September 2, 2008
Monadnock Ledger-Transcript
NEW IPSWICH — In July, Governor John Lynch signed a revised Right-to-Know Law that forbids deliberation on public business by a quorum or majority of a public body outside a duly noticed public meeting, including by e-mail correspondence.
When Selectman Jim Coffey received an e-mail from a member of the Planning Board on Aug. 25, in which questions were asked as to how the board should proceed with informing a resident that he may need to reapply for a particular application because it had expired, Coffey became concerned.
“It’s one thing to send an e-mail saying what’s a good time for a meeting, but if we start sending e-mails that trigger thoughts that require a decision-making process, I think that triggers a problem,” said Coffey at the selectmen’s meeting on Tuesday.
According to the Summary of 2008 Changes to New Hampshire’s Right-to-Know Law, written by John Lassey, vice chairman of the N.H. Right-to-Know Oversight Commission, asking questions in e-mails that should be addressed during a public meeting has “the flavor of deliberations,” and the e-mails are apt to be considered public record, subject to disclosure.
Lassey’s summary also says the Legislature inserted a new provision into the law “forbidding deliberation on public business by a quorum or majority of a public body outside a duly noticed public meeting. This essentially recognizes that there are some forms of communication that do not rise to that level. Deliberation, although not defined in the law, in this context commonly means ‘a discussion and consideration by a group of persons (as a jury or legislature) of the reasons for and against a measure;’ i.e., discussion with the intent of reaching a decision about something.”
“We have to follow certain rules,” said Coffey, who said the author of the e-mail was innocent in motive, but overly zealous nonetheless in distributing it to other members of the Planning Board, two of whom are alternates.
“This e-mail was sent to two people who are not legally members. Alternates are not members. Just general public,” said Coffey, before adding that the e-mail was also sent to the building permit officer and a secretary.
“We’re not a business,” Coffey said. “We cannot operate like a business,” and that includes using e-mail to communicate about town business.
In an e-mail distributed to nine people, Coffey advised the Planning Board member who initiated the original e-mail, “I am very concerned by what I believe to be illegal communication among land use board members that has taken place at various times. My fear is that we will lose a court decision on procedure alone, which should never happen.”
In an attempt to ensure that the Right-to-Know Law isn’t violated by town officials, Coffey is requesting members of the Planning Board, zoning board and Conservation Commission schedule time with the Board of Selectmen to “establish policy or expectation as to how we’re going to behave and make sure we don’t violate law.” Coffey said. “I don’t want anybody getting into trouble.”