As city's RTK appeal lingers in court, bill that makes it moot now afoot in Concord

DOUBLING DOWN: Inset, Rochester Attorney Terence O'Rourke and City Manager Katie Ambrose (Courtesy live stream City of Rochester)

ROCHESTER - The Rochester Voice has obtained a copy of House Bill 1069, which would allow "any person" to electronically request Right to Know documents from any public body without having to travel to city offices during regular business hours, as the City of Rochester has previously required.
The bill along with its amendment - 0406 - eliminates any reference to "citizen," a term Rochester officials have used as a cudgel to prevent The Rochester Voice from inspecting government documents to inform its readers of what their government is up to.
HB 1069 also enshrines the right of "any person" to request and receive government documents digitally, without having to show up in person at government agencies during regular business hours as has also been previously required by the City of Rochester.
If the bill is signed by the governor the only exceptions to digital delivery are if the files are not stored digitally or if there is some security issues with digital delivery.
The bill also states that no charge can be made for records delivered electronically.
Judiciary Committee Chair and former New Hampshire Supreme Court Chief Justice Bob Lynn last month expressed his incredulity that the City of Rochester would deny The Rochester Voice Right to Know documents because its editor, Harrison Thorp, is not a citizen of New Hampshire.
"That strikes me as incredible, that is amazing someone would take that position," he said during a public hearing.
Both Rochester City Attorney Terence O'Rourke and Rochester City Manager Katie Ambrose remain committed to denying The Rochester Voice the protections of 91-A, including refusing to respond to Right to Know requests within five business days.
On Jan. 20 The Rochester Voice submitted a Right to Know request for all government documents including emails between O'Rourke, Ambrose and the New Hampshire Municipal Association concerning Right to Know or 91-A issues from August through October.
Almost four weeks later The Rochester Voice has received nothing.

In a reply to a July 20 email from The Rochester Voice asking Ambrose to end the "citizen" requirement she replied, "The response from City Attorney O'Rourke still stands unless there has been a change in the status of your citizenship."

Meanwhile, the City of Rochester's appeal of the state's Right to Know Ombudsman's decision on a complaint brought by The Rochester Voice continues at Strafford Superior Court.
A hearing on the merits awaits scheduling following a request for a continuance by O'Rourke.
HB 1069 will now go before the full house on the consent calendar, which means it is expected to pass easily and is considered "noncontroversial."