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RSA 91-A:8 · Remedies

Title
VI: PUBLIC OFFICERS AND EMPLOYEES
Chapter
91-A · ACCESS TO GOVERNMENTAL RECORDS AND MEETINGS
Status
current
Official source linked
Yes
Official source Copy section link

91-A:8 Remedies. –

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I.

If any public body or public agency or officer, employee, or other official thereof, violates any provisions of this chapter, such public body or public agency shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under this chapter, provided that the court finds that such lawsuit was necessary in order to enforce compliance with the provisions of this chapter or to address a purposeful violation of this chapter. Fees shall not be awarded unless the court finds that the public body, public agency, or person knew or should have known that the conduct engaged in was in violation of this chapter or if the parties, by agreement, provide that no such fees shall be paid.

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II.

The court may award attorney's fees to a public body or public agency or employee or member thereof, for having to defend against a lawsuit under the provisions of this chapter, when the court finds that the lawsuit is in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.

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III.

The court may invalidate an action of a public body or public agency taken at a meeting held in violation of the provisions of this chapter, if the circumstances justify such invalidation.

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IV.

If the court finds that an officer, employee, or other official of a public body or public agency has violated any provision of this chapter in bad faith, the court shall impose against such person a civil penalty of not less than $250 and not more than $2,000. Upon such finding, such person or persons may also be required to reimburse the public body or public agency for any attorney's fees or costs it paid pursuant to paragraph I. If the person is an officer, employee, or official of the state or of an agency or body of the state, the penalty shall be deposited in the general fund. If the person is an officer, employee, or official of a political subdivision of the state or of an agency or body of a political subdivision of the state, the penalty shall be payable to the political subdivision.

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V.

The court may also enjoin future violations of this chapter, and may require any officer, employee, or other official of a public body or public agency found to have violated the provisions of this chapter to undergo appropriate remedial training, at such person or person's expense. Source. 1973, 113:1. 1977, 540:6. 1986, 83:7. 2001, 289:3. 2008, 303:6. 2012, 206:1, eff. Jan. 1, 2013.

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Source note

Source. 1973, 113:1. 1977, 540:6. 1986, 83:7. 2001, 289:3. 2008, 303:6. 2012, 206:1, eff. Jan. 1, 2013.

Source history

  • 1973, 113:1
  • 1977, 540:6
  • 1986, 83:7
  • 2001, 289:3
  • 2008, 303:6
  • 2012, 206:1, eff. Jan. 1, 2013

Related materials

Bill relationships

  • 2026 HB1034 reference

    e weapon that has been authorized, the purpose and scope of the authorization, and the time period for which the authorization applies. Such authorization shall not be subject to RSA 91-A. (c) Any law enforcement officer, when on or off duty or serving as a school resource officer. 159:19-c Prohibition of Hiring Armed Guards. All public schools shall be prohibited from employing persons whose sole p

  • 2026 HB1034-FN reference

    e weapon that has been authorized, the purpose and scope of the authorization, and the time period for which the authorization applies. Such authorization shall not be subject to RSA 91-A. (c) Any law enforcement officer, when on or off duty or serving as a school resource officer. 159:19-c Prohibition of Hiring Armed Guards. All public schools shall be prohibited from employing persons whose sole p

  • 2026 HB111 amend · effective 2022-07-01

    investigation pursuant to RSA 311:7-b. 3 Ombudsman; Fee Awards. Amend RSA 91-A:7-b, III(f) to read as follows: (f) Make any finding and order any other remedy to the same extent as provided by the court under RSA 91-A:8, except that the ombudsman is prohibited from awarding or ordering reimbursement for attorney's fees. 4 Effective Date. This act shall take effect June 30, 2025. LBA 25-0070 Revised 2/25/25 Amended 2/21/25 HB

  • 2026 HB111-FN amend

    7-b. 3 Ombudsman; Fee Awards. Amend RSA 91-A:7-b, III(f) to read as follows: (f) Make any finding and order any other remedy to the same extent as provided by the court under RSA 91-A:8, except that the ombudsman is prohibited from awarding or ordering reimbursement for attorney's fees. 4 Effective Date. This act shall take effect June 30, 2025. LBA 25-0070 Revised 2/25/25 Amended 2/21/25

  • 2026 HB1184 reference

    eriod, the governing body shall approve the NTO by at least a majority vote taken by roll call vote at a duly noticed public meeting, or at a non-public session if permitted under RSA 91-A and requested by the individual subject to the NTO. (b) Any NTO issued or approved under this section shall include: (1) The date of issuance; (2) The specific public property to which the order applies; (3) A

  • 2026 HB1184-FN reference

    eriod, the governing body shall approve the NTO by at least a majority vote taken by roll call vote at a duly noticed public meeting, or at a non-public session if permitted under RSA 91-A and requested by the individual subject to the NTO. (b) Any NTO issued or approved under this section shall include: (1) The date of issuance; (2) The specific public property to which the order applies; (3) A

  • 2026 HB1189 reference

    . II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days. III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use

  • 2026 HB1189-FN reference

    . II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days. III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use

  • 2026 HB1197 reference · effective 2027-01-01

    estic jurisdictions, or is otherwise obtained by the commissioner in an investigation pursuant to this section shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. Neither the commissioner nor any person who received documents, materials, or other inform

  • 2026 HB1197-FN reference · effective 2027-01-01

    estic jurisdictions, or is otherwise obtained by the commissioner in an investigation pursuant to this section shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. Neither the commissioner nor any person who received documents, materials, or other inform

  • 2026 HB1212 reference

    ic standards presented to the commission by the New Hampshire department of education. All meetings and reports of the commission shall be available to the public as specified in RSA 91-A. (5) The commission shall determine the work schedule and organizational plan to complete the review process within the specified timeline. This may include additional work sessions with various groups of New Hampshi

  • 2026 HB1261 reference · effective 2027-01-01

    , that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a; and[.] (k) If the agency provides for a virtual or hybrid hearing consistent with RSA 91-A and RSA 541-A:11, I(d), the necessary information for accessing the [meeting] hearing electronically, and a mechanism for the public to alert the agency during the hearing if there are problems with access. II. The di

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