How to File a Public Records Request in Pelham, New Hampshire

What Is the New Hampshire Right to Know Law?

New Hampshire's Right to Know Law, codified at RSA Chapter 91-A (§§ 91-A:1 through 91-A:9), declares that "openness in the conduct of public business is essential to a democratic society." It guarantees every citizen the right to inspect and copy governmental records held by public bodies and agencies — from state departments to municipal boards and commissions — during regular business hours.

A "governmental record" is broadly defined under RSA 91-A:1-a as any information created, accepted, or obtained by a public body or agency in furtherance of its official function, in any physical form. This includes permits, meeting minutes, contracts, budgets, emails, text messages, settlement agreements, and other documents generated in the course of official business.

Key exemptions under RSA 91-A:5 include personal school records, grand jury records, attorney-client privileged communications, certain personnel records, and records whose disclosure would constitute an invasion of privacy. The burden falls on the government — not the requester — to justify withholding. New Hampshire courts have consistently construed disclosure provisions broadly and exemptions narrowly.

Read the full text of the New Hampshire Right-to-Know Law (New Hampshire RSA Chapter 91-A (RSA 91-A:1 through 91-A:9))

How to File a Public Records Request with the Town of Pelham

How to Submit Your Request

Pelham's Right to Know policy requires that all RTK requests be submitted in person at the Board of Selectmen's Office, 6 Village Green, Pelham, NH 03076, during normal business hours. This requirement applies to all requesters — residents, non-residents, and out-of-state individuals alike. Remote submissions by email, mail, phone, or online will not be processed. When you arrive, ask for the RTK request form, complete it on-site, and submit it to the office staff. If the records you need are not readily available online through the town's website, you must appear in person to make the request. Town staff are expected to take reasonable steps to inform you of any related records that may also be applicable to your inquiry. For planning or complex requests, call (603) 635-8233 in advance to confirm availability.

Download Required Form

What to Include in Your Request

• A clear and specific description of the governmental records you are requesting
• The date range or time period covered by your request
• Your name and contact information so staff can follow up if clarification is needed
• Preferred format for receiving records (paper copy, electronic file, inspection only)
• Any specific department or official who created or received the records
• A statement that the request is made pursuant to NH RSA 91-A (the Right to Know Law)
• A note if you wish to be notified of any anticipated copying fees before they are assessed

Response Deadlines and What to Expect

Under RSA 91-A:4, IV, a public body or agency must respond to a Right to Know request within five business days. The statute does not distinguish between residents and non-residents in this timeline, though Pelham's policy notes that out-of-state requests are handled on a case-by-case basis consistent with the U.S. Supreme Court's ruling in McBurney v. Young, 569 U.S. 221 (2013).

The five-day response period means the town must either provide the records, deny the request in writing with the specific statutory exemption cited, or notify you that more time is needed to fulfill the request. If additional time is required, the town should explain when the records will be available. Pelham's policy distinguishes between records that can be immediately released and those requiring additional resources or staff support to compile.

For records that are immediately available — such as posted meeting minutes or standard permit documents — access should be granted during your in-person visit. For requests requiring compilation or redaction, a follow-up appointment may be necessary. Under RSA 91-A:4, IV(d), copying fees may be charged at the actual cost of reproduction. There is no charge to simply inspect records in person. Pelham's police department maintains its own fee schedule for accident and incident reports — the first four pages are free, $5.00 for five pages, and $0.50 per page thereafter.

What to Do If Your Request Is Denied or Delayed

If Pelham's Board of Selectmen's Office denies your request, in whole or in part, RSA 91-A:4, IV(b) requires them to provide a written statement citing the specific exemption under RSA 91-A:5 that justifies withholding the record and a brief explanation of how that exemption applies. A vague or blanket denial — without identifying the specific statutory basis — is itself a violation of the Right to Know Law.

Common reasons for denial include claims that records are exempt as personnel files, attorney-client privileged communications, preliminary drafts, or records whose disclosure would constitute an invasion of privacy. Some of these exemptions involve balancing tests — courts weigh the public's interest in disclosure against the individual or governmental interest in confidentiality. A denial on privacy grounds, for instance, is not automatic; the agency must demonstrate that the privacy interest outweighs the public benefit.

If your request is denied or you receive no response within five business days, you have two paths under RSA 91-A:7:

First, you may file a complaint with the Office of the Right to Know Ombudsman (RSA 91-A:7-a through 7-d), a state agency established in 2022 to provide a faster and less expensive alternative to litigation. The complaint must be signed and in writing and accompanied by a $25 filing fee (waivable for financial hardship). The ombudsman must issue a written decision within 30 days.

Second, you may petition the superior court directly for injunctive relief under RSA 91-A:7, I. Courts give these proceedings high priority on their calendars. Note that choosing one path forecloses the other until a final decision is issued.

If you prevail — either before the ombudsman or in court — the agency may be ordered to pay your attorney's fees if it "knew or should have known" its conduct violated the law under RSA 91-A:8. The ombudsman may also impose civil penalties of up to $2,000 and order remedial training for non-compliant officials.

Steps to Appeal

1. Review the written denial and confirm it cites a specific statutory exemption under RSA 91-A:5 — a denial without this is itself a violation.
2. Contact the Board of Selectmen's Office directly to clarify the basis for the denial and ask whether any responsive records can be partially released.
3. If denied without adequate justification or if no response is received within five business days, gather your request and any written correspondence for the next step.
4. File a signed written complaint with the Office of the Right to Know Ombudsman (State House Annex, Room 313, 25 Capitol Street, Concord, NH 03301) with a $25 fee; request a fee waiver if you cannot afford it — the ombudsman has discretion to waive it under RSA 91-A:7-b.
5. Alternatively, petition the Hillsborough County Superior Court for injunctive relief under RSA 91-A:7, I — these cases receive high calendar priority and you may appear with or without an attorney.
6. If you prevail before the ombudsman or in court, request attorney's fees under RSA 91-A:8 — they are available when the public body knew or should have known its conduct violated the law.
7. If the ombudsman rules against you, appeal to superior court within 30 days of the ruling; citizen-initiated appeals carry no filing fee under RSA 91-A:7-c.

Types of Records You Can Request from Pelham, New Hampshire

The New Hampshire Right to Know Law broadly covers any governmental record created or obtained by the Town of Pelham in the course of its official functions. The following are examples of records commonly requested from municipal governments like Pelham.

• Board of Selectmen meeting minutes and agendas
• Town Administrator communications and correspondence
• Building permits, inspections, and code enforcement records
• Zoning Board of Adjustment decisions and variance applications
• Planning Board approvals, site plans, and subdivision records
• Town contracts, vendor agreements, and procurement documents
• Road maintenance contracts and Highway Department records
• Police Department incident reports and accident reports
• Budget documents, appropriations, and expenditure records
• Property tax assessment records and abatement applications
• Employee salary and compensation records (public-sector pay is a public record)
• Settlement agreements involving the Town of Pelham
• Conservation Commission meeting minutes and land acquisition documents
• School-related records held by the town (excluding personal student records)
• Water Commission reports and environmental compliance records

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Town of Pelham to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Pelham