RSA 91-A:3 Non public Sessions

According to RSA 91-A there are only a very limited number of reasons that a nonpublic session would be allowed. To go into nonpublic session, a motion must be made and seconded in public session, citing the reason from the statute, (there are only 9) and a majority roll-call vote is required. Once in nonpublic session, only the reason(s) cited in the original motion may be discussed. To come out of non public session, a motion must be made and seconded and a roll call vote taken. This must be noted in the minutes of the public meeting. Meeting minutes of a nonpublic session must be made available to the public sooner than regular meeting minutes: 72 hours for non public minutes versus 144 hours for all other meeting minutes. However, if two-thirds of the members present, in a recorded vote, decide to seal the minutes because the reasons justifying the need for nonpublic session remain, the minutes will remain sealed. Minutes that the board has voted to seal should be placed in a secure place within the office, and a notation attached that they are sealed, so that they are not inadvertently released to the public. The board may want to institute a policy of reviewing sealed meeting minutes on a periodic basis to determine if any should be released because the reasons for the nonpublic session no longer exist. Once the reason to seal the minutes no longer exists, the minutes should be released.