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.
I. Bodies or agencies may meet in executive session for deliberations only after a majority vote of members present, which shall be recorded in the minutes of the meeting.
All sessions at which information, evidence or testimony in any form is received, except as provided in paragraph II, shall be open to the public.
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 in paragraph II.
II. Exceptions.
A body, or agency, may exclude the public, citing for the record the appropriate subparagraph hereof, 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, likely would affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting.
(d) Consideration of the acquisition, sale, or lease of property which, if discussed in public, likely would benefit a party or parties whose interests are adverse to those of the general community.
(e) Matters discussed by a legislative committee sitting in executive session, which should not be made public as determined by a 3/5 roll-call and recorded vote of the members present and voting at such meeting.
III. Minutes of Executive Sessions.
Minutes of proceedings in executive session shall be kept, at least to the extent of recording any decisions made therein.
Decisions reached in executive session must be publicly disclosed within 72 hours of the meeting, unless, in the opinion of 2/3 of the members present, divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself or render the proposed action ineffective.
In event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.
This is NOT the current language of this law. This language was in effect from September 13, 1977 until August 9, 1983. The previous language was effective August 24, 1971. The original language was effective August 26, 1967. This language of the RSA was changed by these session laws: 1977, 540; 1971, 327; 1969, 482; 1967, 251.
I. [Nothing contained in this chapter shall be construed to prevent these
b]Bodies or agencies [from holding]may meet in executive session for [ conducting]deliberations[, but, subject to the provisions of paragraph II,] only after a majority vote of members present, which shall be recorded
in the minutes of the meeting.
A[a]ll sessions at which information, evidence or testimony in any form is
received, except as provided in paragraph II, shall be open to the
public.
[Moved to paragraph III: 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, citing for the record the appropriate subparagraph hereof, 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 would [to ]affect adversely
the reputation of any person, other than a member of the body or agency
itself, unless such person requests an open meeting.
(d) Consideration of the acquisition, sale, or lease of [land]property which,
if discussed in public, [would be]likely would [to ]benefit a party or parties whose
interests are adverse to those of the general community.
(e) Matters [being ]discussed by a legislative committee sitting in executive
session, which should not be made public as determined by a [three-fifths]3/5
roll-call and recorded vote of the members present and voting at such
meeting.
III. Minutes of Executive Sessions.
Minutes of proceedings in executive session shall be kept, at least to
the extent of recording any decisions made therein.
[Moved from paragraph I: ]Decisions [made during any]reached in
executive session[ as provided in paragraph II]
must be [made available to the public at the termination of the session]publicly disclosed within 72 hours of the meeting,
unless, in the opinion of 2/3 of the members
present, divulgence of the information [would be]likely would [to ]affect adversely the
reputation of any person other than a member of the body or agency
itself or [impair the effectiveness of the]render the proposed action ineffective.
In event of such circumstances, information may be withheld until, in
the opinion of a majority of members, the aforesaid circumstances no
longer apply.