Non-federal COVID-19 response (Office of the Governor - New Hampshire)

Emma North-Best filed this request with the Office of the Governor - New Hampshire of New Hampshire.
Multi Request Non-federal COVID-19 response
Est. Completion None
Status
Fix Required

Communications

From: Emma North-Best


To Whom It May Concern:

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

Memos, emails, letters, documents, reports, recorded phone calls and virtual meetings and other media discussing or describing COVID-19 response, shutdown and stay-at-home plans and orders, quarantines, and "re-opening" plans, as well as copies of discussions of COVID-19 with CDC, White House, FEMA or similar emergency management agencies, offices of Surgeons General and similar bodies, and management of medical facilities or organizations. This request excludes unsolicited messages from the public which received no response.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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,

Emma Best

From: Office of the Governor - New Hampshire

Hi Emma,

I am writing this email to acknowledge receipt of your request and let you know that it is under review. As an initial matter, it is the longstanding opinion of the New Hampshire Department of Justice that the New Hampshire Right to Know Law (RSA 91-A) does not apply to the Governor's Office. Our Office responds to such inquiries pursuant to Part 1, Article 8 of the New Hampshire Constitution to the extent applicable and subject to all privileges and defenses under New Hampshire law. While this Office is therefore not subject to the 5-day timeline provided for in RSA 91-A, we endeavor to respond to all inquiries as soon as possible.

Due to the time dedicated to responding to the COVID-19 pandemic, I anticipate that we will be able provide a further response to your request within 60 days. If that timeline changes, I will let you know.
Thanks,

John

John M. Formella
Legal Counsel
Office of Governor Christopher T. Sununu
State House
107 North Main Street - Rm 208
Concord, NH 03301
John.Formella@nh.gov<mailto:John.Formella@nh.gov>
(603) 271-8791

From: Office of the Governor - New Hampshire

Good afternoon Emma,

After completing a further review of your request, I have determined that the documents requested are covered by Executive Privilege and therefore not subject to disclosure. As your request is very broad, if you submit a new request that is narrower in focus and identifies documents with more particularity, we will re-evaluate your request at that time. At this point, we now consider this matter to be closed.
Thanks,

John

John M. Formella
Legal Counsel
Office of Governor Christopher T. Sununu
State House
107 North Main Street - Rm 208
Concord, NH 03301
John.Formella@nh.gov<mailto:John.Formella@nh.gov>
(603) 271-8791

Files

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