NH House & Senate Leadership Janus Related Communications

Chris Brooks filed this request with the New Hampshire House of Representatives of New Hampshire.
Status
Rejected

Communications

From: Chris Brooks

To Whom It May Concern:

Pursuant to the New Hampshire Right to Know Law, I hereby request the following records:

Any and all electronic communications (including but not limited to text messages and emails) of Rep. Richard "Dick" Hinch and staff, Rep. Sherman A. Packard and staff, Rep. Barbara J. Griffin and staff, Rep. John Graham and staff, Rep. Al Baldasaro and staff, Rep. Dave Danielson and staff, Rep. Larry Gagne and staff, Rep. Michael McCarthy and staff, Rep. Laurie J. Sanborn and staff, Rep. Victoria L. Sullivan and staff, Rep. Michale Vose and staff, Rep. Kathleen M. Hoelzel and staff, Rep. Bill Ohm and staff, Rep. David M. Bates and staff, Rep. Gregory Hill and staff, Rep. Debra DeSimone and staff, Rep. Carolyn Matthews and staff, Rep. Claire Rouillard and staff, Rep. Terry Wolf and staff, Sen. Chuck Morse and staff, Sen. Sharon Carson and staff, Sen. Jeb Bradley and staff, Sen. Jeff Woodburn and staff, Sen. Gary Daniels and staff, Sen. Regina Birdsell and staff, referencing, related to, concerning or containing mention of any of the following: the Supreme Court's decision in Janus v. AFSCME, Janus, Mark Janus, right-to-work or right to work legislation, right-to-work or right to work policies, right-to-work or right to work court rulings, RTW, labor, unions, agency fees, AFSCME, SEIU, AFT, NEA, 32BJ, Josiah Bartlett Center for Public Policy, Granite Institute, collective bargaining, union contracts, Freedom Foundation, American Legislative Exchange Council, ALEC, State Policy Network, SPN, Americans for Prosperity, Bradley Foundation, AFL, or the Mackinac Center.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Chris Brooks

From: New Hampshire House of Representatives

Dear Chris Brooks,
I am writing this official response to your request for email records of current and former Representatives.
In an opinion from the Attorney General of the State of the New Hampshire to the Speaker of the House of Representatives on June 29, 2011, it was concluded that a legislative email is not classified as a public record and cited Hughes 152 N.H. in how that decision would be applied.
Therefore your request cannot be complied with as the emails of members are not subject to RSA 91-A.
Best Regards,

Paul C. Smith
Clerk of the House

From: Chris Brooks

To Whom it May Concern; I’m hereby appealing the denial of the public records request copied below. The state legislature is subject to the New Hampshire Public Records Law, and email constitutes a public record under New Hampshire law, and you’ve failed in your rejection to explain exactly how opinion the you reference exempts the email communications of legislators from the public records law. Furthermore, my request was not limited to email communications. I requested “electronic communications,” which encompasses text messages, direct messages on social media apps such as Twitter, Facebook, Snap Chat, etc.

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To Whom It May Concern:

Pursuant to the New Hampshire Right to Know Law, I hereby request the following records:

Any and all electronic communications (including but not limited to text messages and emails) of Rep. Richard "Dick" Hinch and staff, Rep. Sherman A. Packard and staff, Rep. Barbara J. Griffin and staff, Rep. John Graham and staff, Rep. Al Baldasaro and staff, Rep. Dave Danielson and staff, Rep. Larry Gagne and staff, Rep. Michael McCarthy and staff, Rep. Laurie J. Sanborn and staff, Rep. Victoria L. Sullivan and staff, Rep. Michale Vose and staff, Rep. Kathleen M. Hoelzel and staff, Rep. Bill Ohm and staff, Rep. David M. Bates and staff, Rep. Gregory Hill and staff, Rep. Debra DeSimone and staff, Rep. Carolyn Matthews and staff, Rep. Claire Rouillard and staff, Rep. Terry Wolf and staff, Sen. Chuck Morse and staff, Sen. Sharon Carson and staff, Sen. Jeb Bradley and staff, Sen. Jeff Woodburn and staff, Sen. Gary Daniels and staff, Sen. Regina Birdsell and staff, referencing, related to, concerning or containing mention of any of the following: the Supreme Court's decision in Janus v. AFSCME, Janus, Mark Janus, right-to-work or right to work legislation, right-to-work or right to work policies, right-to-work or right to work court rulings, RTW, labor, unions, agency fees, AFSCME, SEIU, AFT, NEA, 32BJ, Josiah Bartlett Center for Public Policy, Granite Institute, collective bargaining, union contracts, Freedom Foundation, American Legislative Exchange Council, ALEC, State Policy Network, SPN, Americans for Prosperity, Bradley Foundation, AFL, or the Mackinac Center.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Chris Brooks

From: New Hampshire House of Representatives

Dear Sir,
The New Hampshire House of Representatives is only subject to the contents of RSA 91-A that it has provided for in House Rules, specifically House Rule 110 which states "meetings of any committee of the House and Senate shall be open to the public subject to the provision of NH RSA 91-A." The records I have alluded to, email communications, are considered the subject of "legislative privilege" which is a constitutional right guaranteed to all legislators (superseding RSA 91-A, in addition to the rules of the body which only covers public access to the meetings heretofore stated).
The additional records you have asked for are outside the purview of government as Facebook, Twitter, etc., are not housed on state government servers and are outside legislative control/oversight.
Therefore, please understand that your request is not seeking public records, but in fact privileged legislative documents-and I am unable to provide you with same.
Sincerely,
Paul C. Smith
Clerk of the House of Representatives
603-271-2548

cc: Cianci, James - Legal Counsel

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