Union Leader Corporation v. Town of SalemAnnotate this Case
Plaintiffs Union Leader Corporation and American Civil Liberties Union of New Hampshire (ACLU-NH), appealed a superior court order denying their petition for the release of “complete, unredacted copies” of: (1) “the 120-page audit report of the Salem Police Department . . . dated October 12, 2018 focusing on internal affairs complaint investigations”; (2) “the 15-page addendum focused on the [Salem Police] Department’s culture”; and (3) “the 42-page audit report of the [Salem Police] Department dated September 19, 2018 focusing on time and attendance practices” (collectively referred to as the “Audit Report”). The trial court upheld many of the redactions made to the Audit Report by defendant Town of Salem (Town), concluding that they were required by the “internal personnel practices” exemption to the Right-to-Know Law, RSA chapter 91-A, as interpreted in Union Leader Corp. v. Fenniman, 136 N.H. 624 (1993), and its progeny. In a separate opinion, the New Hampshire Supreme Court overruled Fenniman to the extent that it broadly interpreted the “internal personnel practices” exemption and overruled our prior decisions to the extent that they relied on that broad interpretation. Here, the Court overruled Fenniman to the extent that it decided that records related to “internal personnel practices” were categorically exempt from disclosure under the Right-to-Know Law instead of being subject to a balancing test to determine whether such materials are exempt from disclosure. The Court overruled prior decisions to the extent that they applied the per se rule established in Fenniman. The Court vacated the trial court’s order and remanded for further proceedings in light of these changes.