HomeMy Public PortalAboutADM-113_Right To Know Policy_Effective 04-15-2020
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 1 of 8
Approved by:
Section 1.0: Purpose
Openness in the conduct of public business is essential to a democratic society to
ensure both the greatest possible public access to the actions, discussions and
records of all public bodies, and their accountability to the people. This policy
identifies what a member of the public needs to furnish when requesting access to a
governmental record; whether the request is verbal or written and whether the
request specifically references RSA 91-A, also known as “right-to-know”. This policy
further identifies how staff must respond to each type of record request.
Section 2.0: Scope
This policy applies to all departments and officials of the City.
Section 3.0: Definitions
RTK – State of New Hampshire Right-to-Know Law; RSA 91-A.
FOIA – Freedom of Information Act – Federal law; 5 U.S.C. § 552
Governmental Record – means any information created, accepted, or obtained by,
or on behalf of, any public body, or a quorum or majority thereof, or any public
agency in furtherance of its official function. Without limiting the foregoing, the term
“governmental records” includes any written communication or other information,
whether in paper, electronic, or other physical form, received by a quorum or majority
of a public body in furtherance of its official function, whether at a meeting or outside
a meeting of the body. The term “governmental records” also shall include the term
“public records.” RSA 91-A:1-a, III
Electronic Records – are defined in RSA 5:29, VI as “information that is created or
retained in a digital format. Electronic governmental records shall be available in the
same manner as records stored in public files if access to such records would not
reveal work papers,16 personnel data or other confidential information. RSA 91-A:4,
V. The New Hampshire Supreme Court has held that a record does not lose its status
as public because it is stored in a computer system. Hawkins v. N.H. DHHS, 147
N.H. 376 (2001). Electronic Government Records may include, but are not limited
to:
a. Documents stored in a computer or any other storage medium such as CD,
DVD, the cloud, or thumb drive;
b. E-mail;
c. Voice mail;
d. PDF documents;
e. Instant messages;
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 2 of 8
Approved by:
f. Text messages;
g. Electronic photos, video or audio recordings (digital).
Section 4.0: Policy Detail
A. ESTABLISHED PRINCIPLES
The public has the right to inspect, during regular business hours and at
the appropriate department location, all public governmental records
and request copies except those records that are temporarily
unavailable or are specifically exempted by law.
The public does not have to offer a reason or demonstrate a need to
inspect a record.
The public must reasonably describe the record being requested.
The City is not required to create a record that does not exist, or compile
data to create a record in a specific format requested, including
electronic format; however, it may be easier to create an electronic
summary or other report from a database than it would be to copy large
volumes to satisfy specific record requests, and may also be necessary
to maintain confidentiality.
Records that are exempt from public access are cited under various NH
laws and generally include personnel records, medical, welfare, library
user, vital records or any other confidential record in which disclosure
would constitute an invasion of privacy or jeopardize the security or
safety of any individual. Any question as to whether a record or portion
of a record may be exempt from disclosure may be reviewed by
Lebanon’s Municipal Records Board prior to release.
Written requests for governmental records, which reference right-to-
know or RSA 91-A, received by the City of Lebanon are to be
administered through the appropriate department with consultation with
the City Clerk or legal counsel if needed.
The City of Lebanon is required to respond to requests under the
Freedom of Information Act (FOIA) regarding documents related to
projects funded by grants from the Federal Government. Requests cited
under this Federal law shall be treated as a right to know request and
handled as noted above.
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 3 of 8
Approved by:
The objective is to provide as many public documents as possible in
directories that are readily available to the public that limit the need for
citizens to have to request those documents directly from a staff person.
Documents in electronic formats can be easily searched, redacted when
necessary and distributed to citizens requesting those documents.
Section 5.0: Procedures
A. On-Site (in person) Requests
1. Verbal regarding legal discovery.
2. Verbal – not citing RSA 91-A.
3. Verbal – citing RSA 91-A.
B. External Requests
1. Written regarding legal discovery.
2. Written – not citing RSA 91-A.
3. Written – citing RSA 91-A.
4. Email – not citing RSA 91-A.
5. Email – citing RSA 91-A.
C. Procedures During On-Site Inspection
D. Redaction of exempted information
E. Fees and Charges
A. ON-SITE (in person) RECORD REQUESTS
1. VERBAL REQUEST RECEIVED REGARDING LEGAL DISCOVERY
If a governmental record is requested on-site by an individual or an agent,
the department shall process the request administratively and charge the
appropriate fees.
