A guide for anyone who wants to request local or state information
By Annmarie Timmins, Granite State News Collaborative
The press plays an important role in holding government accountable, but the public does too, by keeping an eye on their local and state officials.
In 2021, a Webster, N.H., couple uncovered an illegal land deal between town officials and the town treasurer. The treasurer, who had purchased town-owned land at a significant discount without public notice, was convicted and can no longer hold public office in Webster. And the news coverage of the couple’s efforts inspired residents in other communities to investigate how their own officials were selling town-owned lots.
There are many other examples.
The ACLU of New Hampshire has used records requests to shed light on immigration enforcement at the Canadian border and the Trump administration’s efforts targeting foreign students.
A Nashua woman has won several court challenges against the city of Nashua for denying records, some of which showed the town had improperly assessed her property. She won an $8,000 tax abatement.
Each prevailed by using New Hampshire’s right-to-know law, which ensures public access to government records and proceedings.
Here’s a guide for requesting local and state records, including email, phone and text communications, in New Hampshire.
Determine what you need. Has the town or state agency published any of the information you are requesting on their websites or in meeting minutes? Will they provide you with the records you are seeking without a records request? Collect what you can and file a right-to-know request for the rest.
Find out how towns and state agencies prefer to receive records requests. Do they have a form or a specific person who handles requests? Using their preferred process can help move things along more quickly.
Narrow your request as much as possible to get a faster response. Some towns and state agencies are willing to talk with you about what you're seeking and suggest ways to tailor your request — and produce records more quickly. If not, try to set your own limits. For example, if you are seeking emails between public officials about property reassessments, limit the search to a specific time period, specific people, or search terms, such as “reassessment” and “property taxes.”
Craft a detailed request and provide your contact information for follow-up questions. Right to Know NH has a good records’ request template that’s easily adapted.
Know your legal rights. If the government agency or town cannot produce the records immediately, it has five business days to do one of two things: deny the request, with specific reasons for the denial, or provide an estimated timeframe for producing the records. If your request is ignored or you are denied records you believe the law deems public, you can file a petition in a New Hampshire Superior Court. New Hampshire eliminated its right-to-know ombudsman's office this year, which provided a less expensive alternative to challenge a denial.
Be prepared for roadblocks. A town or state agency cannot use residency to deny a records request, though some have tried. You do not have to be a resident of a specific community or a New Hampshire resident to obtain records.
Don’t overpay for records. Governmental agencies are limited in what they can charge you for records. You can be charged for the cost of copying records, but not for the time it takes to gather and redact them, though some town officials think otherwise. There are also limits on fees for electronic communications, including emails and text and chat messages. State law prohibits charges for the first 250 electronic communications, including the attachments and replies to those communications.
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.