That way, when the public meeting was held, there was little discussion and voting was perfunctory. The Nashua Telegraph challenged the practice in court, and a judge ruled in favor of the newspaper, ordering an end to the practice. Even though the meetings did not constitute a quorum of the board, public officials were meeting to discuss public business and the open-meeting law rules should apply. That means the meetings should have been posted and open to anyone who wanted to sit in. On the technology front, e-mail has made it possible for public officials to carry on a debate among board members, and arrive at a consensus on an issue, with no public discussion whatsoever.
Some municipal boards are faithful to the letter and spirit of the law.
Their meetings are posted with sufficient notice, and the public or press are welcome. Any votes are taken later in public, and minutes of the closed-door meeting are later made available. Other boards are not so faithful to the law. It is in fact a secret exchange of dialogue or information, behind closed doors, unavailable to the public. New Hampshire Press Association members were urged to avoid the rhetoric of the bureaucracy and call these meetings exactly what they are secret sessions.