2. VERBAL REQUEST RECEIVED NOT CITING RSA 91-A
A general request made verbally by an individual for access to a
governmental record shall be made available for inspection or, if
requested, copied as long as the record is readily available, and the staff
determines that the record is not otherwise exempt. City Officials may ask
the citizen to make an appointment to inspect the record if the record is
temporarily unavailable or the staff receiving the request is unavailable to
immediately furnish the request. When a requested record is not
immediately made available for inspection, the record must be made
available within 5 business days of the request, or the request may be
denied with written reasons cited, or written acknowledgement of the
request may be provided to the requestor stating the reasonable time
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 4 of 8
Approved by:
necessary to determine whether the request will be granted or denied. If
the records requested are not readily available, the department shall ask
the requestor to put their request in writing for the purpose of having a
written request on file. Note: having a request in writing cannot be
mandated.
3. VERBAL REQUEST CITING RSA 91-A
A request made verbally by an individual citing NH RSA 91-A or right to
know for access to a governmental record shall be referred to the
appropriate department. If the records requested are not readily available,
he department shall ask the requestor to put their request in writing for
the purpose of having a written request on file. Note: having a request
in writing cannot be mandated.
B. EXTERNAL RECORD REQUESTS
1. WRITTEN REQUEST RECEIVED REGARDING LEGAL DISCOVERY
If a governmental record is requested in writing by an individual or an
agent, the department shall process the request administratively and
charge the appropriate fees established for these services.
All requests for access of governmental records through a “duces tucem”
subpoena or by written Interrogatory requests shall be immediately
brought to the attention of the City Attorney.
2. WRITTEN REQUEST NOT CITING RSA 91-A
If a governmental record is requested pursuant to a signed written request
not citing RSA 91-A, the staff shall determine if the record is open to public
access and readily available for release. If the requested record is
determined to be open to public inspection and readily available for
release, then the request shall be furnished using a methodology
determined most appropriate.
If the staff receives a written record request not citing RSA 91-A but
determines that the requested record is exempt from public inspection, or
contains exemptions which shall be redacted prior to release, staff shall
provide a written statement of the specific exemption authorizing the
withholding of the record and a brief explanation of how the exemption
applies to the record withheld. per RSA-A:4,IV(c) or if staff is unsure as to
whether or not the record is exempt, or there may be associated records
outside of their direct control, they shall record the date and time of receipt
and consult with the legal counsel or City Clerk for further guidance and
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 5 of 8
Approved by:
respond to the requestor within the 5 business days.
3. WRITTEN REQUEST CITING RSA 91-A
If a governmental record is requested pursuant to a signed written request
citing NH RSA 91-A, the department receiving the request shall record the
date and time of receipt.
The City Clerk upon receipt of a written request citing RSA 91-A, shall
immediately date stamp the request and notify the appropriate staff
responsible for the requested record.
If upon determination the requested record is not readily available, the
City Official or City Clerk is required to, within 5 business days either make
the record available, deny the request in writing with reason, or furnish
written acknowledgement to the requestor stating a reasonable time when
the determination of whether the request shall be granted or denied.
If the record requested is not readily available, a meeting shall be
scheduled with the appropriate staff to discuss the request and determine
whether the request shall be granted or denied. Legal counsel can be
obtained when necessary.
Upon determination if the request is to be granted or denied, a written
letter or email shall be sent to the requestor by the City Official or City
Clerk unless otherwise determined by legal counsel informing them of the
decision. If the record is subject to disclosure, the requestor shall be
informed of the location where, and business hours when, the record may
be inspected.
Requested records which are maintained in electronic format may be
copied or transferred electronically using PDF/A format in a manner that
does not reveal confidential information or exemptions as defined under
RSA 91-A:5. If the person requesting access to a governmental record
prefers a different method of delivery other than copied to electronically,
a printout of the requested governmental record shall be offered as an
alternative.
