Union Leader Corp. v. New Hampshire Retirement System
162 N.H. 673
| N.H. | 2011Background
- NHRS is a public retirement system funded by contributions and investment income.
- Union Leader requested under RSA 91-A: list of top 500 pensioners and their annual benefits for 2009.
- NHRS denied but offered a December 2009 list of all state annuities with type, category, and last employer.
- Trial court ordered disclosure, finding records subject to mandatory disclosure and not an invasion of privacy.
- NHRS appealed, arguing I-a excludes retirement annuities; court and parties discussed privacy and public-interest balancing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RSA 91-A:4, I-a require disclosure of retirement annuities? | Union Leader—disclosure mandatory under I-a for all payments on retirement. | NHRS—I-a applies only to incentive payments to cause retirement, not annuities. | Ambiguous; I-a not compelled to disclose retirement annuities. |
| Is there a privacy interest in retirees’ names and benefit amounts? | Union Leader—privacy interests are not controlling; public interest vindicates disclosure. | NHRS—retirees have privacy rights that may exempt disclosure under RSA 91-A:5, IV. | Retirees have privacy interests, but they are not fatal to disclosure; balance weighs in favor of disclosure. |
| Did the court properly assess the public’s minimal interest in disclosure? | Union Leader—public interest in accountability and potential misuse warrants disclosure. | NHRS—minimal public interest in aggregate data; derivative-use concerns reduce disclosure value. | Public interest in knowing spending and administration outweighed privacy; disclosure appropriate. |
| Is Union Leader entitled to attorney’s fees and costs? | No; cross-appeal required to challenge fee denial; fee claim denied. |
Key Cases Cited
- Mans v. Lebanon School Dist., 112 N.H. 160 (1972) (salary disclosure not invasion of privacy; public salaries disclosure longstanding)
- Professional Firefighters of N.H. v. Local Government Center, 159 N.H. 699 (2010) (names and salary information discloseable; privacy interest not controlling)
- Lamy v. N.H. Pub. Utils. Comm., 152 N.H. 106 (2005) (privacy balancing framework for utility customer data; addresses differ from financials)
- Appeal of Gamas, 158 N.H. 646 (2009) (ambiguity prompts legislative-history aid in statutory interpretation)
- Union Leader Corp. v. N.H. Housing Fin. Auth., 142 N.H. 540 (1997) (privacy/public-interest balancing in Right-to-Know context)