So as discussed in Part 1, I submitted an RSA 91A Right To Know demand for Gunstock Area Commissioner Dr. David Strang’s emails, both inbound and outbound, associated with his official GAC email account. Commissioner Doug Lambert is refusing, in his Machiavellian way, to cough them up and is using delaying using what he believes to be taunting tactics obtusely, not to release what are official government records regardless of what Lambert believes to be the truth of Strang’s status of a Commissioner.
Remember, my request first went in on August 30. It is now September 22. On Sept 8 and again on Sept 19, I reminded him of his lawful duty.
From: Skip <Skip@granitegrok.com>
Sent: Monday, September 19, 2022 2:51 PM
To: Douglas Lambert <dlambert@GunstockCommissioners.org>; Jade L. Wood <JWood@gunstockcommissioners.org>; Denise Conroy <DConroy@GunstockCommissioners.org>
Cc: ‘Tom Day’ <TDay@gunstock.com>; ‘Cathy White’ <CWhite@gunstock.com>; Catherine McLaughlin <catherine@laconiadailysun.com>; Adam Hirshan <adam@laconiadailysun.com>
Subject: Re[3]: RSA 91A demand – Inbound and outbound emails from Commissioner Dr. David Strang’s official Gunstock Area Commission email accountCommissioner Lambert,
I have heard nothing back from the following request. I did, however, get the Responsive Records from Cathy White on the requested “purchase audit trail” documentation on 9/9 so it is clear that I am “email accessible”.
This RSA 91A demand is now 8 business days overdue (having waited the original 5 business days as outlined in the Law). Are you planning on following the letter of law or not?
Why are you illegally stalling in providing the Responsive Records that you do have in your possession? What are you hiding?
Would you be doing the same thing if the Laconia Daily Sun had issued such an RSA 91A demand?
-Skip
Skip Murphy
Founder, co-owner
GraniteGrok.com | Skip@GraniteGrok.com
Dominating the political Bandwidth in New Hampshire
And more delaying and obfuscation in return. In truth, he has become that which he once hated. Emphasis mine:
From: “Douglas Lambert” <dlambert@gunstockcommissioners.org>
To: “Jade L. Wood” <JWood@gunstockcommissioners.org>; “Denise Conroy” <DConroy@gunstockcommissioners.org>; “Skip” <Skip@granitegrok.com>
Cc: “‘Tom Day'” <TDay@gunstock.com>; “‘Cathy White'” <CWhite@gunstock.com>; “Catherine McLaughlin” <catherine@laconiadailysun.com>; “Adam Hirshan” <adam@laconiadailysun.com>
Sent: 9/19/2022 4:18:55 PM
Subject: Re: Re[3]: RSA 91A demand – Inbound and outbound emails from Commissioner Dr. David Strang’s official Gunstock Area Commission email accountMr. Murphy,
Please be advised that we are in receipt of your demand and are awaiting some guidance from legal counsel regarding this matter. We cannot do so until we address this at our next meeting.
As you know, I am NOT the systems administrator for these accounts and there are matters involving IT security and privacy at play. We cannot instruct the appropriate person(s) to gain entry without attaining the aforementioned legal advice first.
I am unsure of the exact timeline that will be needed, but once we hear back from the attorney, I will have a clearer understanding of what that answer will be.
I do not understand the Daily Sun reference as it pertains to this particular matter, so I really cannot comment to that.
I also have no idea what I might “be hiding,” as I have no clue as to the contents of former commissioner Strang’s emails, nor do I wish to.
Perhaps you could ask him for them in the meantime?
And of course, with that, he knows the answer as he locked Dr. David Strang out of his email account when he (meaning Lambert) decided to “make up a fact” that Strang resigned. Walking that political high wire again.
As always, we appreciate your interest and assistance in the ongoing success of the Gunstock Recreational Area.
Best Regards,
Douglas Lambert
Chair, Gunstock Area Commission
Two can play this game. Emphasis mine. And another payload:
From: “Skip” <Skip@granitegrok.com>
To: “Douglas Lambert” <dlambert@gunstockcommissioners.org>; “Jade L. Wood” <JWood@gunstockcommissioners.org>; “Denise Conroy” <DConroy@gunstockcommissioners.org>
Cc: “‘Tom Day'” <TDay@gunstock.com>; “‘Cathy White'” <CWhite@gunstock.com>; “Catherine McLaughlin” <catherine@laconiadailysun.com>; “Adam Hirshan” <adam@laconiadailysun.com>
Sent: 9/19/2022 4:48:38 PM
Subject: Re[5]: RSA 91A demand – Inbound and outbound emails from Commissioner Dr. David Strang’s official Gunstock Area Commission email accountCommissioner Lambert,
Having been in IT for almost 40 years, what you will most likely learn is that an entity, be it a company or a governmental agency, owns EVERYTHING. Including the IT systems and its contents. I am quite sure that your company has made it clear to your employees that all usage and content of your IT systems are always the property of DGF Industrial.
