Why It Matters
New Hampshire’s right-to-know ombudsman office sits vacant as the state marks Sunshine Week, an annual national initiative promoting government transparency. The absence of an active ombudsman removes a critical mechanism for resolving public records disputes without requiring citizens to pursue expensive lawsuits. During a fiscal year when lawmakers slashed state budgets, the position—originally established to interpret and enforce New Hampshire’s public records law—was restructured into a part-time role that has remained unfilled since its sole occupant resigned in 2025.
What Happened
New Hampshire established the Office of the Right-to-Know Ombudsman in 2022 to help citizens navigate disputes over government records access. Thomas Kehr, an attorney and former Department of Administrative Services official, became the state’s first ombudsman in late 2022. The office operated under New Hampshire’s public records statute, RSA 91-A, which grants residents access to most government documents while protecting certain categories including state employee personnel files, grand jury records, and public school test questions.
During the 2025 budget cycle, the Republican-controlled Legislature considered eliminating the $105,000 office entirely as part of broader spending cuts. Instead, lawmakers compromised by converting the position to part-time status with a reduced budget of $30,000. The office was simultaneously relocated from the Secretary of State’s Office to the newly created Office of State and Public Sector Labor Relations. Kehr resigned in response to these changes, leaving the ombudsman position unfilled.
The vacancy persists as New Hampshire observes Sunshine Week, March 15-21, a nationwide effort to advance government transparency and public access to information. Without an active ombudsman, citizens whose records requests are denied by state agencies have only one recourse: pursuing a lawsuit to challenge the denial—a costly and time-intensive process that most individuals and small organizations cannot afford.
By The Numbers
- The ombudsman position was budgeted at $105,000 as a full-time role before being reduced to $30,000 as a part-time position—a cut of approximately 71 percent.
- The office remained unfilled for the entirety of fiscal year 2025 following Kehr’s resignation.
- Senate Bill 626, a proposed limitation on right-to-know requests, was tabled before the Senate could vote on it earlier in March 2026.
- New Hampshire’s public records law exempts multiple categories of documents, including personnel files, grand jury materials, and standardized test questions.
Zoom Out
New Hampshire’s ombudsman vacancy reflects a broader national tension over government transparency and resource allocation. While most states maintain some mechanism for resolving records disputes, few have dedicated full-time ombudsman offices, and even fewer guarantee funding at levels comparable to New Hampshire’s original appropriation. States including Connecticut, Florida, and Tennessee employ ombudsmen in various capacities, though structural models and funding levels vary considerably.
The restructuring of New Hampshire’s office also aligns with efforts across multiple state governments to reduce spending on administrative functions. However, transparency advocates argue that public records access mechanisms serve essential democratic functions by allowing citizens, journalists, and civic organizations to monitor government operations.
Separately, efforts to restrict records access have surfaced in other states in recent years, typically framed around concerns about managing request volume or prioritizing local requesters. New Hampshire’s Senate Bill 626, which would have limited requests to state residents while carving out exceptions for out-of-state news organizations, represents a localized version of this trend.
Additionally, the state Commission on Government Efficiency—established by Governor Kelly Ayotte to identify budgetary efficiencies—recommended in a report last year that New Hampshire prioritize requests from state residents and organizations, a position that has not been adopted into law.
What’s Next
The ombudsman position remains open, though no timeline has been announced for filling it. The part-time structure and reduced $30,000 budget may complicate recruitment efforts, particularly given that the previous ombudsman held legal credentials and relevant government experience.
Senate Bill 626 was tabled before a full Senate vote, effectively halting—at least temporarily—any legislative effort to restrict right-to-know access to residents. Future attempts to modify the law or adjust ombudsman office structure may emerge in subsequent legislative sessions.
Citizens currently denied public records by state agencies must navigate the legal system independently or seek assistance from nonprofit organizations focused on transparency advocacy.