How to File a Public Records Request in Windham, 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:10), guarantees the public's right to inspect and copy governmental records held by every public body in the state — from state agencies to local selectmen's offices, conservation commissions, and school boards. The law's preamble declares that openness in government is essential to a democratic society and that the greatest possible public access to government actions is its central purpose.

A "governmental record" is broadly defined as any information created, accepted, or obtained by a public body during its official functions — including documents, emails, text messages, photographs, maps, contracts, meeting minutes, and building permits. The law covers records already in existence; agencies are not required to create new records or compile data in a format it does not already maintain.

Key exemptions under RSA 91-A:5 include personnel files where employee privacy interests outweigh public benefit, active law enforcement investigative records, grand jury materials, attorney-client privileged communications, and records made confidential by other statutes. Exemptions are construed narrowly. If any portion of a request is denied, the agency must provide a written statement identifying the specific exemption relied upon. The burden of justifying any withholding falls on the government — not on the requester.

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 Windham

How to Submit Your Request

The Town of Windham strongly encourages requesters to use its official Right to Know Request Form, which is appended to Ordinance WIN 5:00:23:25 and available on the Town's website and at the Town Clerk's Office at 3 North Lowell Road. Complete the form and submit it by email to townadmin@windhamnh.gov, by mail to 4 North Lowell Road, Windham, NH 03087, or in person at the Administrative Offices during regular business hours (Monday–Friday, 8:00 AM–4:00 PM). Note that requests received after 4:00 PM on a business day, or on days when Town offices are closed, are deemed received on the following business day. While requests submitted without the form via email will be accepted and processed under RSA 91-A, you will be directed to the official form and asked to resubmit. Using the form helps ensure your request is routed correctly and processed without delay.

Download Required Form

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, or email address for response)
• A specific and detailed description of the records you are requesting, including relevant dates or date ranges
• The department or office most likely to hold the requested records
• Your preferred format for receiving records (electronic PDF, hard copy, or in-person inspection)
• A statement of your maximum fee threshold, or a request for a fee waiver if applicable
• The date of your request
• Any applicable statutory citation or reference to RSA Chapter 91-A to make the request's legal basis clear

Response Deadlines and What to Expect

Under RSA 91-A:4, the Town of Windham must respond to a Right to Know Request within five business days. Unlike some states that distinguish between resident and non-resident requesters, New Hampshire's Right-to-Know Law applies uniformly — the same five-business-day deadline applies to all requesters.

Windham's own Right to Know Request Policy (Ordinance WIN 5:00:23:25) further defines when the clock starts: requests received after 4:00 PM on a business day, or on any day the Administrative Offices are closed, are not deemed received until the following business day. "Business day" means days the Windham Administrative Offices are open to the public — weekends, holidays, and other closure days do not count.

A "response" within five business days does not necessarily mean the Town will hand over all records by that deadline. If the records are immediately available, the Town will provide them. If they are not immediately available, the initial response will identify when records are anticipated to be ready and provide a reasonable timeline for fulfillment.

For hard copies, Windham charges $1.00 per 8.5" × 11" page and $1.50 per 11" × 17" page. For large electronic records requests, an additional fee of $1.00 applies for every electronic communication beyond the first 250. If copying costs are expected to exceed $25, the Town will provide a written estimate before proceeding. Fee waivers are available for indigent individuals or where disclosure significantly serves the public interest.

What to Do If Your Request Is Denied or Delayed

If the Town of Windham denies all or part of your Right to Know Request, it must provide a written statement citing the specific exemption under RSA 91-A:5 that justifies the denial. Partial denials are common — the Town must release all non-exempt portions of a record even when some portions are withheld.

Common reasons for denial or delay include: the records are exempt under RSA 91-A:5 (e.g., active law enforcement investigative materials, personnel files, attorney-client communications); the records do not exist; the request is framed as a general inquiry rather than a request for a specific existing record; or the request asks the Town to compile, cross-reference, or assemble information in a format it does not already maintain.

If you believe a denial is improper, Windham's policy provides an internal grievance process: you may submit a written grievance to the Town Administrator, who must either schedule a hearing (within 20 days) or issue a written decision within 10 days of receiving the grievance. This informal step can resolve issues quickly without legal action.

If the internal process does not resolve the dispute, you have two formal options under state law. You may file a written, signed complaint with the Office of the Right-to-Know Ombudsman under RSA 91-A:7-a (note: as of April 2026, the ombudsman position is vacant — check current status before filing). Alternatively, you may petition the Rockingham County Superior Court directly under RSA 91-A:7. If the court finds the Town committed a knowing or willful violation, it may award attorney fees and litigation costs to you as the prevailing requester under RSA 91-A:8.

Steps to Appeal

1. Review the denial letter carefully — the Town must cite the specific RSA 91-A:5 exemption relied upon for each withheld record.
2. Contact the Town Administrator informally by phone or email to discuss the denial and seek clarification or voluntary reconsideration.
3. Submit a formal written grievance to the Town Administrator pursuant to Windham's Right to Know Request Policy (Ordinance WIN 5:00:23:25) — the Town has 10 days to schedule a hearing or issue a written decision.
4. File a written, signed complaint with the Office of the Right-to-Know Ombudsman under RSA 91-A:7-a (note: as of April 2026, the ombudsman position is vacant — verify current status at nh.gov before using this avenue).
5. Petition the Rockingham County Superior Court for a declaratory judgment under RSA 91-A:7 — courts interpret the Right-to-Know Law broadly in favor of disclosure.
6. If the court finds a knowing or willful violation, seek attorney fees and litigation costs under RSA 91-A:8 — the fee award standard requires a finding that the violation was knowing or willful, not merely that you prevailed.
7. Contact the New Hampshire Civil Liberties Union or a media law attorney for assistance if your request involves matters of significant public interest.

Types of Records You Can Request from Windham, New Hampshire

The Town of Windham generates a wide variety of governmental records in the course of its daily operations. Under RSA 91-A, virtually all of these records are presumptively public unless a specific statutory exemption applies.

• Board of Selectmen meeting minutes and agendas
• Town Administrator correspondence and official communications
• Building permits, zoning applications, and variance decisions
• Town contracts, vendor agreements, and procurement records
• Planning Board and Zoning Board of Adjustment records and decisions
• Annual town budget documents and financial reports
• Tax assessment records and property valuation data
• Police Department incident reports and arrest logs (non-investigative)
• Highway Department maintenance records and road project files
• Transfer station and solid waste management records
• Community Development Department inspection and code enforcement records
• Personnel policies and collective bargaining agreements (non-individual)
• Nesmith Library financial and administrative records
• Voter registration records maintained by the Town Clerk
• Cemetery trustee records and related administrative documents

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

Tips for Effective Public Records Requests in Windham