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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________

Strafford No. 2010-412

DAVID MONTENEGRO v. CITY OF DOVER

Submitted: June 16, 2011 Opinion Issued: November 2, 2011 David Montenegro, by brief, pro se.

Allan B. Krans, of Dover, by brief, for the City of Dover.

HICKS, J. The petitioner, David Montenegro, appeals an order of the Superior Court (Brown, J.) denying his petition under the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2010), requesting disclosure of information pertaining to certain surveillance equipment and procedures under the control of the respondent, the City of Dover (City). We affirm in part, reverse in part and remand. The following facts are recited in the trial court's order or are supported in the record. The petitioner filed a request with the City on January 14, 2010, seeking the disclosure of: (1) the precise locations of the City's surveillance equipment; (2) the recording capabilities for each piece of equipment; (3) the

specific time periods each piece of equipment is operational; (4) the retention time for any recordings; and (5) the job titles of those who monitor the recordings. On January 21, the City denied his request on the basis that "it would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions." In addition, the City stated that "disclosure could reasonably be expected to risk circumvention of the law." Nevertheless, the City represents that it disclosed to the petitioner: the general location and buildings where cameras are, or are proposed to be, sited; the number of cameras in or around each site; "[t]he capability and intent of the Dover Police to monitor cameras from remote locations"; the "intent of the Dover Police not to monitor the cameras on a regular basis," but to view them as needed when it would assist in law enforcement; "[t]he cost of the security equipment"; "[t]he names of the vendors installing the security equipment"; "[t]he contracts for installing the security equipment"; and when the equipment was installed. Subsequently, the petitioner filed a petition with the superior court, seeking the information he had requested from the City. On March 26, the trial court held a hearing at which the City provided the court with a Vaughn index describing each document withheld or redacted, and justifying the reason for nondisclosure. See Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973); Union Leader Corp. v. N.H. Housing Fin. Auth., 142 N.H. 540, 548-49 (1997) (discussing use of Vaughn index). The court found that the City had sustained its burden of justifying withholding the precise locations of the City's surveillance equipment, the type of recording capabilities for each piece of equipment, the specific time periods each piece of equipment is expected to be operational, and the retention time for any recordings. The court also found the job titles of those who monitor the surveillance recordings exempt from disclosure as "internal personnel practices" pursuant to RSA 91-A:5, IV (Supp. 2010). On appeal, the petitioner argues that: (1) the federal Freedom of Information Act (FOIA), 5 U.S.C.

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