To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected.
Plaintiff, an aggrieved former select board member sued a sitting select board member claiming his reputation was injured through an improper disclosure of confidential information from a nonpublic session. Plaintiff sued to have the select board member removed from office under the oath of office statute, RSA 42:1-a. Plaintiff was also aggrieved he was not notified of a nonpublic session held pursuant to RSA 91-A:3, II (c) given that it was his reputation that would be harmed.