1 Summary Town of Kent Conservation Advisory Committee Chairman, George Baum of Kent NY, in addition to using anti-Catholic slurs in his official email communications (see below), also protected known vandals “Dr.” Phil Imbrogno and his protégé, Renee Fleury of the KEPRI organization. He withheld vital information from Town of Kent officials and the New York Times regarding their vandalism, and misled the Town regarding Fleury’s credentials. After tipping Fleury off that people were investigating her vandalism, Baum then went to the fire tower on Mount Nimham to paint it over before the Kent Police could investigate. He then stated that he had to forward the emails to her because of the Freedom of Information Act (FOIA) requirements, but the New York State Committee on Open Government, the agency that serves as the overseers of the FOIA, issued an advisory opinion completely disputing his claim. After initially claiming that Baum was justified in forwarding the emails to Fleury, Town Attorney Timothy Curtiss later stated that the Town had “not retained” any of these emails (i.e., “deleted”) when they were requested through the FOIL process. Therefore, the emails from private citizens were deemed as “public documents” by the Town, while emails from appointed Town officials were deemed as “private correspondence”. These claims were repeated by Town Supervisor Katherine Doherty, the town’s Chief Records Officer, in denying the FOIL appeals. Curtiss, Baum, Doherty, Imbrogno and Fleury were all defended by local anarchist and self-admitted vandal, Jeff Green, of Kent on his internet blog “PlanPutnam”. Green also allowed the fraudster and stolen valor culprit, Phil Imbrogno, to issue repeated written threats against the preservationists. Baum then filed a $1 million SLAPP (Strategic Lawsuit Against Public Participation) lawsuit against the preservationists to harass, intimidate, and silence his critics as he sought renewals of the Town’s stewardship agreements with the DEC and DEP. This cesspool of public deception, cover-up, harassment, intimidation, and potential
Transcript
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Summary
Town of Kent Conservation Advisory Committee Chairman, George Baum of Kent NY, in addition to using anti-Catholic slurs in his official email communications (see below), also protected known vandals “Dr.” Phil Imbrogno and his protégé, Renee Fleury of the KEPRI organization. He withheld vital information from Town of Kent officials and the New York Times regarding their vandalism, and misled the Town regarding Fleury’s credentials. After tipping Fleury off that people were investigating her vandalism, Baum then went to the fire tower on Mount Nimham to paint it over before the Kent Police could investigate. He then stated that he had to forward the emails to her because of the Freedom of Information Act (FOIA) requirements, but the New York State Committee on Open Government, the agency that serves as the overseers of the FOIA, issued an advisory opinion completely disputing his claim.
After initially claiming that Baum was justified in forwarding the emails to Fleury, Town Attorney Timothy Curtiss later stated that the Town had “not retained” any of these emails (i.e., “deleted”) when they were requested through the FOIL process. Therefore, the emails from private citizens were deemed as “public documents” by the Town, while emails from appointed Town officials were deemed as “private correspondence”. These claims were repeated by Town Supervisor Katherine Doherty, the town’s Chief Records Officer, in denying the FOIL appeals. Curtiss, Baum, Doherty, Imbrogno and Fleury were all defended by local anarchist and self-admitted vandal, Jeff Green, of Kent on his internet blog “PlanPutnam”. Green also allowed the fraudster and stolen valor culprit, Phil Imbrogno, to issue repeated written threats against the preservationists.
Baum then filed a $1 million SLAPP (Strategic Lawsuit Against Public Participation) lawsuit against the preservationists to harass, intimidate, and silence his critics as he sought renewals of the Town’s stewardship agreements with the DEC and DEP. This cesspool of public deception, cover-up, harassment, intimidation, and potential criminal wrongdoing helped lead to Doherty’s landslide defeat in the 2013 election. Details of these events follow below -
Town of Kent Conservation Advisory Committee Chairman George Baum’s email referring to Catholics as “Idol Worshippers”:
As you may know Hebrews do it backwards, but for you idol worshipers, your suggestion is very sensible and appreciated. Dave and I plan to arrrive at LCCC at 2:30 to set up. . Since you responded before Lou, I grant to you full authority for the hike. I hope to have some DEP
applications for you, hoever, none of us are DEP agents and do not have any responsibility to enforce their ordinances.
