From the New Hampshire Bulletin
BY: ANNMARIE TIMMINS – DECEMBER 16, 2022 12:03 PM
Currently, there’s one way to challenge a state agency or municipality that denies a right-to-know request for public documents or access to governmental meetings: take them to court, which can be costly. There may soon be an alternative.
Six months after the Legislature created a “right-to-know ombudsman,” Gov. Chris Sununu has nominated attorney Thomas Kehr of Concord for the position. The Executive Council could vote on Kehr’s nomination as early as next week. Kehr’s job would be to investigate complaints alleging violations of RSA 91-A, the right-to-know law, and resolve disputes.
In an interview Thursday, Kehr said he’s been on both sides of right-to-know requests, as a private attorney and during his 20 years at the Department of Administrative Services, where he focuses on policies and procedures
“I think this is a worthwhile endeavor,” he said. “I would like to apply laws set forth in (the bill establishing the position) and RSA 91-A.”
The new position comes with a $100,000 annual salary and what is likely to be a small budget of about $5,000 a year to handle an estimated 300 cases annually, according to budget requests. And it may not be permanent as the legislation that created it, House Bill 481, is set to be repealed in 2025.
The creation of a right-to-know ombudsman does not eliminate superior court as an option when a public records request or access to a meeting is denied. However, a complaint cannot be filed with the ombudsman if it is pursued in court first.
There will be a $25 fee to file a complaint with the ombudsman, though the ombudsman has discretion to waive it. Once a complaint is filed, the public body or agency that denied the records request or access to a meeting must respond within 20 days, explaining the reasons for the denial. The ombudsman can extend that deadline if needed.
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