New Hampshire Code of Administrative Rules Rko - Ombudsman, Office of the Right-to-Know Ombudsman
🏛️ Overview of the Office of the Right-to-Know Ombudsman
The Right-to-Know Ombudsman is an independent entity administratively attached to the Office of State and Public Sector Labor Relations. The ombudsman is appointed by the governor and council and is responsible for addressing complaints related to violations of RSA 91-A. The office's role is quasi-judicial, focusing solely on determining whether a violation of RSA 91-A has occurred. It does not provide legal advice or address specific disputes via email or telephone; complaints must be submitted in writing with the required filing fee
📜 Administrative Rules: RKO 100–300
The administrative rules governing the Ombudsman's office are codified in Chapters RKO 100 to RKO 300. These rules, effective for cases filed on or after May 20, 2024, outline the procedural framework for handling complaints, including filing requirements, timelines, and decision-making processes. For instance, RKO 202.03 addresses ex parte communications, prohibiting parties from engaging in prohibited ex parte communications with the ombudsman, thereby ensuring impartiality in proceedings
⚖️ Legal Framework and Case Law
The Right-to-Know Law (RSA 91-A) grants the public the right to access governmental records. Under RSA 91-A:7-a, individuals aggrieved by a violation may file a complaint with the ombudsman or petition the superior court for injunctive relief. However, choosing one route forecloses the other until a final ruling is issued or the deadline for such a ruling has passed
A notable case illustrating the application of RSA 91-A is the 2006 lawsuit filed by Frederick J. Murray against the New Hampshire State Police and others. Murray sought the release of records related to the disappearance of his daughter, Maura Murray. The court's decision in this case led to the establishment of what is known as the "Murray Exemption," which exempts certain law enforcement records from disclosure if their release could interfere with enforcement proceedings, deprive a person of a fair trial, or constitute an unwarranted invasion of personal privacy
📝 Filing a Complaint with the Ombudsman
To file a complaint with the Office of the Right-to-Know Ombudsman:
Prepare Your Complaint: Clearly outline the facts constituting the alleged violation of RSA 91-A.
Submit the Complaint: Mail the complaint in hard copy to the Office of the Right-to-Know Ombudsman, Room 313, State House Annex, 25 Capitol Street, Concord, NH 03301.
Include the Filing Fee: Enclose the required filing fee as specified by the office.
The ombudsman will review the complaint and issue a ruling. If the ruling is not appealed within 30 days, it may be registered in Merrimack County Superior Court as an enforceable judgment
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