Phil Imbrogno’s email threatening New York State registered New York State archaeological sites in the Town of Kent, which was ignored by George Baum despite his agreement with the NYC DEP (the owner of these archaeological sites) to report threats of vandalism to them within 24 hours:
Hi All sorry this email is later than it should be but time flies!!We all talked about raising up the two stones in Whangtown.. The small one on the trail and the second one near the Mother Earth Chamber (The big job)The best time to do this is right on BELTANE which will take place Saturday May 1!!!. This email is asking simplyHow many of you will come out and help with the job.We will need at least two shovelsRope:Working glovesa GPS or compassperhaps a laser distance finder and bubble levelIf you are free that Saturday let me know as soon as you can since even if only two people can make it I plan to go, Also, let me know what you can bring to complete this projectI am planning a get together sometime in late may or early June so think about that. If you are going to be away during that time let me know and I will try to schedule around it.
NewsThe TV Show Lost America is still in its planning stage.. no activity as of yet
My new book Files from the Edge is now out: There are no pictures in the book.. publishers decision.. Sorry for all you who contributed material. However, most of you are mentioned in the book, especially concerning Hawk Rock
My second book Ultraterrestrial Contacts will be coming out in December.
In January 2011 the book about the Djinn the Rosemary and I worked on will be out. I will have the manuscript for those who want to read it.. its a dynamite book.
Also Rosemary and I are working on a book about Dimensional Portals. Its already contracted and should also be out sometime in 2011
I will be doing Goldie's radio show April 29 So listen and call in
I will also be on another show on May 6 9pm its a blog paranormal show,
Also the date is not set as of yet but I will be on Coast to Coast Radio in April or early May. Those interested I will send info when it is set,
“Dr.” Phil Imbrogno’s protégé, Renee Fleury of Brewster NY, established a group called “Keltic Energy Paranormal Research and Investigation” (KEPRI). On her original website she cited Imbrogno as “one of KEPRI’s most important resources and affiliates” (see below):
Keltic Energy Paranormal Research and Investigation: Philip Imbrognohttp://sites.google.com/site/keprinewengland/affiliates-and-sources/philip-imbrogno[6/30/2010 2:34:34 PM]
KelticEnergyParanormalResearchandInvestigationAffiliates and Sources >
Philip ImbrognoOne of KEPRI's most important resources and affiliates is Philip Imbrogno. A physicistand geologist, Phil has dedicated his life to researching and preserving New England's stonechambers. Phil is the foremost authority on the subject. He is co-author of CelticMysteries: Windows to Another Dimension in America's Northeast. This comprehensivebook focuses on both the scientific and paranormal aspects of the chambers and themegaliths in the surrounding areas. It is certainly one of a kind and we highly suggestreading it to anyone who is interested in this field.Phil has appeared on several paranormal radio and TV shows over the years, including
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Coast to Coast AM with George Noory and History's UFO Hunters. A graduate of MIT, he isknown by many reputable sources and occasionally gives talks at local conventions.Phil's research and knowledge has guided KEPRI and given us our start. Without him wewould have had a much harder time putting the pieces together. We thank him for the useof his books and his hard work in preserving the chambers.
Phil Imbrogno
Fleury gave a presentation at the Southeast Museum on July 10, 2010 regarding the stone chambers in this area. Tom Maxson was not in attendance, but a number of attendees were shocked that she promoted the idea of people digging around these sites for their own pleasure, and offered paid tours (in violation of NYC DEP and NYS DEC rules for their properties, where many of the stone chambers are found). One attendee wrote: “I'm not sure that KEPRI realizes that by altering or intrusively "examining" chambers they will make chambers invalid for further study. My impression was that KEPRI was aware of the importance of professional excavations but maybe not aware of how sites could be compromised if they do any of their own digging. Related to this is my concern that by sensationally promoting and them showing chambers they will attract people who may not have "historical" respect for the chambers and will see/use them for there own purposes (e.g. as portals,temples, shrines etc.).Also by showing chambers and publishing their locations I'm not sure that KEPRI realizes that they are exposing the sites to vandalism. I don't know if they plan to publish information about chambers on private land. If they do that also raises concerns.”
