Splaine: Governing done in public is governing done best

"Sunlight is the best disinfectant." Those words are attributed to Louis D. Brandeis and William O. Douglas, U.S. Supreme Court associate justices of long ago. One used the word "sunshine" — it doesn't matter because whether it's about science and germs or government and honesty, the truth is the same.

The New Hampshire Right-to-Know Law allows − but does not require − local governing bodies to hold limited discussions in private. It's a recognition there are times that elected and appointed officials may feel the need to meet privately, without cameras, the public, or reporters.

There are restrictions. The law is lengthy but generally it says that the governing body must publicly vote by roll call on a motion specifying the exemption allowed by law, and "all discussions held and decisions made during non-public session shall be confined to the matters set out in the motion." In other words, stray from the topic, end the meeting.

Exemptions generally include discussion about hiring, compensation, or disciplining of public employees; "matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the public body itself;" discussion about "the acquisition, sale, or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community;" and discussion of negotiations or litigation.

There are other exemptions, which can be found on the nh.gov website, or Google Search "91-A, NH Right-to-Know Law." Essentially, the law guarantees that most of the public's business is done in public. But not always. Members of governing bodies must have the discipline to follow the limitations, and residents of a community who feel the law is violated have to take the time to enforce it.

Bottom line: Residents have state law on their side to be sure their local elected and appointed officials do the right thing. Residents have power, and can use it. Being a city councilor for 18 years, 12 of those as assistant mayor, I've attended well over a hundred non-public meetings, in addition to others as police commissioner and school board member. Most were within the restrictions of the law, and the discussions were primarily limited as allowed by law. But not all. And not always.

There were times when I felt that something was discussed or about to be discussed that needed public awareness. Sometimes I or another member would ask the discussion be stopped, or that the meeting end. One time I was publicly censured by city councilors for revealing the purpose of a planned non-public meeting. I wear that censureship proudly − it was about consideration of a payout for a person involved in the Geraldine Webber tragedy of several years ago. That matter may be remembered by a lot of people, and eventually resulted in needed culture change in our police department − making it better than ever.

Let's hope whistleblowing doesn't become illegal. It's risky enough.

The N.H. Right-to-Know Law gives citizens the power to know what their government is doing, and those who are in government have to be more careful than ever about what they do. Violate it, they can be held personally responsible. This past year, the New Hampshire Legislature added an important new feature by establishing an expanded citizen process for filing a complaint about violation. The position of a Right-to-Know Law ombudsman is now part of the office of secretary of state. Details can be found on the state's website. It's ready for use.

Yes, governing done in public is governing done best. Addictive as private meetings may be, and habits are tough to break, those who govern us should challenge themselves to only discuss what absolutely must be in private, and have the discipline − the sense − to do the rest in the open. It's the law.

Splaine: McIntyre process has been hurt by 'groupthink' in Portsmouth

Today's quote: "91-A:1 Preamble. – Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people." − preamble of 91-A, New Hampshire Right-to-Know Law.

Next time: About city budgeting and salaries.

Searchable database: Salaries for all Portsmouth city-side employees in 2022

Searchable database: Salaries for all Portsmouth school employees in 2022

Variously since 1969, Jim Splaine has been Portsmouth assistant mayor for six terms, Police Commission member, and School Board member, as well as New Hampshire state senator for six years and representative for 24 years. He can be reached at jimsplaineportsmouth@gmail.com.

This article originally appeared on Portsmouth Herald: Splaine: Governing done in public is governing done best