NHMA revises guidance on RTK requests, but is City of Rochester paying attention?

ROCHESTER - The City of Rochester has long sought to stymie The Rochester Voice's ability to obtain government documents because the digital daily is domiciled in Maine, but a recent statement by the New Hampshire Municipal Association, which lobbies for and provides guidance to municipal governments statewide, is now advising them that The Rochester Voice would "likely count as a citizen under RSA 91-A."
Here is the statement in full:
"Media Members who are Resident Citizens of Neighboring States Filing Right-to-Know Requests on Behalf of Publications with New Hampshire Addresses Likely Count as "Citizens" Under RSA 91-A."
Earlier this year the NHMA and its attorney, Natch Greyes, argued to the contrary before the House Judiciary Committee declaring that out-of-state RTK requests need not be honored because the current statute refers to "every citizen," not "any person." They premised that the word "citizen" means "New Hampshire citizen."
It's not clear when the NHMA posted this clarification, but what is clear is that the organization is suggesting that The Rochester Voice is qualified to receive all the protections that 91-A provides.
And while the City of Rochester and its attorney, Terence O'Rourke, regularly ignore The Rochester Voice's Right to Know requests because the digital daily is domiciled in Maine, the new guidance from NHMA states only that the business needs to have a New Hampshire mailing address, which The Rochester Voice and the former Lebanon Voice have had since their inception in 2012.
The NHMA statement (link at end of article) is followed by the New Hampshire Right to Know Ombudsman Thomas Kerr's decision on a complaint filed by The Rochester Voice in August that objected to the City of Rochester's decision to deny Right to Know requests from the digital daily.
The ombudsman's Nov. 3 decision was to make no finding, leaving it up to the legislature or judiciary to determine what the word "citizen" means in 91-A, prompting the city to file an appeal in Strafford Superior Court.
That appeal ended with Superior Court Judge Daniel E. Will handing down an 11-page decision on Aug. 13 that not only affirmed the ombudsman's decision, but also criticized the city for its capricious arguments and crabbed logic that The Rochester Voice need not be given 91-A protections, which include that the municipal government must reply in some way, shape or fashion within five business days to every Right to Know request.
Meanwhile, the City of Rochester has routinely ignored scores of Rochester Voice Right to Know requests since April 12, 2023.
The Rochester Voice reached out to NHMA President Margaret Byrnes multiple times this week to find out why her organization has changed its tune, but she never returned the call.
The NHMA is funded by the 221 towns and 13 cities across New Hampshire.
Locally, Rochester and Dover each pay about $30,000 for their 2024 dues, according to documents obtained by The Voice, followed by Somersworth $10,000, Barrington $8,000, Farmington $5,700, and Milton $1,100.
Rochester resident and Strafford District 6 state rep Cliff Newton said today he thinks the findings by the Ombudsman's Office, and especially Judge Will, constitute devastating losses for the city.
"The ombudsman said (The Rochester Voice) had standing to ask for Right to Know documents, and Judge Will went even further," Newton said. "He reiterated the importance of transparency. His decision absolutely hammered the city."
To view the NHMA's new policy on Right to Know and read the ombudsman's decision click here.