New Hampshire Open Meetings Law: Government Transparency

New Hampshire's Right-to-Know Law, codified at RSA Chapter 91-A, governs public access to governmental proceedings and records. The open meetings provisions of RSA 91-A establish when public bodies must conduct business in open session, what procedures apply to lawful non-public sessions, and what remedies exist when violations occur. These rules apply across the full range of state and local governmental entities operating within New Hampshire's jurisdiction.

Definition and scope

RSA 91-A defines a "public body" as any legislative body, governing body, board, commission, committee, agency, or authority of the state or any political subdivision — including school boards, planning boards, zoning boards of adjustment, and selectmen boards (RSA 91-A:1-a). A "meeting" under the statute is any official gathering of a quorum of a public body to discuss or act on matters within the body's jurisdiction.

The law covers all 10 New Hampshire counties, all municipalities, and all state-level boards and commissions. It extends to New Hampshire school districts, municipal government structures, and bodies such as the New Hampshire Public Utilities Commission. Federal agencies, courts, and purely advisory bodies with no decision-making authority fall outside the statute's coverage. RSA 91-A does not govern federal Freedom of Information Act matters, which operate under a separate federal framework. For public records access (distinct from meeting attendance rights), see the companion statute addressed under New Hampshire Public Records Law.

How it works

All meetings of public bodies must be open to the public unless a specific statutory exception applies. Notice requirements are mandatory: public bodies must post notice of each regular meeting and each special meeting at least 24 hours in advance, identifying the time, location, and subject matter (RSA 91-A:2). Emergency meetings require only such notice as is reasonably possible.

Non-public sessions — commonly called "executive sessions" in other jurisdictions — are permitted only under the specific grounds enumerated in RSA 91-A:3, II:

  1. Personnel matters — discussion of the dismissal, promotion, compensation, or disciplinary action of a specific employee or appointee.
  2. Legal matters — consultation with legal counsel on pending or threatened litigation.
  3. Real estate — consideration of the acquisition or disposition of real property where public discussion would likely benefit the other party.
  4. Labor relations — collective bargaining strategy or contract negotiations.
  5. Security — matters where public disclosure would likely endanger persons or property.
  6. Sealed records — matters required by law to be kept confidential.

A non-public session requires a recorded roll-call vote to enter, and a subsequent roll-call vote to seal the minutes. Unsealed minutes of non-public sessions become public once the body determines that confidentiality is no longer necessary, or automatically after 5 years from the date of the meeting (RSA 91-A:3, III).

Common scenarios

Town and city government. Boards of selectmen, city councils, and planning boards constitute the most frequent context for RSA 91-A compliance issues. A board of selectmen in a town such as Concord or Dover must post meeting notices, allow public attendance, and refrain from deliberating on agenda items through serial private communications that would constitute a "meeting" without the required notice.

School boards. New Hampshire school districts operating under RSA 91-A must open budget deliberations, contract approvals, and policy decisions to public attendance. Personnel discussions about a specific superintendent or teacher are among the most commonly invoked grounds for non-public sessions under RSA 91-A:3, II(a).

Regional and planning commissions. Bodies such as the New Hampshire Regional Planning Commissions are subject to RSA 91-A when they exercise governmental functions, though purely advisory coordination functions may present edge cases on quorum definitions.

Electronic participation. RSA 91-A:2, III permits a member of a public body to participate in a meeting by electronic means, subject to conditions including that a quorum of the body must be physically present and that the electronic participation is audible to all attendees.

Decision boundaries

The most contested boundary under RSA 91-A involves the definition of a "meeting" when members communicate outside formal sessions. The New Hampshire Supreme Court has interpreted "deliberation" broadly: communications among a quorum of members that advance the body's decision-making process on a matter within its jurisdiction can constitute a meeting requiring notice and openness, even if conducted by email or telephone (Ettinger v. Town of Madison Planning Board, 162 N.H. 785 (2011)).

Open session vs. non-public session — The default is open session. The burden falls on the public body to identify a specific statutory ground before entering non-public session. A general desire for privacy or efficiency does not satisfy this burden.

Advisory committees vs. public bodies — A committee whose sole function is to make recommendations to a governing body, with no independent authority to act, may fall outside RSA 91-A's definition of a public body. However, if the parent body delegates actual decision-making authority, the committee is subject to the statute.

Minutes and records. All public meetings must be recorded in written minutes, which must be made available for public inspection within 144 hours of the meeting (RSA 91-A:2, II). The full scope of government transparency mechanisms across New Hampshire's executive, legislative, and judicial branches is documented on the /index.

Violations of RSA 91-A may result in a superior court order voiding any action taken in violation of the statute. Willful violations carry a civil penalty of $250 per offense, imposed by the superior court (RSA 91-A:8). Courts have discretion to void, affirm, or modify actions taken in unlawful non-public sessions based on equitable considerations.

References