Section 8 of the Right-to-Know Law defines what remedies may be applied to violations of chapter 91-A.
I. If any public body or public agency or officer, employee, or other official thereof, violates any provisions of this chapter, such public body or public agency shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under this chapter, provided that the court finds that such lawsuit was necessary in order to enforce compliance with the provisions of this chapter or to address a purposeful violation of this chapter.
Fees shall not be awarded unless the court finds that the public body, public agency, or person knew or should have known that the conduct engaged in was in violation of this chapter or if the parties, by agreement, provide that no such fees shall be paid.
II. The court may award attorney's fees to a public body or public agency or employee or member thereof, for having to defend against a lawsuit under the provisions of this chapter, when the court finds that the lawsuit is in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.
III. The court may invalidate an action of a public body or public agency taken at a meeting held in violation of the provisions of this chapter, if the circumstances justify such invalidation.
IV. If the court finds that an officer, employee, or other official of a public body or public agency has violated any provision of this chapter in bad faith, the court shall impose against such person a civil penalty of not less than $250 and not more than $2,000.
Upon such finding, such person or persons may also be required to reimburse the public body or public agency for any attorney's fees or costs it paid pursuant to paragraph I.
If the person is an officer, employee, or official of the state or of an agency or body of the state, the penalty shall be deposited in the general fund.
If the person is an officer, employee, or official of a political subdivision of the state or of an agency or body of a political subdivision of the state, the penalty shall be payable to the political subdivision.
V. The court may also enjoin future violations of this chapter, and may require any officer, employee, or other official of a public body or public agency found to have violated the provisions of this chapter to undergo appropriate remedial training, at such person or person's expense.
This is the current language of this law. This language has been in effect since January 1, 2013. The previous language was effective July 1, 2008. The original language was effective July 7, 1973. This language of the RSA was changed by these session laws: 2012, 206; 2008, 303; 2001, 289; 1986, 83; 1977, 540; 1973, 113.
I. If any public body or public agency or officer, employee, or [member]other
official thereof, [in]
violat[ion]es [of the]any provisions
of this chapter[, refuses to provide a
governmental record or refuses access to a governmental proceeding to a
person who reasonably requests the same], such public
body[,] or public agency[, or person] shall be liable for reasonable attorney's fees and
costs incurred in a lawsuit under this chapter, provided that the court
finds that such lawsuit was necessary in order to [make the information
available or the proceeding open to the public]enforce compliance
with the provisions of this chapter or to address a purposeful violation
of this chapter.
Fees shall not be awarded unless the court finds that the public body,
public agency, or person knew or should have known that the conduct
engaged in was [a]in violation of this chapter or [where]if the parties, by
agreement, provide that no such fees shall be paid.
[Moved to paragraph IV: In any case where fees are awarded under this chapter, upon a finding
that an officer, employee, or other official of a public body or agency
has acted in bad faith in refusing to allow access to a governmental
proceeding or to provide a governmental record, the court may award such
fees personally against such officer, employee, or other official.]
[I-a]II. The court may award attorney's fees to a public body or public
agency or employee or member thereof, for having to defend against a
[person's ]lawsuit under the provisions of this chapter, when the court
[makes an affirmative ]find[ing]s that
the lawsuit is in bad faith, frivolous, unjust, vexatious, wanton, or
oppressive.
[II]III. The court may invalidate an action of a public body or
public agency taken at a meeting held in violation of the provisions of this
chapter, if the circumstances justify [the]such invalidation.
IV. [Moved from paragraph I: ...upon a]If the court
find[ing]s
that an officer, employee, or other official of a public body or public agency
has [acted]violated any provision of this chapter
in bad faith[in refusing to allow access to a governmental
proceeding or to provide a governmental record], the court shall impose against such person a civil penalty
of not less than $250 and not more than $2,000.
Upon such finding, such person or persons may [award]also be required to
reimburse the public body or public agency for [such]any attorney's fees or
costs it paid [personally against such officer, employee, or other official]pursuant to paragraph I
[Moved from paragraph I: In any case where fees are awarded under this chapter,...].
If the person is an officer, employee, or official of the state or of an
agency or body of the state, the penalty shall be deposited in the
general fund.
If the person is an officer, employee, or official of a political
subdivision of the state or of an agency or body of a political
subdivision of the state, the penalty shall be payable to the political
subdivision.
[III]V. [In addition to any other relief
awarded pursuant to this chapter, t]The court may
also[issue an order to] enjoin future violations
of this chapter, and may
require any officer, employee, or other official of a public body or
public agency found to have violated the provisions of this chapter to
undergo appropriate remedial training, at such person or person's
expense.