Another attendee wrote:
“The KEPRI group made me nervous especially when they were talking about excavations. I wish now that I had said something about the destructive nature of digs, that the chamber sites have been found to be sterile, that there are some carbon dates done by Jim Whitall in New England. .... Maybe also that the stone floor approach is what we are working on. ( I am not sure I want to menton stone floors to them.) Phil I. has done that sort of digging on his own and they may (have) also. A "loose cannon" they are. I think this group aspires to be on the history channel or a science channel. Dale remarked that they seemed a Jr. Ghost Busters Club. I wonder if some of them were students of Phil Imbrognio.”
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George Baum, at that time the chairman of the Kent Conservation Advisory Committee (KCAC), which held stewardship agreements for some of these properties, sent this email falsely stating Renee Fleury held a degree in Archaeology and failing to inform the Town officials of her graffiti vandalism:
You may know that Renee has attended 2 meetings of the Kent CAC and has volunteered her KEPRI followers to help with tower maintenance. As we have wanted to get younger people involved with tower activities, the Committee was pleased to accept her offer. I met with Renee and her friend Andrew at the tower to discus some possibilities for their involvement. As I have heard from Lou and Tom some distressing information regarding Renee, this was an opportunity for me to learn more about her plans and to pass on some greatgrandfatherly advice. Renee is backing off some of her statements at the Brewster presentation regarding her CAC connection. She plans to correct this on her web site. she has no plans to physically dig around the chambers. She is a WCC graduate in Archeology (amazing to me that there is a 2 year major in this) So she understands that permits and approvals would need to be granted. She understands and will respect DEC and DEP restrictions on their properties. She does represent a fringe of the chamber crowd but shares the common feeling of all that the chambers are a precious relic that should be preserved.
Tom Maxson then wrote to George Baum and town officials to warn them of involvement with these known vandals:Tom M
Evan & Joan <[email protected]>date Wed, Jul 14, 2010 at 4:20 PMsubject Re: Renee Fleurymailed-by gmail.com
Hi George,
Thanks for your note below. You know that I have great respect and admiration for who you are and what you've accomplished. I fully understand your desire to get more young people involved, and I agree with that goal. However, Renee Fleury has demonstrated a consistent and disturbing pattern of deceit regarding her background, her goals, and her methods. I'm concerned about the potential fallout of having the CAC, and by extension the town, associated with her and KEPRI.
I'll take it one issue at a time:
1. Ms. Fleury claims to have a 2 year degree in Archaeology from WCC. This is false. In fact, WCC does not even offer a 2 year program in Archaeology. Actually, they only offer one single course in Introductory Archaeology, which is a part of their Anthropology program. This information comes directly from the Registrar at WCC (I have the email from them if you want to see it);
2. Ms. Fleury claims that she is abiding by NYC DEP and NYS DEC rules and regulations, and will not harm any site. This is also false. She and her followers have already moved and removed rocks from registered NYS archaeological sites, and they charge people monetary fees to take them to the chambers on DEP & DEC properties. You can see for yourself at their website below, in which she states "For a reasonable fee, we will take you on spiritual hikes to the chambers", or by viewing the pdf image of their website which is attached. We also have reports from NEARA members that there have been some recent excavations within a few of the chambers. All of these activities are forbidden by DEP & DEC. I have the citations for these regulations if you would like to see them.
http://sites.google.com/site/keprinewengland/
3. By manipulating the archaeological sites that are registered with New York State, Ms. Fleury has violated the State Historic Preservation Act as well. Per the New York State Historic Preservation Office:
"Once archeological material has been removed from the ground, whether through excavation or as a result of looting, development, erosion, or other processes, the site is destroyed forever. When investigations are conducted properly, the information from the site is preserved through collections, records, and reports that are used to analyze and interpret the past. When sites are excavated improperly, information is lost and the value of the archeological deposits is greatly diminished."
