NEFAC, N.H. Open Government Advocates Support Recent Public Records Proposal

FOR IMMEDIATE RELEASE
CONTACT Justin Silverman | 774.244.2365 | justin@nefac.org

APRIL 9 STATEMENT

The New England First Amendment Coalition joined a group of New Hampshire open government advocates to support the most recent proposal to change the state’s public records fee structure.

HB 1002 originally allowed agencies to charge record requesters up to $25 an hour for any time searching, retrieving, duplicating, redacting or otherwise making records available beyond 10 hours. The most recent proposal, however, would:

• Limit the bill’s impact to “electronic communications in excess of 250 communications.”
• Create an indigency exemption.
• Include a public interest exemption like the federal FOIA that explicitly includes media requesters.

In an April 9 statement sent to the New Hampshire Senate Judiciary Committee, NEFAC, the ACLU-NH, New Hampshire Press Association, Union Leader Corporation and New Hampshire Bulletin wrote that:

“We believe that the compromise reflected in HB1002 effectively addresses the concerns raised by proponents concerning overbroad email requests while not undermining transparency and accountability.”

As initially drafted, HB1002 was a “monumental step in the wrong direction” that, if enacted, would discourage and prevent the citizenry of New Hampshire from gaining access to public records, explained NEFAC President Gregory V. Sullivan in a Jan. 16 statement to the state’s House Judiciary Committee.

NEFAC and fellow advocates followed up with the New Hampshire House Judiciary Committee on Jan. 18 to express concerns about an amendment proposed for HB 1002.

After a productive March 13 meeting and extensive conversations and legal research, however, three stakeholders (the ACLU-NH, Right to Know NH, and the New Hampshire Press Association) and the bill’s legislative supporters reached a consensus on carefully-worded language with respect to certain costs under the Right-to-Know Law.

NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. All coalition briefs, advocacy letters and statements can be found here.


NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.

Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.

NEFAC is supported by the Estate of Gloria Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Connecticut Public, WCVB-Boston and WBUR-Boston.