And quoted the Gunstock HR manual back to him:
After all, Gunstock itself makes it clear that it employs similar practices (emphasis mine):
ELECTRONIC COMMUNICATION SYSTEMS
Gunstock’s electronic communication systems and devices are intended for business purposes and may be used only during working time. Users should not have an expectation of privacy in anything they create, store, send or receive on any Company equipment, including personal devices accessing the Gunstock network and servers. Gunstock reserves the right to block and/or monitor internet access to any sites, monitor user’s electronic communication and monitor activity on other network connected devices. Since Gunstock’s communication and computer systems are intended for21 | P a g e
business use, all employees, upon request, must disclose their network access codes or passwords. Documents, messages, and software developed by employees or contract personnel on behalf of the Company, or that are purchased for the use of the Company, is Company property.
The Company reserves the right to access voicemail, email, and internet records without notice to users of the system, in the ordinary course of business when deemed appropriate to do so. Further, management may review internet usage to ensure that such use with Company property, or communications sent via the internet with Company property, is appropriate and legal. No employee may access, or attempt to access, another employee’s computer without appropriate authorization. Unauthorized download or duplication of copyrighted computer software violates the law and is strictly prohibited.
A Judge will look at that and a frown may well come across his or her forehead. After all, a Commissioner is responsible for Gunstock’s policies, n’est pas?
I continued:
No expectation of privacy. That’s what happens when you are part of Government. The precedent, as you well know, is that I have previously submitted Right To Knows for emails of Tom Day, Cathy White, and Rebecca LaPense as they are government employees and they followed the Law in doing so (for which I thank them again). In fact, Tom Day issued an email to his staff cautioning them to be careful what they put into emails as they are subject to RSA 91A as government records.
As an appointed Government agent, Commissioner Strang’s emails are also subject to Right To Know demands.
So, I doubled down:
As are yours. Consider this now to be a formal extension of my original RSA 91A in this regard:
This request is for any emails involving Gunstock Area Commissioner Douglas Lambert’s official Gunstock Area Commissioner email account for the time period of February 1, 2022 through September 19, 2022 (end of day):
- Individual inbound and outbound emails to/from the email account(s) provided to Douglas Lambert as part of his time being a Gunstock Area Commissioner.
The information for each responsive record shall include:
- TO fields, FROM fields – all addresses
- CC fields, BCC fields – all addresses
- DATE fields
- SUBJECT field
- The Body of the email itself
- Any and all attachments of any email message having such
Understand that this is not just for the emails that are presently in your inbox but for any such emails that have been on your email server be it local or outsourced. Backup systems (such as those used by your provider, Microsoft 365) are available for email recoverty and it is expected, as necessary, that they will be utilized in the performance of the legal document’s demand.
Per RSA 91-A:4 IV(c) If you deny any portion of this request, please cite the specific exemption used to justify the denial to make each record, or part thereof, unavailable for inspection along with a brief explanation of how the exemption applies to the information withheld.
As you are aware, in 2016, the New Hampshire Supreme Court ruled that a governmental body in possession of records is required to produce them in electronic media using standard common file formats: Green v. SAU #55, 168 N.H. 796, 801 (2016). Unless there is some reason that it is not reasonably practical to produce such, explain why it is not practical to comply.
Please also note, per RSA 91-A:4 III, III-a, and III-b, you are required to maintain the safety and accessibility of such responsive records. This also includes such responsive records (e.g., emails) which may have been deleted from respective Inboxes but are still available on the applicable email server or in your / email host backup system(s).
Please let me know when these records will be sent to me for inspection. You may email the responsive records to me at Skip@GraniteGrok.com. If the volume turns out to be substantial, I have already set up a Dropbox folder to use in uploading those responsive records.
Thank you for your lawful attention to this matter.
-Skip
Skip Murphy
Founder, co-owner
GraniteGrok.com | Skip@GraniteGrok.com
Dominating the political Bandwidth in New Hampshire
So, with no expectation of privacy that he claimed for Dr. Strang emails, that delaying tactic is off the table.
The clock now starts ticking on this new Right To Know.