4. ELECTRONIC MAIL REQUEST NOT CITING RSA 91-A
If a governmental record is requested not citing RSA 91-A and is received
pursuant to an electronic mail message, the staff shall determine if the
record is open to public access and readily available for release. If the
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 6 of 8
Approved by:
requested record is determined to be open to public inspection and readily
available for release, then the request shall be furnished using a
methodology determined most appropriate.
If the staff receives a record request by electronic mail not citing RSA 91-
A but determines that the requested record is exempt from public
inspection, or contains exemptions which shall be redacted prior to release,
or if staff is unsure as to whether or not the record is exempt, or there
may be associated records outside of their direct control, they shall advise
the requestor to furnish a written request for the record containing an
original written signature citing right-to-know under NH RSA 91-A.
5. ELECTRONIC MAIL REQUEST CITING RSA 91-A
If a request is received pursuant to an electronic mail message citing RSA
91-A, the staff shall immediately process the request. The official receiving
the request shall notify the requestor that all record requests made
pursuant to RSA 91-A are asked to be furnished in writing with an original
signature and delivered to the appropriate official.
C. PROCEDURES DURING ON-SITE INSPECTION
1. If the requestor knows specifically what records they would like to review,
it is recommended that the requestor be advised to schedule an
appointment with the appropriate department so that those records can
be assembled ahead of time in preparation for the inspection.
2. Supervision by an employee must be provided at all times during records
inspection.
3. Inspected records must remain in their present arrangement; documents
shall stay in order.
4. Only one record series shall be inspected at a time.
5. To preserve the original record for future use, no marks, erasures or other
changes to the record shall be allowed when accessed for inspection.
6. Due to the risk of damage to documents, use of ink is prohibited. The
requestor inspecting governmental record shall use pencil when taking
notes.
7. In order to preserve the original record from physical damage, hand held
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 7 of 8
Approved by:
scanners are not permitted. Photocopying is permitted unless the
appropriate staff considers the item to be fragile, exceptionally valuable,
or too large to photocopy safely. Duplication shall be performed by staff
or through an approved qualified professional. Additional security and
procedures as determined by the appropriate staff may be required for
fragile, one-of-a-kind, or historically significant records. Nothing in this
section prohibits the requestor from taking a photograph of the document
with a camera that does not require the document to be moved from a flat
surface (Photocopiers and scanners require the document to be
manipulated through the device).
D. REDACTION OF EXEMPTED INFORMATION
1. There will be circumstances in which a document in its totality is not
exempt from public inspection or release. In these circumstances there
may be portions of the document which are exempt from public release.
Portions of a document can be redacted protecting the exempted
information from public disclosure.
2. Documents can be redacted manually or by electronic means. The method
chosen must ensure the redacted information is adequately protected for
public release. In the case of electronic documents, the government
official/employee must ensure metadata cannot be recovered after the
redaction process is complete.
3. A copy of the redacted and un-redacted document must be preserved
should there be an appeal regarding the efficacy of the redaction.
4. The government official/employee must provide written notification to the
requester of the reason for the redaction. See sample index in the
Attorney General’s Memorandum dated March 20, 2015.
E. FEES AND CHARGES
1. The City of Lebanon is authorized to charge the requestor for any fees
otherwise established by law for providing copies of governmental records
prior to the commencement of the work. The current fee for photocopy
sets by the City Clerk’s Department is 50 cents per page ($0.50).
2. If a computer, photocopy machine or other device is required to be used
to copy a requested governmental record, the person requesting the copy
shall be charged the established fee prior to the commencement of work.
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
RIGHT-TO-KNOW POLICY
Policy Number Effective Date Last Revision Page No.
ADM-113 4/15/20 Page 8 of 8
Approved by:
Section 6.0: References (Charter/Code/State Statues)
NH RSA 91-A.
NH Attorney General’s Memorandum 2015-03-20
City Charter, Section C419:67 Public Records
5 U.S.C. §552 of the Federal Code
Section 7.0: Policy & Procedure Revision History
Section Revisions Date
Original Adoption Original Document Approval 4/15/20
Amendment
Amendment
Amendment