Office of the Right to Know Ombudsman
Information on the Right to Know Ombudsman
The Office of the Right to Know Ombudsman (also known as the “RKO”) is a state agency created by Laws 2022, Ch. 250 (see gencourt.state.nh.us/bill_status/legacy/bs2016/billText.aspx?sy=2022&id=627&txtFormat=html) so as to provide the public with a “simpler, less expensive, and faster” alternative to the Superior Court in resolving complaints under RSA 91-A, the State’s “Access to Governmental Records and Meetings” law, commonly known as the “Right to Know” law. Laws 2022, Ch. 250:1. The office began actual operations on January 27, 2023. It is attached to the Secretary of State for administrative purposes, but exercises its powers, duties, functions and responsibilities independently of that department and without the approval or control of the Secretary of State. See RSA 91-A: 7-a; RSA 21-G: 10, I (a). The RKO addresses only matters arising under RSA 91-A and, unlike a court, cannot address claims of a violation of law other than those arising under that statute.
Review of the RKO’s substantive work is by way of appeal to the Superior Court. See RSA 91-A: 7-c.
RSA 91-A:7-b provides that:
I. Any person aggrieved by a violation of this chapter may petition the superior court for injunctive relief. In order to satisfy the purposes of this chapter, the courts shall give proceedings under this chapter high priority on the court calendar. Such a petitioner may appear with or without counsel. The petition shall be deemed sufficient if it states facts constituting a violation of this chapter, and may be filed by the petitioner or his or her counsel with the clerk of court.
II. In lieu of the procedure under paragraph I, an aggrieved person may file a complaint with the ombudsman under RSA 91-A:7-a and in accordance with RSA 91-A:7-b.
III. A person's decision to petition the superior court forecloses the ability to file a complaint with the ombudsman pursuant to RSA 91-A:7-b.
IV. A person's decision to file a complaint with the ombudsman forecloses the ability to petition the superior court until the ombudsman issues a final ruling or the deadline for such a ruling has passed.
The Office was first staffed by a single individual on January 27, 2023 and remains so staffed at present. Unless renewed prior to July 1, 2025 the office is currently set by law to expire on that date. See Laws 2022, Ch. 250: 1, 6 and 7.
Thomas F. Kehr was appointed to the Office of the Right to Know Ombudsman on January 27, 2023 for a term through July 1, 2025. The telephone number of the office is (603) 271-3277. The office’s email is Thomas.kehr@sos.nh.gov. Its physical address is Room 12, State House Annex, 25 Capitol Street, Concord, NH 03301. The RKO does not represent either party in a proceeding and serves as a neutral decision-maker. Accordingly, the office is unable to provide legal advice to callers and cannot address particular disputes by email or telephone. Those wishing to bring a dispute to the Ombudsman’s attention must do so by submitting a hard-copy complaint and the required filing fee of $25 (unless waived) to the address above, using the complaint process of RSA 91-A: 7-b Section 91-A:7-b Complaint Process. (state.nh.us).
To learn more about the Office of the Right to Know Ombudsman please visit the “Frequently Asked Questions" link appearing below and the information appearing at RSA 91-A:7-a through 7-c
RSA 91-A :7(a-d)
The administrative rules of the office can be found at https://www.gencourt.state.nh.us/rules/state_agencies/rko.html
FORMS
The complaint, appearance and response forms used by the office as of May 20, 2024 are located here:
These forms may be executed electronically but must be submitted to the Office of the Right to Know Ombudsman in hard copy rather than by e-mail.
Notice of Case Hearings
Important Notices
February 20, 2025: Telephone calls to the Office of the Right to Know Ombudsman are generally answered by a voicemail message. For some time, the telephone system to which the office is connected has had difficulties. It is unlikely that the RKO can be reached by telephone. The office’s e-mail address is Thomas.kehr@sos.nh.gov.
February 19, 2025: Pursuant to administrative rule RKO 102.04, the office has now issued its first “annual” report. The report can be found here
January 7, 2025: Legislative Services Request (LSR) 2025-0070 has been drafted as a bill (HB 111) entitled “extending the position of right-to-know ombudsman for 2 years”) See New Hampshire Legislative Service Requests (LSR's). Progress of this bill may be tracked using the New Hampshire General Court’s “Current Bills” search system found here: The General Court of New Hampshire