NEW HAMPSHIRE RSA CHAPTER 91-A INFORMATION
New Hampshire RSA Chapter 91-A, also known as the Right-to-Know Law, establishes an individual’s right of access to the records of public agencies and public bodies, including Merrimack Village District (MVD). RSA Chapter 91-A:1 Preamble states: "Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussion and records of all public bodies, and their accountability to the people." The Right-to-Know Law promotes government transparency and discourse by ensuring public access to information created, accepted, or obtained by any public agency. However, this access does not include protected information, such as internal procedure information (ex: emergency preparedness plans), personnel records, confidential, commercial or financial information or any other records whose disclosure would be deemed an invasion of privacy (refer to RSA Chapter 91-A for exemption information).
What are public agencies & public bodies?
In NH "public agency" refers to the administrative, departmental, and structural offices of the state. This includes State Departments (ex: Department of Transportation), Local Governments (Towns, Municipalities, & Village Districts), and Educational Departments (School Districts, School Administrative Units, & Chartered Public Schools).
A "public body" refers to a governing, legislative, or advisory entity that makes decisions or formulates policy. This includes Legislative & Executive Entities, State Boards, Board of Commissioners, and Advisory Committees.
What is a government record?
A government record refers to any information generated, received, or maintained by or on behalf of a public agency in the course of its official functions. This encompasses written communications and other data in physical, electronic, or digital formats.
What types of documents can I request under RSA Chapter 91-A?
Only pre-existing records are required to be released under the Right-to-Know Law. MVD is not required to generate any information that is not already maintained or readily accessible. Consequently, requests for future documents cannot be accommodated.
Is the Right-to-Know Law the same as the Freedom of Information Act (FOIA)?
No, FOIA applies only to Federal government departments and agencies; it does not apply to the State of New Hampshire agencies, county or municipal public bodies, or other public agencies. Likewise, the Right-to-Know Law does not apply to the Federal government.
How does an individual request information?
MVD accepts requests via physical mail and in-person drop off to Merrimack Village District 2 Greens Pond Rd Merrimack, NH 03054, digitally to customerservice@mvdwaternh.gov, or via the request form on the MVD website at INSERT DIRECT LINK. MVD can also accept verbal requests, however, to ensure clarity and prevent any misinterpretation or misunderstanding it is highly recommended that all requests be submitted in writing.
Is there a cost for records?
Fees shall be assessed per RSA Chapter 91-A
Questions?
Contact MVD’s Business Manager, Jill Lavoie at 603-424-9241 x: 103 or via email to jlavoie@mvdwaternh.gov.
