Right to Know Policy and form

Right-to-Know Request Policy for the Town of Kensington

The Town of Kensington is committed to transparency at all times and is eager to comply with RSA 91-A.  Therefore, the Town of Kensington has adopted a Right-To-Know Law policy to assist the public and the town with Right-to-Know Law (“RTK”) requests. This policy covers all Town departments, committees, boards, and employees.  The town has made available a Form which will help assure that the Town and requester understand the information being sought. The Form is available on our website and at the town hall. While state law does not require a written RTK request, written requests assure all parties have a verifiable copy of the request, and there is no ambiguity as to what is being requested. All official correspondences regarding RTK requests from the town will be in writing.

Any RTK request will be followed up by contact from a Town of Kensington representative. The representative will confirm the information requested, how you would like to receive such information, the potential time frame to fulfill your request, and what costs will apply to the request (if applicable). The representative will also inform the requester of information readily available on the Town website, such as minutes, agendas, and annual reports.

There is no charge to inspect documents at the Kensington Town Offices.  Other requests may incur a fee.

When the documents are ready – and all costs associated with the request have been paid a town representative will inform the requester.

Questions regarding this policy should be directed to town staff during regular business hours (Monday-Thursday; 8:30 a.m. to 1:30 p.m.) at 95 Amesbury Road.; Kensington, NH 03833. The actual text of the law is available here: www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-VI-91-A.htm

To better assist the public with RTK requests, the below information has been compiled from NH Revised Statues Annotated (RSA 91-A), and from the NH Municipal Association.

Governmental records mean any information created, accepted, or obtained by, or on behalf of, any public body, or a quorum or majority thereof, or any public agency in furtherance of its official function. Without limiting the foregoing, the term “governmental records” includes any written communication or other information, whether in paper, electronic, or other physical form, received by a quorum or majority of a public body in furtherance of its official function, whether at a meeting or outside a meeting of the body.

Availability: Upon request for any governmental record reasonably described, the town will make available for inspection and copying any such governmental record within its files when such records are immediately available for such release. If the Town is unable to make a governmental record available for immediate inspection and copying, it shall, within five (5) business days of request, make such record available, deny the request in writing with reasons, or give written acknowledgment of the receipt of the request and a statement of the time reasonably necessary to determine whether the request shall be granted or denied. (RSA 91-A4, IV)

Applicable Fees

There is a charge for hard copies as well as electronic documents that require redaction of information (because of exceptions as stated by RSA 91-A).  Town staff will provide the requester with the cost related to their request at which time the requester may amend their request or pay the stated amount.

Printed Copies: If a computer, photocopying machine, or other device maintained for use by the town is used by the town to copy the governmental record requested, the person requesting the copy will be charged the actual cost of providing the copy per the adopted town fee schedule cost is $0.50 per copy. A representative from the town will make copies of public records. To “copy” means the reproduction of original records by whatever method, including but not limited to photography, photostatic copy, printing, or electronic or tape recording. Records will never be handed over for copying or loaned out.

Electronic Copies: Any information that exists in electronic format that does not have redactable information (i.e. information that would fall under exceptions of the NH Right-to-Know law), may be provided free-of-charge through electronic mail or via a USB flash drive provided by the town (the requester is responsible for the cost of the provided USB flash drive). Any request for electronic information that does not require redaction will not incur a fee if the staff time involved in research and or delivery is less than one hour.  If more than one hour is needed additional fees apply of $10.00 per hour.

Copies with Redacted Information: If the record has information that must be redacted that exceeds one hour, a cost of $10.00 per hour will be incurred to cover staff time required.

Raw Materials and Working Documents: Raw materials (tapes, notes) used to compile official minutes are public records so long as they are retained. Preliminary documents are public documents even if they are not in final form unless they are exempt for some other reason (see exceptions list below).

Right to Know requests related to the police department are governed by a separate policy and fee schedule.

Partial List of Exemptions to RSA 91-A (see NH RSA 91-A:5):

• Records pertaining to internal personnel practices,
• Medical, welfare, library user and videotape sales or rental records,
• Confidential, commercial or financial information and any other records whose disclosure would be an invasion of privacy,
• Notes or materials made for personal use which do not have an official purpose, including notes and materials made prior to, during or after a public proceeding,
• Preliminary drafts, notes and memoranda and other documents not in their final form and not disclosed, circulated or available to a quorum of a public body,
• Some law enforcement files (our office will confer with legal counsel before authorizing the release of any documents regarding law enforcement files), and
• Written legal advice.