CHAPTER 91-A ACCESS TO PUBLIC RECORDS AND MEETINGS
Section 91-A:8
91-A:8 Remedies. – I. If any body or agency or employee or member
thereof, in violation of the provisions of this chapter, refuses to provide a
public record or refuses access to a public proceeding to a person who
reasonably requests the same, such body, agency, or person
shall be liable for
reasonable attorney's fees and costs incurred in a lawsuit under this chapter
provided that the court finds that such lawsuit was necessary in order to make
the information available or the proceeding open to the public.
Fees shall not
be awarded unless the court finds that the body, agency or person knew or should
have known that the conduct engaged in was a violation of this chapter or where
the parties, by agreement, provide that no such fees shall be paid. In any case
where fees are awarded under this chapter, upon a finding that an officer,
employee, or other official of a public body or agency has acted in bad faith in
refusing to allow access to a public proceeding or to provide a public record,
the court may award such fees personally against such officer, employee, or
other official.
I-a. The court may award attorneys' fees
to a board, agency or employee or member thereof, for having to defend against a
person's lawsuit under the provisions of this chapter, when the court makes an
affirmative finding that the lawsuit is in bad faith, frivolous, unjust,
vexatious, wanton, or oppressive.
II. The court may
invalidate an action of a public body or agency taken at a meeting held in
violation of the provisions of this chapter, if the circumstances justify such
invalidation.
III. In addition to any other relief
awarded pursuant to this chapter, the court may issue an order to enjoin future
violations of this chapter.