Communities grapple with public access

"We do most of our discussion in public meetings," Warren said. "So I don't think the changes to the law will affect us."

In May, the New Hampshire House and Senate approved legislation that amends the State's Right to Know Law, clarifying rules and procedures on electronic forms of communication such as emails, text messages and the exchange of the other electronic documents.

Previously, two attempts to update the law failed over a disagreement on how to handle communications that occur outside of official meetings.

The latest bill bars officials from deliberating over public issues outside the public view by using emails, instant messages, telephone calls or other forms of communication.

Public officials are allowed to contact each other via electronic information about things like meeting reminders or coordinating schedules and the such. Previous attempts to change the law would've seen the banning of all communication outside of meetings among a quorum of a board or committee.

The flexibility of allowing some communication between members helps small communities in particular, where there may be only three selectmen for example, so that whenever two talk or meet, they are a quorum.

The bill also would recognize the evolving ways technology can help meetings take place by allowing public bodies to use electronic means to conference — such as via phone or computer — if a member is not able to physically attend.

The bill would also require documents created or maintained in electronic form to be accessible at the same time as paper documents and would allow governments to make electronic copies of requested documents while also maintaining the confidentiality of work papers, personnel information and other exempt documents.

Jeanne Beaudin, town administrator in Belmont, said selectmen don't email each other and rarely call one another outside of the meeting.

Beaudin said while she may email selectmen, it is only to remind them of upcoming meetings, which are already posted publicly, or to forward them a copy of the agenda.

Minutes of selectmen's meetings are available online and in hard copy. Minutes have to be approved by the board of selectmen before they are posted online.

Beaudin said she is not sure if they will have to change any of their current policies or procedures when the changes to the Right to Know Law go into affect after the Governor's approval.

Russell Bailey, Alton town administrator, said he, too, is waiting for the changes to be signed into law before reviewing the amended Right to Know Law and determining if any of the town's current practices need to be altered.

Gus Benavides, a Gilford selectman, recently questioned his town's policy regarding emails that have to do with public issues. During a recent meeting he asked how the town stores and preserves its email and whether those methods follow the current requirements of the state's Right to Know Law.

He said currently the town does not backup its emails; so if emails pertaining to public business are lost, it is like the destruction of a public record.

At this point, only the emails of the department managers are backed up and recorded under the town's current computer system.

But Debra Shackett, Gilford's departing interim town administrator who recently agreed to take over as Belknap County's fiscal officer/treasurer, said the installation of new computer servers later this year will allow all emails left at the end of the day to be recorded and backed up.

In the Seacoast area, some communities have already instituted policies regarding electronic communication between public officials.

Mike Joyal, Dover city manager, said they have been proactive in making sure the use of new technology conforms with the intent of the Right to Know Law.

"We currently follow all the requirements of the Right to Know Law and attempt to exceed them in a number of areas to make sure we are providing as much information as possible to the public and in a timely manner," Joyal said.

Joyal said the city has a special email system for all public and official communication. Those emails are stored and can be retrieved on a city server.

The server was established approximately four years ago, Joyal said, because the city anticipated the need of having that type of information readily available.

"Being proactive on this issue is something some of my staff and I have been urging since the mid 1990s," Joyal said, adding that he was aware of the growth of Internet communication.

"We recognize that electronic information needs to be just as accessible as paper documents," Joyal said. "And with today's technology, it can be more easily accessible in a more timely manner than ever before."

All emails sent by Joyal to councilors are posted on the city's website, accessible through a link called "City Manager's Correspondence and Documents to City Council."

Also on the city's website is any email correspondence sent by the public to councilors.

On the Dover City Council page, it notifies people "All email written to city councilors may be subject to release to the public under RSA91A, the Right to Know Law.

Email communication between councilors is stored on the city server, Joyal said.

As a rule, most public documents in electronic format are posted on the city's website within a five-day period.

A draft of the minutes of City Council meetings are posted on the website between the time of a City Council meeting and the next meeting, where councilors approve the minutes.

As the city is already doing all it can to make electronic documents accessible to the public, Joyal said the changes to the Right to Know Law will not have much of an effect on the city.

Joyal said many of the changes do not require communities to do anything new, they are just clarifying points and definitions.

The only significant change, Joyal said, is an added section which says if a public board member cannot be physically present at a meeting but can participate via phone or video conferencing, they can do so.

Caveats to the new rule stipulate a quorum of board members must be physically present in the official meeting place and that the public in attendance can clearly hear, and in some cases observe, the remote participant as the councilors can.

"This has the potential to change the way public councils and boards do business," Joyal said.

Joyal said although the rule will make it easier for city councilors or town selectmen to meet when all cannot be physically present, it does in some ways detract from the process.

"It takes a certain dynamic away," Joyal said. "The public has a tradition and a right to physically see and hear councilors at a public meeting. It is not just what is said, but how it is said, and it is being able to see the facial expressions of the councilors, how they interact with one another."