4. Ms. Fleury claims that I, and Lou Tartaro, agree with her theories and activities. This is also false. I'll let Lou speak for himself, but I do not advocate any particular theory about the chamber
origins. I am a pure preservationist, and only seek to protect and preserve these historic artifacts for future generations, while pursuing a science-based approach to possibly dating them. Ms. Fleury's activities are anti-preservationist, anti-science, and basically amount to looting and vandalism. I have been extremely clear about this in all of my communications, yet she has purposely misrepresented my positions to boost her credentials.
5. Ms. Fleury claims that she also has the support of NEARA. Once again, this is completely false. I've received numerous emails from local NEARA members expressing their outrage over her methods and activities. Even those NEARA members who do believe that these structures are Celtic temples are horrified to hear her constant stream of mis-truths, and by her contamination of these sites. They fear that any hope of proving their theories scientifically are now being threatened by her extremist activities. The Hudson Valley chapter of NEARA is currently preparing their own formal complaints against her with the DEP and DEC, in support of the complaints already filed by Highlands Preservation.
6. Finally, Ms. Fleury has misrepresented herself as being a member of the Kent CAC. She concocted a story saying that Penny Tarbox authorized her to fill in on the open slot on the committee. As you know, this is also blatantly false.
There are some other issues, but I won't go into them since we're still investigating.
I've copied the entire CAC on this email, as I believe they should know who they are involving themselves with. Their reputations, as well as yours and the Town Board, are potentially impacted as well. I believe they should be afforded the opportunity to make a fully informed decision. Youth is no excuse for being so deceitful and destructive. I know that I did not raise my children to act in such a deceptive manner as Ms. Fleury has repeatedly done, and I'm sure you didn't either. We've all worked too hard for too long for the conservation of these important resources. Let's not take a giant step backward.
Thanks.Tom Maxson
George Baum then responded, repeating Fleury’s false educational credentials & falsely stating that the reference to paid tours was removed from the original KEPRI Website:
My message to Tom Maxson and Lou Tartaro on the 13th was intended to be distributed to the Committee via our webmaster Dave Ehnebuske. However as Dave is traveling, Tom's message has overtaken the distribution. As one can expect from Tom, he sends a detailed and thorough report regarding Renee and her followers. Some things have changed. On the current KEPRI web site, Renee's educational background is creditable.The offer to take visitors to sites on DEP/DEC properties for a fee is absent. If NEARA or anyone else has information concerning unauthorized archaeological or other illegal activity on DEP or DEC property, that information should go to the appropriate authorities. In my message of the 13th, I mention that Renee denied any disturbances to the chambers and is committed to their preservation as are the rest of us regardless of what we believe to be their origin.I am not aware of an AFFILIATION between CAC and KEPRI. The word affiliation is a bit vague, but if Kepri members do any volunteer work for us, I would not interpret that as an endorsement of their views or activities. When Renee introduced herself to the committee as a visitor, she did not hide her paranormal views and passed around a card showing the KEPRI website. I view them differently from for example the KKK whose value system I abhor and would reject their help on any CAC project. On the other hand we have had clean-up work performed by kids in the alternative sentencing program. Perhaps it is naive on my part, but I view these kids as young and misguided. If Renee is deceitful in her actions on the initial tasks that we have agreed to, that will become evident soon enough. I elicit comments from the committee members. If they desire to have a meeting concerning the acceptance of help fromKEPRI which will be primarily Renee and Andrew let me know and we can meet next Wednesday.
Tom Maxson responded again to Baum’s continued false claims and KEPRI’s graffiti on the Mount Nimham Fire Tower (which Baum continued to withhold from Town officials):
Despite George's statement in his reply note below, KEPRI is still advertising "fee for tours" on their website - please see the link below, and scroll down to the bottom of their homepage to "KEPRI Tours":
http://sites.google.com/site/keprinewengland/
I'm also not quite sure what George means when he says that Renee Fleury's educational background is "creditable" - she has claimed to all that she has a 2 year degree in archaeology, thus giving herself some kind of "credentials" for her rock moving activities - yet this is completely false, per the WCC registrar. WCC does not offer any such program.
This link may also be of interest, from "Path of the Craft" (as in witchcraft) which helps explain why KEPRI does not respect the rights of others:
Finally, Evan and Joan Rickert Shatz, who have been cleaning garbage and fighting vandals on the mountain for the past 24 years, took a picture of grafitti on the tower that was courtesy of KEPRI. I'm not sure how that fits into their "tower maintenance" activities. They'll be sending that out to everyone separately.
