A quick guide for those planning to attend their first local government meeting
By Justin Silverman, New England First Amendment Coalition
In a 2023 case involving a contested speech restriction during government meetings, the highest court in Massachusetts reminded us about our protected right to assemble in town halls throughout the region.
Quoting John Adams, the court wrote in Barron v. Kolenda that the right to assembly is “a most important principle and institute of self-government.” It allows everyone the opportunity to speak their “sentiments of public affairs.” Or, as the court pulled from Alexis de Tocqueville’s “Democracy in America”: “town meetings are to liberty what primary schools are to science; they bring it within the people’s reach, they teach men how to use and to how to enjoy it.”
Yet a study by the Pew Research Center in 2018 found that less than a third of Americans are attending local government meetings. It seems many of us are unwilling or unable to participate in what the court, citing Adams in Barron v. Kolenda, called “the critical role of the right of assembly in the towns” to cultivate “the spirit and practice of self-government.”
This right we inherited may resonate more if you consider our role in determining how tax dollars are spent where we live, who our schools employ to teach our children, what tools we provide our law enforcement and how local businesses are regulated, among many other topics that are listed on meeting agendas in towns across New England.
We all have a profound stake in local governance. But maybe you are one of the two-thirds of Americans who sit out this process and now you want to make your voice heard. Where to start?
While each New England state has its own open meeting law, many requirements regarding the posting of agenda items, public access and commentary, and meeting minutes are similar. New Hampshire has the right-to-know law (RSA 91-A). Here’s a cheat sheet for those in the state who may be new to local government meetings:
• First, remember that not all meetings of government officials — and not every part of an otherwise public meeting — is open to you. There must be a quorum of public body members present for it to be an official meeting, and discussions on certain topics such as legal matters can be conducted in secret. When there is a meeting, the law requires a physical location. Remote access is not guaranteed.
• Notice of any meeting open to the public must be posted at least 24 hours in advance and include the time and location of the meeting. Typically, these notices are posted on the town’s website or at the meeting location itself. They may also be printed in a local newspaper. While not required under the law, an agenda for the meeting can typically be found with the notice.
• Upon arriving at a public meeting, you should first request an agenda from the chairperson of the government body in case any revisions have been made since first posted. While state law permits you to record the meeting by video or audio, there may be reasonable recording policies imposed to prevent disruption of the meeting. Consider speaking with a representative of the government body to make sure no restrictions are in place, though you are not required to do so.
• It’s important to review the agenda ahead of the meeting. There may not be an opportunity provided to speak on topics other than those listed. If there is an open forum during a meeting, know that the First Amendment prevents any restriction that is unreasonable or based on your opinion alone.
• Minutes for each meeting must be available within five business days and can often be found on your respective town’s website. They must include, among other things, the names of officials attending the meeting and a description of all final decisions and objections.
• Know that just because you have these rights does not mean those rights will always be recognized. If you believe that the open meeting law has been violated, you can file a complaint in Superior Court or with the state’s right-to-know ombudsman, though the latter’s office is now vacant and it’s unclear how, if at all, the office will operate in the future. In lieu of these options, you may want to contact advocacy organizations, such as the New England First Amendment Coalition or your local American Civil Liberties Union.
The open meeting law is not perfect and can be abused by those in government. Secrecy often seeps into meetings where sunlight should shine. Even well-intended officials don’t always convene meetings in ways accommodating the challenges faced by the elderly, working parents or those lacking transportation. But these meetings are still one of the best ways we have to engage with government, to express ourselves on timely political issues and to hold our representatives accountable.
As the preamble to New Hampshire’s right-to-know law states, “Openness in the conduct of public business is essential to a democratic society.” These open doors, however, are only useful if we decide to go through them.
Justin Silverman is executive director of the New England First Amendment Coalition, the region’s leading advocate for First Amendment freedoms and open government. Learn more about the coalition at nefac.org.
This story is part of Know Your News — a Granite State News Collaborative and NENPA Press Freedom Committee initiative on why the First Amendment, press freedom, and local news matter. Don’t just read this. Share it with one person who doesn’t usually follow local news — that’s how we make an impact. More at collaborativenh.org.
