Agreement on Temporary Injunction in Steinman Vs. Tuftonboro

Last week a preliminary hearing in Steinman vs Tuftonboro was cancelled at the 11th hour when the parties came to an agreement for a Stipulation on Preliminary Injunctive Relief. Rick Sager, the selectmen’s attorney, was kind enough to forward the agreement to me yesterday evening.

The Steinmans and the selectman have temporarily agreed to the location of the center line of Brown Road and the location of the Right of Way, without waiving any legal rights, “for the duration of this action or until amended by Court order.”

As long as they don’t encroach on the towns Right of Way, as temporarily agreed to, “the Steinmans may maintain the stonewall in its present location… on a temporary basis during the pendency [sic] of this action.”

Before the final hearing, the Steinmans may “extend the said stonewall along the temporarily stipulated right of way boundary line so as not to encroach the Town’s ROW to the water’s edge in compliance with all Town and State regulations.” However, they acknowledge if they do so the court may later require them to move the rocks.

The town agree to “take reasonable  steps to ensure the stones” (in their present location) are “secured against any third party removing” them.

The two parties acknowledge the Stipulation “does not create, extinguish, or limit any right for any member of the public to use any right of waay which may or may not exist in this location, but reserve the right to “proceed against any person whose actions are in disregard to the several rights of the parties hereto” through civil or criminal charges.

One of the points of agreement in the Stipulation is that the Town will “Notice this Order publicly in Town Records.” So it’s in the Town’s interest to get this information out, and I’m happy to do my small part. Still, Rick didn’t have to send it to me, so I thank him.

Tuftonboro Officials Give False Info About Emails

Selectmen Bill Marcussen and Lloyd Wood appear to be giving false information about having town-business related emails in their possession.

On November 3, 2016, I made a Right to Know request for emails that Carolyn Sundquist, then the chairman of the board of selectmen, had sent or received between January 1, 2016, and February 29, 2016. Instead of complying with the Right to Know law (RSA 91-A), the selectmen tried to charge me an illegal fee to access these public records. When I refused to pay the fee, which could have amounted to thousands of dollars, the selectmen sued me and Bob McWhirter. The selectmen eventually lost their case against me after eight months of litigation.

Nevertheless, the selectmen have refused to provide me with all of the emails I requested. They have sent me only the emails that Carolyn received, but not the emails that she sent. Their attorney, Richard Sager of Sager & Smith in Ossipee, NH, has admitted that the emails were deleted, which is a possible criminal violation of 91-A:9.

Because the selectmen refused to provide me the sent emails from Carolyn, last week I requested emails from Bill and Lloyd for the same months (January and February 2016). I did this because Bill and Lloyd may possess emails that Carolyn sent. Those are the emails that I am looking for and that any member of the public has a right to see.

The selectmen’s secretary, Karen Koch, emailed me yesterday and made the completely unbelievable claim that Bill and Lloyd do not have any emails for the two months in question.

Subject: request for emails
From: Tuftonboro Selectmen <selectmen@tuftonboro.org>
To: maximledoux@gmail.com

Mon, Dec 4, 2017 at 3:53 PM

Max,

I have been notified that you requested all town-related emails sent or received by Bill and Lloyd between January 1, 2016 and February 29, 2016.  Bill was not a selectman at this time but did serve on Town committees. He doesn’t believe that he has any emails from this time period.  He will verify this and if he finds anything I will notify you.

Lloyd doesn’t have any emails from this time period.

Karen

Karen Koch
Administrative Secretary
Town of Tuftonboro
240 Middle Road
P.O. Box 98
Ctr. Tuftonboro, NH 03816
(603) 569-4539 X10
selectmen@tuftonboro.org

This is not just unbelievable, it’s verifiably false. Here is an email that Bill sent to Lloyd, Carolyn, and Dan Duffy on Feb. 10, 2016, within the timeframe in question:

Bill and Lloyd are either misleading or forgetful, or they have deleted all of their emails.