Thanks.Tom Maxson
George Baum then continued to deceive preservationists and Town officials & allow KEPRI to break DEP & DEC rules:
From: George Baum To: Thomas Maxson Cc: Anne C. Balant ; BETH HERR ; BILL BUCK ; David Ehnebuske ; GEORGE BAUM ; Janis Bolbrock ; Jean Ehnebuske ; Joe Greico ; Lou Tartaro ; PENNY OSBORN ; Phil Tolmach Sent: Tuesday, July 20, 2010 5:44 PMSubject: Re: KEPRI's Graffiti on the Fire Tower
Hi Tom Thank you for your message of the latest outrage by KEPRI.1. Your prior observation that the Pay to Pray tour is on the KEPRI website is correct. Why I did not see it when I sent my message is open to any one's conjecture. Why is a paid tour a problem for you?
2. When I was at the tower, going over the work with Renee and Andrew on the trap door, the KEPRI graffiti was noted and they offered to paint it over along with the rest of the cabin. It was the least offensive of the wall to wall decorations but still not welcomed. It will be removed.3. Inside the Mt Nimham chamber (Renee's favorite), there is a moderate sized stone that has apparently fallen out of the wall. I mentioned this to David Ehnebuske in an email message about a month ago. It is a remote possibility that this stone was forced out by natural forces as it is somewhat rounded and not a good stone for a cambered structure. I am seeking more expert opinion on this. 4. With respect to the King chamber, would NEARA have early and recent photographs of the possibly altered entrance. I assume that the chamber is somewhere in Westchester. If it is on DEP property, the disturbance should be reported.5. The smaller of the Mead-Brown-Barrett chambers is caved in at the back and has a cracked lintel over the entrance, did Othmer ever make an assessment as to what might be done to stabilize this naturally disintegrating structure.
Tom Maxson responded to George Baum referring to the NYC DEP & NYS DEC rules regarding commercial activities on their properties:
Regarding the paid tours: KEPRI has noted that their favorite chambers are the Winter solstice chamber (DEP property), the "Mother Earth" chamber (DEP property), and the Mt. Nimham chamber (DEC property). Both DEP and DEC do not allow any commercial activity on their properties:
DEP regulations banning commercial activities are cited in paragraph 16-17 (h) of their recreation guidelines: "The use of City property for any commercial activity or as part of any commercial enterprise is prohibited";
DEC rules state: "No person shall sell any articles, commodities, or services without a department permit." I remember the CAC was not allowed to sell any items when conducting the festivals at the top of the mountain.
Tom
Tom Maxson then forwarded photos of KEPRI’s vandalism which was already known to George Baum, but not shared with the concerned parties:
Per my previous email from this past weekend, here are pictures of KEPRI's graffiti on the tower. Renee Fleury, the self described "charismatic leader of the group", also describes herself as a budding artist. This graffiti exercise was clearly pre-planned, as they had to first paint the white background, before adding their logo. They also added their website address below the logo.
We're also looking at some before and after pictures of the Mt. Nimham chamber, Ms. Fleury's favorite. There's at least one stone that seems to have been removed from the structure.
Deputy Town Supervisor Lou Tartaro agreed with Tom Maxson that the Town should not associate itself with these known vandals, and questioned their motivations as non-residents who wanted to gain knowledge and access to sensitive sites in Kent in several emails to the Town Board and Town Attorney. Here are two of numerous emails sent to the Town Attorney and Town Board:
George, I will get back to you on this after I contact Tim as this is a legal question. Having said that I do not agree with your assessment of the Kepri group. I am not alone as I can provide a batch of E mails from NEARA members in our area - including those who have worked closely with the CAC over the past several years. They are extremely concerned with Kepri's activities as well. I don't mean to sound overly jaded but the sudden civic interest at this particular location is suspect IMO especially since it's common knowledge that most of Renee's interest has centered on the chamber located in the vicinity of the tower. I know you have received at least 3 Emails from CAC members 2 of which were strongly negative. I think in fairness to the entire CAC you should have the meeting you mentioned so everyone can air their views. Lou PS Doesn't it strike you as a little odd that the sudden interest in volunteerism by non Kent residents is centered at this location and nowhere else - to my knowledge - in Kent or Putnam for that matter.
