May 28, 2008
Eagle Tribune
ATKINSON — Town officials said they are overburdened by right-to-know requests that are too broad to easily research.
Selectmen want to know if they are legally required to do lengthy research to fulfill the blanket requests, according to selectmen’s Chairman Paul Sullivan.
The town has sent a response letter to each request, but those making the requests said they aren’t getting the information they want — and they don’t think they ever will.
Some requests have been for copies of minutes from each meeting during which a specific topic was discussed, Sullivan said. The time it takes for staff members to go through each set of minutes and look for a specific topic costs the town money, he said.
“We need to figure out if this is our obligation to research,” he said.
It’s not, according to Bill Chapman, a Concord attorney who specializes in right-to-know law. Government bodies are required to fulfill reasonably described requests, he said.
“If we look at it from just a common sense basis, to say all minutes where a particular matter has been discussed is not reasonably describing it,” Chapman said.
The person filing the request should ask for copies of minutes from specific meeting dates, he said. Or, since agencies are required to keep all minutes on file, the person asking should be able to look through years of minutes themselves, he said.
“The purpose of the right-to-know law is to not only honor the public’s right to know, but also to not put undue burden on the governing body,” Chapman said.
He said he doesn’t recall a case where the words “reasonably described” were challenged. But those who file right-to-know requests in Atkinson have not been satisfied with the town’s answers, and one resident said he’s ready to challenge officials on it.
Leon Artus said between his committee — Atkinson Taxpayers for Fair Evaluations — and others, more than 30 right-to-know requests have been filed in town since the beginning of the year. He said many of those requests are “in transition” now because he didn’t get the answers he wanted.
“Never have, and obviously never will, until it’s taken to a higher authority,” he said.
But selectmen maintain they are following the law.
Selectman Bill Friel said requests need to be more specific.
“This one also asks for some conclusions for us to answer, which isn’t part of the right-to-know law,” he said.
Large green, black and white Right to Know Law signs are now posted around Town Hall, reminding residents of what they can and cannot request.
The town is required, by law, to respond to the requests within five business days. But with requests for all public mentions of a certain subject, such as assessing, there isn’t time for interim Town Administrator Craig Kleman to do lots of research, especially in that time frame, the selectmen said.
Since he arrived in April, Kleman said he has worked on four right-to-know projects. The requests ranged from meeting minutes to information on personnel files, which cannot be publicly released, he said.
“It’s a very time-consuming process and, you know, you want to make sure you are really answering the spirit of the right-to-know law,” he said.
Kleman said he couldn’t estimate how long he spends on each case nor the total amount of time he has spent.