Drummond Woodsum Obtains Favorable Decision From the NH Supreme Court in a Significant Right-to-Know

The New Hampshire Supreme Court issued a decision this week providing clear guidance to New Hampshire school districts and municipalities responding to Right-to-Know requests for electronic records. In the matter of David K. Taylor v. School Administrative Unit (SAU) 55, the New Hampshire Supreme Court affirmed the lower court’s decision on all counts, holding that the SAU’s Right-to-Know procedure complies with state law. The Court also found no violations where the SAU charges for the cost of a thumb drive used to copy electronic documents, requires the requestors to appear in person at the SAU office to obtain the requested material and prohibits the use of email to deliver electronic records.  The decision also clarified that the statute does not require that electronic records be delivered in a specific electronic format.

James O’Shaughnessy and Demetrio Aspiras represented SAU 55 in the matter.  “This is a fantastic decision and we are pleased to be able to offer practical guidance to our NH school district and municipal clients that are increasingly responding to requests for electronic records,” commented Attorney O’Shaughnessy.

The following is an excerpt from the statement issued by SAU 55: “Dr. Metzler is very appreciative of the court’s ruling on the matter and once again asserts that the office procedure on fulfilling Right-to-Know requests is not only in full compliance with state statute but also affords members of the public an equitable process for the delivery of requested information.”

Click here to read the full decision.