Tim, Not to belabor this but I believe the points Tom made in his E mail are valid and if the CAC continues it's association with this group it may have some negative repercussions down the road. Lou
George Baum then forwarded the emails of Tom Maxson and other concerned KCAC members to Renee Fleury of KEPRI. As Tom Maxson was filing a formal complaint with the Kent Police regarding Fleury’s graffiti, George Baum went to the fire tower to paint over her graffiti, and only her graffiti.
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Afterwards, the Kent Police were only able to issue a warning to her that future acts would be prosecuted (see Kent Police Complaint #2010-001407):
Hello all, The obscene and offensive graffiti at the cabin in the sky have been painted over.
Baum only painted over Fleury’s graffiti, leaving the rest of it alone. His personal presence at the fire tower that day was observed by a local resident:
from: XXXXXXXXXXXXX* (*Withheld to protect witness – available to law enforcement authorities)to: Thomas Maxson <[email protected]>date: Wed, Jul 21, 2010 at 1:39 PMsubject: RE: KEPRI's Graffiti on the Fire Tower
Tom.
XXXXX* was up at the tower this morning and ran into George.
He said to tell XXXXX* that he has a contractor lined up to replace the floor in the tower room….FYI
XXXXX* (*Names withheld to protect witnesses – available to law enforcement authorities)
George Baum then defended the forwarding of emails to Fleury as being required under the Freedom of Information Act:
From: George Baum To: Anne C. Balant ; BETH HERR ; BILL BUCK ; David Ehnebuske ; GEORGE BAUM ; Janis Bolbrock ; Jean Ehnebuske ; Joe Greico ; Lou Tartaro ; PENNY OSBORN ; Phil Tolmach
Sent: Friday, July 23, 2010 6:27 PMSubject: WHAT EVERYONE SHOULD KNOW ABOUT COMMUNICATIONS
All of the Committee members MUST recognize that we are a public entity. Our meetings are open to the public. E-mail posses an interesting problem relative to the "public right to know". Any WRITTEN communication to the CAC would be recorded and filed by the Town Clerk. E-mail is an extremely efficient way to distribute information such as a meeting notice, agenda, minutes, and other usefull information. Our web master (David Ehnebuske) cheerfully sends a copy of such communications to the Town Clerk. When I receive an outside communication on CAC business, it has presented as a COMMUNICATION in my Chairman's report at the next meeting and entered into the minutes. If CAC members distribute a communication to the other members as of this date, it will also be treated as a Communication and ENTERED INTO THE MINUTES. My communications to the committee will also be routed by David to the Town Clerk, including this one. If anyone wants to send me a private message, it should be thus identified. We are obligated to be open, transparent, and accountable.
On October 14, 2010, the NY Times published an article about “Dr.” Phil Imbrogno, and contacted George Baum for comment. Baum, despite his knowledge of Imbrogno’s vandalism threats, never once mentioned it to the Times reporter:
Tom Maxson asked Town of Kent Attorney Timothy Curtiss if, in fact, all the emails were public documents and whether Baum was justified to forward them to Fleury. His response stated that yes, they are public documents subject to FOIL:
In July of 2011, paranormal debunker Lance Moody discovered that “Dr.” Phil Imbrogno, who claimed to hold a doctoral degree from MIT and undergraduate degrees in astrophysics from the University of Texas, did not possess those degrees. He contacted MIT, who responded that they never conferred any degree to Phil Imbrogno or anyone with a similar name. Military veteran and UFO researcher Don
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Ecker then investigated Imbrogno’s claims that he had served as a Green Beret Special Forces officer in Vietnam – and concluded that he had never served.http://www.notaghost.com/2011/07/saucers-lies-and-audio-tape.html
In December of 2011, George Baum contacted the President of the Kent Public Library Board of Trustees, Mr. Don Haney, where Tom Maxson served as a Trustee, in an attempt to disparage Maxson in the eyes of the Board of Trustees. Don Haney then wrote to Tom Maxson as follows:
Tom: I've never cared much for George-- he always has an ego problem. Thanks for the information. My short reply to George was that problems at Mt. Nimham had nothing to do with the Library and that activities of Library Board members that did not affect the Library are not of interest to me or other Board members.
