New Hampshire Revised Statutes 42:1-a – Manner of Dismissal; Breach of Confidentiality
Current as of: 2023 | Check for updates
|
Other versions
I. The manner of dismissing a town officer who violates the oath as set forth in N.H. Rev. Stat. § 42:1 shall be by petition to the superior court for the county in which the town is located.
II. Without limiting other causes for such a dismissal, it shall be considered a violation of a town officer’s oath for the officer to divulge to the public any information which that officer learned by virtue of his official position, or in the course of his official duties, if:
(a) A public body properly voted to withhold that information from the public by a vote of
2/3, as required by N.H. Rev. Stat. § 91-A:3, III, and if divulgence of such information would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or would render proposed municipal action ineffective; or
(b) The officer knew or reasonably should have known that the information was exempt from disclosure pursuant to N.H. Rev. Stat. § 91-A:5, and that its divulgence would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or agency, or would render proposed municipal action ineffective.
III. No town officer who is required by an order of a court to divulge information outlined in paragraph II in a legal proceeding under oath shall be guilty of a violation under this section.
II. Without limiting other causes for such a dismissal, it shall be considered a violation of a town officer’s oath for the officer to divulge to the public any information which that officer learned by virtue of his official position, or in the course of his official duties, if:
Terms Used In New Hampshire Revised Statutes 42:1-a
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- Oath: A promise to tell the truth.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- under oath: when used in connection with a document to be filed with the court or a state agency, which does not require a notary acknowledgment or notarization under New Hampshire law, shall be satisfied by electronic signature "under the penalty of perjury" if the document is filed with the court or state agency electronically, and if the document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both. See New Hampshire Revised Statutes 21:52
(a) A public body properly voted to withhold that information from the public by a vote of
2/3, as required by N.H. Rev. Stat. § 91-A:3, III, and if divulgence of such information would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or would render proposed municipal action ineffective; or
(b) The officer knew or reasonably should have known that the information was exempt from disclosure pursuant to N.H. Rev. Stat. § 91-A:5, and that its divulgence would constitute an invasion of privacy, or would adversely affect the reputation of some person other than a member of the public body or agency, or would render proposed municipal action ineffective.
III. No town officer who is required by an order of a court to divulge information outlined in paragraph II in a legal proceeding under oath shall be guilty of a violation under this section.