RSA 91-A:3 Effective 9/1/1969

Introduction

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Section 3 of the Right-to-Know Law defines which meetings of a public body may exclude the public and how they must be held.

Statue Language

91-A:3 Executive Sessions.

I. Nothing contained in this chapter shall be construed to prevent these bodies or agencies from holding executive sessions for conducting deliberations, but, subject to the provisions of paragraph II, all sessions at which information, evidence or testimony in any form is received shall be open to the public.

Decisions made during any executive session as provided in paragraph II must be made available to the public at the termination of the session unless divulgence of the information would be likely to affect adversely the reputation of any person or impair the effectiveness of the action.

No ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official actions shall be finally approved in executive session except as provided in paragraph II.

The record of all actions shall be available for public inspection promptly, except as provided for in paragraph II.

II. Exceptions.

A body, or agency, may exclude the public when it is considering or acting upon the following matters:

(a) The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigating of any charges against him, unless the employee affected requests an open meeting.

(b) The hiring of any person as a public employee.

(c) Matters which, if discussed in public, would be likely to affect adversely the reputation of any person, other than a member of the body itself.

(d) Consideration of the acquisition, sale, or lease of land which, if discussed in public, would be likely to benefit a party, or parties, whose interests are adverse to those of the general community.

History

This is NOT the current language of this law. This language was in effect from September 1, 1969 until August 24, 1971. The previous original language was effective August 26, 1967. This language of the RSA was changed by these session laws: 1969, 482; 1967, 251.

Changes

Key: Added Unchanged [Removed]

91-A:3 Executive Sessions.

I. Nothing contained in this chapter shall be construed to prevent these bodies or agencies from holding executive sessions for conducting deliberations, but, subject to the provisions of paragraph II, all sessions at which information, evidence or testimony in any form is received shall be open to the public. D[but any d]ecisions made during any executive session as provided in paragraph II must be [recorded and ] made available [for]to the public [inspection promptly, and n]at the termination of the session unless divulgence of the information would be likely to affect adversely the reputation of any person or impair the effectiveness of the action. No ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official actions shall be finally approved in executive session except as provided in paragraph II. [The conditions of this section do not apply to executive sessions of the committees of the general court.] The record of all actions shall be available for public inspection promptly, except as provided for in paragraph II.