From: Norman J Silber
Sent: Thursday, October 13, 2022, 5:44 PM
To: tday@gunstock.com
Subject: RSA 91-A demand/request
To Tom Day- President & General Manager of the Gunstock Recreation Area:
Pursuant to the provisions of New Hampshire Revised Statutes Annotated Chapter 91-A, I hereby demand that you furnish me with the following documents within the time periods required by the statutes in that chapter:
1- Copies of each and every contract or agreement for Soulfest (also known as the Soulfest Christian Music Festival), and any amendments thereto.
2. Copies of any and all documents that reflect or show the Gross Revenues from Soulfest for each of the past 5 years, broken down by year. Please note this is gross revenue, not gross profit.
3. Copies of any and all documents that reflect or show the number of attendees at the Soulfest event for each of the past 5 years, broken down by year.
4. Copies of any and all documents that reflect or show Gross Revenue from the campground at Gunstock for each of the past 5 years for the week of Soulfest.
5. Copies of any and all documents that reflect or show a number of campground vacancies during the week of Soulfest for each of the past 5 years.
6. Copies of any and all emails to, from, and/or between Soulfest management or staff or employees and any Gunstock employees, including management and Gunstock Area Commissioners.
7. Copies of any and all documents that reflect or show any payouts from Gunstock to Soulfest for contract termination.
In accordance with 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, available for inspection along with a brief explanation of how the exemption applies to the information withheld.
Please note that 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 NH 796, 801 (2016). Unless there is some valid reason that it is not reasonably practicable for you to produce these records in the requested format, I ask that you either do so or explain why it is not practicable for you to comply.
Please also note that under 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 njs@silbersnh.com. However, if the volume turns out to be substantial, I can provide you with a Dropbox folder for all of the responsive records to be uploaded.
Norman J. Silber
Member of The Florida Bar & the New Hampshire Bar
