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.(a) Bodies or agencies shall not meet in nonpublic session, except for one of the purposes set out in paragraph II.
No session at which evidence, information or testimony in any form is received shall be closed to the public, except as provided in paragraph II.
No body or agency may enter nonpublic session, except pursuant to a motion properly made and seconded.
(b) Any motion to enter nonpublic session shall state on its face the specific exemption under paragraph II which is relied upon as foundation for the nonpublic session.
The vote on any such motion shall be by roll call, and shall require the affirmative vote of the majority of members present.
(c) All discussions held and decisions made during nonpublic session shall be confined to the matters set out in the motion.
II. Only the following matters shall be considered or acted upon in nonpublic session:
(a) The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation 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 likely 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, would likely benefit a party or parties whose interests are adverse to those of the general community.
(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.
(f) Consideration of applications by the adult parole board under RSA 651-A.
III. Minutes of proceedings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section.
Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that 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 the 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 January 1, 1992 until June 8, 1992. The previous language was effective January 1, 1987. The original language was effective August 26, 1967. This language of the RSA was changed by these session laws: 1991, 217; 1986, 83; 1983, 184; 1977, 540; 1971, 327; 1969, 482; 1967, 251.
I.(a) Bodies or agencies [may]shall not meet in
[executive]nonpublic session[Moved to subparagraph I(b): for deliberations
only after a majority vote of members present, which shall be recorded
in the minutes of the meeting], except for
one of the purposes set out in paragraph II.
[All]No session[s] at which [information, ]evidence, information or testimony in any form is
received[, except as provided in paragraph II,] shall be [open]closed to the public, except as provided in paragraph
II.
[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.]
[Moved to paragraph III: The record of all actions shall be available for public inspection
promptly, except as provided in paragraph II.]
No body or agency may enter nonpublic session, except pursuant to a
motion properly made and seconded.
(b) [Moved from paragraph II:]Any motion to [go into]enter [executive]nonpublic
session shall stat[ing]e
[which]on its face the specific
exemption under [this ]paragraph II
[is claimed shall be made ...]which is relied upon as foundation for the nonpublic session.
[Moved to subparagraph I(b): A body or agency may exclude the public only
if a recorded]The vote on any such motion shall be by roll call[ vote is taken to go into executive session]
[Moved from subparagraph I(a): for deliberations
only after a majority], and shall require the affirmative vote of the majority of members present[, which shall be recorded
in the minutes of the meeting].
[Moved from paragraph II: The matters](c) All discuss[ed]ions held and decisions made during[ the]
[executive]nonpublic session
shall be confined to the matters [stated]set out in the motion.
II.
[Moved to paragraph I(b): A body or agency may exclude the public only if a recorded roll call
vote is taken to go into executive session.]
[Moved to subparagraph I(b): The matters discussed during the executive session shall be confined to
the matters stated in the motion.]
[Moved to subparagraph I(b): A motion to go into executive session stating which exemption under this
paragraph is claimed shall be made ][o]Only [when the body or agency is]the following matters shall be
consider[ing]ed or act[ing]ed upon
[the following matters]in nonpublic session:
(a) The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation 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 ]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, would likely benefit a party or parties whose interests are adverse to those of the general community.
(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.
(f) Consideration of applications by the adult parole board under RSA 651-A.
III. [Minutes of Executive Sessions. ]Minutes of proceedings in [executive]nonpublic session
shall be kept[, at least to
the extent of recording any decisions made therein] and t[Moved from paragraph I: T]he
record of all actions shall be promptly made available for public
inspection[ promptly], except as provided in [paragraph II]this section.
Minutes and d[D]ecisions reached in [executive]nonpublic session [must]shall be publicly
disclosed within 72 hours of the meeting, unless, [in the opinion]by recorded vote of
2/3 of the members present, it is determined that divulgence of the
information [would ]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 the event of such circumstances, information may be withheld until,
in the opinion of a majority of members, the aforesaid circumstances no
longer apply.