New Law Requires Regular Review of Sealed Meeting Minutes by Public Bodies
A new law in New Hampshire will bring about greater transparency in public governance by requiring regular review of sealed meeting minutes by public bodies. School boards, city councils, state agencies, and other public bodies will no longer be able to seal minutes from nonpublic meetings indefinitely unless they reconsider the decision at least every 10 years.
Gov. Chris Sununu signed House Bill 321 into law last week, marking a significant step towards ensuring accountability and openness in government proceedings. Under the new law, public bodies and agencies will be mandated to review sealed minutes no later than 10 years after they were last sealed. This represents a departure from the current practice of allowing indefinitely sealed minutes without any requirement for reevaluation and resealing.
The law, which will take effect on October 3, stipulates that minutes can only remain sealed if a majority of a board, agency, or public body votes in favor of keeping them sealed. If no such vote takes place, the minutes will automatically be made available to the public. While the law sets a minimum 10-year review period, public bodies and agencies are permitted to adopt policies that necessitate more frequent reviews, but not less.
Advocates of the new law argue that regular review is imperative to prevent the unnecessary sealing of minutes for extended periods. David Taylor, a former member of the Oyster River School Board in Durham, emphasized the importance of unsealing minutes as soon as the conditions that necessitated their sealing cease to exist. Taylor stated that sealed minutes often deprive the public of vital information about the actions of public bodies and should be made accessible once the need for sealing no longer persists.
It is important to note that public bodies and agencies can still conduct discussions in nonpublic sessions and seal the corresponding minutes, albeit under specific circumstances. These include discussions pertaining to personnel matters, situations that could harm the reputation of individuals other than members of the public body, and specific deliberations related to property transactions or ongoing litigation.
House Bill 321 received bipartisan support, with Representative Josh Yokela, a Fremont Republican, acting as the primary sponsor. Yokela collaborated with Right to Know NH and the New Hampshire Municipal Association in crafting the bill. The legislation garnered support from both Republicans and Democrats, highlighting the shared commitment to transparency and accountability in the state’s governance.
This new legislation is a significant stride towards enhancing transparency and public trust in New Hampshire’s governance. By introducing a mandatory review process for sealed meeting minutes, the law ensures that the public has access to vital information while placing a greater emphasis on openness and accountability within public bodies and agencies.