Don
After receiving the previous certification from Town Attorney Curtiss that the emails in question were public documents and were FOIL-able, the Town of Kent was FOIL’d for all the emails involved with Baum’s defense of the vandals and his use of anti-Catholic slurs in official communications. The following letter from Town Attorney Curtiss stated that the Town “did not maintain” any of the emails (i.e., they were deleted), even though he had previously declared them to be public documents:
Despite the fact that there were numerous emails sent between the Town Board and Town Attorney Tim Curtiss regarding these vandalism issues, the Town Attorney had now denied their very existence. Tom Maxson then asked the New York State Committee on Open Government (COOG), the officials charged with interpreting the FOIA, for an Advisory Opinion regarding the Town’s forwarding of emails to the vandals, and the Town’s subsequent destruction of these and other emails. Their
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responses below state that the FOIA does not condone forwarding of emails to suspects in a crime, that the Town must retain even routine email communications for a minimum of 6 years, and that the NYS Penal Code includes misdemeanor and felony offenses for “tampering with public records”:
subject: RE: Reporting a Crime to Government Officials
You have contacted the Committee on Open Government. The duties of the Committee relate to the New York Freedom of Information Law (FOIL). In that regard, there is no requirement in FOIL to inform suspects that they are suspects. If you are not in New York, I point out that the law of every state is different.
subject: RE: FOIL Appeal Denial and "No email records retained"
There are none (advisory opinions) that focus on the schedules. There are, however, provisions in the Penal Law relating to tampering, obstruction of governmental administration, etc. Also, the typical vehicle for challenging the government is the Article 78 proceeding, a judicial proceeding involving action that is unreasonable or that involves a failure to perform a duty required by law to be carried out. The COOG referred Tom Maxson to the New York State mandated retention periods for email communications by municipalities:
Per the New York State requirements on "Records Retention and Disposition Schedule MU-1, For use by cities, towns, villages and fire districts", as found in 1. [581], entitled "Supervisor, Mayor, Manager, And/Or Administrator", the mandatory retention period for routine correspondence is for a minimum of 6 years. And these regulations treat email correspondence as any other type of correspondence, per page xiv: "Generally, records transmitted through e-mail systems have the same retention periods as records in other formats that are related to the same program function or activity. E-mail records should be scheduled for disposition in conjunction with any other records related to the program function. Local governments may delete, purge, or destroy e-mail records provided that the records have been retained
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for the minimum retention established in this Schedule and are not being used for a legal action or audit."
Robert J. Freeman, the Executive Director of the Committee on Open Government, issued an Advisory Opinion which specifies that when personal email addresses are used by Town officials to conduct Town business, that those emails are also subject to the FOIA requirements:
“Email kept, transmitted, or received by a town official in relation to the performance of his or her duties is subject to the Freedom of Information Law, even if the official uses his private email address and his own computer.”
The COOG then referred Tom Maxson to the New York State Penal Code, which lists:
“Tampering With Public Records in the first degree”, article 175.25, as a felony offense. “Tampering With Public Records in the second degree” is listed as a misdemeanor offense.
Jeff Green, a self-admitted vandal and friend of Fleury, Imbrogno and Baum, then came to the defense of the vandals and Town officials, lied about Tom Maxson being in attendance at Fleury’s presentation at the Southeast Museum, while admitting on his website on November 17, 2010, that he likes to “mark” the fire tower himself:
“Last summer, Ms. Fleury and KEPRI (Keltic Energy Paranormal Research and Investigation) gave a talk at the Southeast Museum to a crowd of some 50 people at which Mr. M was in attendance. She subsequently led one of many hikes to the stone chamber at the foot of Mt Nimham, finishing with a trip to the firetower. And, as so many have done in the past including myself, marked their name on the inside of the tower's cabin in a tradition that stretches back as far as anyone can remember.”
