Right to Know Law Oversight Commission Minutes - 29 October 2009 - Draft

Right to Know Law Oversight Commission Minutes
29 October 2009
Draft Minutes--Unapproved

Present: Sen. John H. Barnes, Jr., Rep. Jim Garrity, Rep. Jessie L. Osborne, Rep. Kim Casey, Rep. Lucy Weber, John Lassey, Esq., NHMA, County Commissioner Carol H. Holden, NH Association of Counties; Jim Kennedy, Esq., AG’s Office, Tom Reid, NHAC.

Also Present: Rebekah Becker, NH Banking Department; Cordell Johnston, NH Municipal Ass’n, David Frydman, House Counsel, Trent Spiner, NH Press Ass’n, Dean Michener.

The meeting was opened and recessed, as a quorum was not present.

The Annual Report Subcommittee, consisting of members Lassey, Barnes, Garrity, Weber, Kennedy, Holden, Osborne and Casey, was called to order. Mr. Lassey distributed a draft annual report. Changes werere proposed, as follows:

Line 1—change date to “…November 1, 2008.”
Line 15—change to “…House Judiciary Committee”
Line 21—change to “…House Judiciary Committee) and Attorney General’s Office and others.”
Add to bullet points—“Examine term and purpose of mission”
Line 28— add “determining appropriate fees”

The report with the above changes was moved by Ms. Weber, seconded by Ms. Holden, and unanimously recommended to the full Commission.

The Annual Report Subcommittee meeting was then adjourned.

A quorum having been achieved with the arrival of Mr. Reid, the Commission meeting was reopened.

Mr. Lassey was thanked for his authorship of the Annual Report. The adoption of the Annual Report as recommended by the Annual Report Subcommittee was moved by Ms. Holden, seconded by Ms. Casey, and was approved unanimously. Mr. Lassey will make the agreed changes and will submit the report with Mr. Garrity.

Mr. Kennedy announced that this will be his last meeting with the Commission as he is leaving the AG’s Office, and will become the Deputy Solicitor for Concord. There will be a new designee from the AG’s office, but details been decided yet. Mr. Kennedy was thanked for his service, and Mr. Garrity will make a formal request for a new appointment. It was noted that the updated AG’s Memo on the Right to Know Law finished in July was a great achievement, and a great collective effort by members of the AG’s Office. It is available online. The AG’s Office has been working on creating an on-line tutorial on the Right to Know, similar to that is already in place for election officials.

The minutes of the May 22 2009 meeting were duly approved. They are available online at nhsunshine.blogspot.com.

Ms. Weber gave a rundown of the pending bills retained from the 2009 session. They will be considered at the Executive Session of the House Judiciary Committee on Nov. 17.

Proposed Legislation for 2010. Mr. Garrity has filed an LSR to remove the sunset provision for the Right to Know Law Commission. There was some discussion as to changes to the membership of the Commission. It was suggested that it would be easier to fill the School Boards Association slot if the requirement was a member appointed by the School Boards Association, rather than requiring that the appointee be a school board member. The exact composition of the Commission will be re-examined.

Rep. Watrous has filed two bills. One would add to the definition of a public body any non-profit organization receiving two thirds of its budget or $50,00 per year from the state or a public body. The other is a remedies bill making significant changes to existing law. It would give the AG’s office the task of determining if a violation of the Right to Know law has occurred, and give that office the power to issue orders. Mr. Kennedy noted this might be problematic when it is the AG’s office that is alleged to have committed the violation. Mr. Reid noted that the issue of a quasi-judicial board had been studied several years ago, and theat there should be a significant amount of reseach already in the file.

The discussion then turned to subcommittees and an action plan for 2010.

Cost Recovery. This subcommittee will explore the different methods by which entities may recover costs incurred in complying with the Right to Know Law. Members are Reid, Pitts, Osborne, and the new AG’s designee. Mr. Reid will schedule meetings through Mr. Garrity or Ms. Weber.

Continuing Role of the Commission. Members are Rodgers, Holden, Judge and Casey. Mr. Rodgers will schedule the meetings.

Electronic Communication. The subcommittee met in June. Mr. Lassey summarized their report. Mr. Lassey will draft legislation on when communication with an individual becomes a governmental record. One draft was written, but Mr. Lassey is not satisfied with the result. He circulated the draft to Attorneys Frydman, Johnston and Meyers. Mr. Meyers suggested the draft be sent to Ms. Frizzell. Mr. Frydman, prior to the meeting, made extensive comments to Mr Lassey, and suggested to Mr. Lassey that the law as it stands is clear enough. Mr. Kennedy expressed concern with the draft and said that to become a governmental record, the document should be accepted by a quorum of the body whose record it becomes. Mr. Lassey said he was not wedded to the present language. Ms. Casey noted the importance of keeping up with new software developments and new technology update, and the potential problems they may create. The subcommittee will continue to meet. Members continue to be Lassey, Garrity and Barnes.

New Business:

Scheduling. The Commission will meet next in January.

Public comment. Rebekah Becker of the NH Banking Department inquired about LSR 2013, re posting of minutes, and HB 53 re definition of public body. Mr. Johnston reminded us that changes had already been agreed to with respect to HB 53. The bill regarding posting of minutes is sponsored by RE. Liz Merry, who would have the bill text.

The meeting was duly adjourned at 11:40 AM.

Respectfully submitted,
Lucy Weber