing a copy( and this does not include an employee's time unless there is some arcane research needed to find it) the Town must not make the requesting of information cost prohibitive to the public as that is merely an indirect restriction of rights.
I welcome any thoughts and discussion on this issue.
Thank you for your time.
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
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13 comments:
Our town government is woefully unreasonably restricted in matters of our citizens rights.
I do not have the knowledge to go up against all the RSA"s but I do know right from wrong.
From the ordinary man/woman of the everyday world we know when we are being snookered.
There is no transparancy to be found in too many departments.
You are only allowed to know what goes on if the powers that be decide you can.
All I want is some honesty and integrity form our elected officials. Isn't that what we all are looking for?
Take a good look at our empty town hall. There is no reason for anyone to go there any more.
We should all get together and file the suit and split the cost.
I have requested some simple paperwork that is available and they won't give it to me.
91-A:7 Violation. – Any person aggrieved by a violation of this chapter may petition the superior court for injunctive relief. In order to satisfy the purposes of this chapter, the courts shall give proceedings under this chapter high priority on the court calendar. Such a petitioner may appear with or without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of this chapter, and may be filed by the petitioner or his or her counsel with the clerk of court or any justice thereof. Thereupon the clerk of court or any justice shall order service by copy of the petition on the person or persons charged. When any justice shall find that time probably is of the essence, he or she may order notice by any reasonable means, and he or she shall have authority to issue an order ex parte when he or she shall reasonably deem such an order necessary to insure compliance with the provisions of this chapter.
91-A:7 Violation. – Any person aggrieved by a violation of this chapter may petition the superior court for injunctive relief. In order to satisfy the purposes of this chapter, the courts shall give proceedings under this chapter high priority on the court calendar. Such a petitioner may appear with or without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of this chapter, and may be filed by the petitioner or his or her counsel with the clerk of court or any justice thereof. Thereupon the clerk of court or any justice shall order service by copy of the petition on the person or persons charged. When any justice shall find that time probably is of the essence, he or she may order notice by any reasonable means, and he or she shall have authority to issue an order ex parte when he or she shall reasonably deem such an order necessary to insure compliance with the provisions of this chapter.
91-A:8 Remedies. –
I. If any public body or agency or employee or member thereof, in violation of the provisions of this chapter, refuses to provide a governmental record or refuses access to a governmental proceeding to a person who reasonably requests the same, such public body, public agency, or person shall be liable 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 make the information available or the proceeding open to the public. 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 a violation of this chapter or where the parties, by agreement, provide that no such fees shall be paid. In any case where fees are awarded under this chapter, upon a finding that an officer, employee, or other official of a public body or agency has acted in bad faith in refusing to allow access to a governmental proceeding or to provide a governmental record, the court may award such fees personally against such officer, employee, or other official.
Government today is just a popularity convention with a free hand to screw the "unwashed" masses under the disguise of law. Sooner or later things change. In most cases that makes history. Read it .
I say, lets make all kinds of reasonable requests and if we don't get everything, take them to court.
It would put an end to this problem.
If they give up the RTK docs they hold up now, well, to get them it will take a court order to obey the laws of this state.
It always takes a court case to get Atkinson incompetants to pay attention.
Eventually the insurace company is going to get tired and angry and dump Atkinson for too many lawsuits. Then Atkinson gets blacklisted by the other insurance companies as a bad risk.
Incomptence or corruption generates court cases. You must like them, town of Atkinson. Keep stepping in the S..T
See what happens.
Mark,
WELL SAID!!! Your posting is well-written, well-reasoned, and very appropriate and timely.
It is very true that the selectmen's office makes it deliberately and exorbitantly expensive to request copies of information/documents that citizens have a legal right to have under the Right to Know Law.
Town Hall is not supposed to charge more than the actual cost of production of a copy -- the cost of the ink and paper.
It is rediculous to use as an excuse to financially rip-off citizens by claiming that they also have to pay for the clerk/secretary, TA's time to make the copies, since those public servants are ALREADY pay by their existing salaries -- for which purpose is to serve the townspeople.
Town officials only make it expensive and difficult to obtain RTK information when they have something to hide or are trying to avoid accountability.
Your idea of the court not assessing filing fees until the results of the case is known is excellent. There should be no financial burden on any citizen when they prevail in court against town officials acting wrongfully.
What is even more insulting to Atkinson's citizenry is the fact that town officials use our tax money to defend themselves for their wrongful behavior.
Bravo to you, Mark, for saying what needed to be said!! You deserve the thanks and respect of all of Atkinson's citizens.
We need to take it a step further and draw up a court case and put an end to this, once and for all.
Not to change the subject but I heard Frank Polito was named the Atkinson Citizen of the Year by the Lions club. I bet you can guess who heads up the committee that selected such Atkinson greats as Fred Childs for the award. Dat's right our buddy Phil Consentino.
I bet everyone blogger is going to the party at the Community Center to honor Frank's crimes and his contributions to RSA 91-A.
I heard that Phil alone gets to decide who gets this award. Chief's fault!
I'm glad Phil is using the Lions Club to rehabilitate Frank's tarnished image. Such a good use of a charitable organization like the Lions. I hope Lion membership likes their organization's name being used to help Frank politically.
The comedy goes on and on. Thank you Phil & Frank for the humorous adventures of our town politico hacks. You guys crack me up! Any volunteers left at the town hall?
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