Jeff Green then allowed his friend, the fraudster and stolen valor culprit “Dr.” Phil Imbrogno, to post repeated rambling threats on his “PlanPutnam” website – a sample follows:
May 12,2011 at 7:13 pm ·Reply
Hi All. I usually do not continue to add to these discussions,but,The standing stone was not raised by girl scouts. It was actaully raised up to its original place by Phil Imbrogno,Martin Brecht,and to other full grown large men,lets get the facts correctly. We all have information on the chambers and standing stones,Lets make peace and poll our information and talents together. Guys the chmabers are built on areas of negative magnetic ANOMALIES This is not a concidence,they are not randomly placed. There have been more strange happeings around them by percentage that other places in town where they are no chmabers. You have to remember I found an obsidian dagger in the caliof Chamber which moisture dated back to 2900 BC. I am still holding this
ing=formation for the right day until all you people drop your egos and start working together.Perhaps Maxson is jealous that the NY Times picked me to take them out to Hawlk Rock. Also remember the chambers were lost in the woods with no one caring about them until I got in the act and brought attention to them..You know in every situtation there is always one to cause trouble.
I would like to stay friends and explore all aspects of the chambers and standing stones. For your information,and I am sure the hairs will be standing on the backs of the trouble makers. I am working on a new book called LOST AMERICA which will hilite the research over the past ten years secretly while all of you were argueing and fighting.Cheers allPS And Mr Maxson if you use the word discredited to describe me one more time it will be considered slander and or libel and I will have my attorney file the approcriate legal action.
THERE’S ALWAYS ONE!!!!!Phil
Phil Imbrogno
May 12,2011 at 7:07 pm ·Reply
Hi All. I usually do not continue to add to these discussions,but,The standing stone was not raised by girl scouts. It was actaully raised up to its original place by Phil Imbrogno,Martin Brecht,and to other full grown large men,lets get the facts correctly. We all have information on the chambers and standing stones,Lets make peace and poll our information and talents together. Guys the chmabers are built on areas of negative magnetic anomolioes. This is not a concidence,they are not randomly placed. There have been more strange happeings around them by percentage that other places in town where they are no chmabers. You have to remember I found an obsidian dagger in the caliof Chamber which moisture dated back to 2900 BC. I am still holding this ing=formation for the right day until all you people drop your egos and start working together.Perhaps Maxson is jealous that the NY Times picked me to take them out to Hawlk Rock. Also remember the chambers were lost in the woods with no one caring about them until I got in the act and brought attention to them..You know in every situtation there is always one to cause trouble.
I would like to stay friends and explore all aspects of the chambers and standing stones. For your information,and I am sure the hairs will be standing on the backs of the trouble makers. I am working on a new book called LOST AMERICA which will hilite the research over the past ten years secretly while all of you were argueing and fighting.Cheers allPS And Mr Maxson if you use the word discredited to describe me one more time it will
be considered slander and or libel and I will have my attorney file the approcriate legal action.
THERE’S ALWAYS ONE!!!!!Phil
Phil Imbrogno
May 7,2011 at 11:13 pm ·Reply
Maxson:You say I am discredited and word freely,but where is your proof? I was wondering if it was me or you are really being discredited. Perhaps you are reflecting in yourself (sounds like jealously to me) this word is a powerful line and can have legal ramifications. It is possible that we may both partially right;
I’m sure you can’t accept this because of your ego. Perhaps it’s just jealously since Martin and I have given the publicity needed for these things need before they are all destroyed. I have been doing this a great deal longer than you and my opinions should be respected. One cannot deny there are great deals of paranormal events that take place. You and the rest of your organization are two faced,When you talk to me in person is all smiles and cheerful HI’s,once my back is turned you all gather like sharks liked triggered by a feeding fringe to bad mouth me.
The word discredited is a powerful world. I have not been discredited;no one has disproved my theories. You have made a statement with nothing to back it up.
I insist that this word be taken out (discredit) since it could possibly hurt my profession,if this takes place I will be filing a law suit against you for libel
PS:they are not archeological sites and not protected by the DEP. Your group has no right to place protected archeological signs on or near any of the structures.
Macon:You say I am discredited and word freely,but where is your proof? I was wondering if it was me or you are really being discredited. Perhaps you are reflecting in yourself (sounds like jealously to me) this word is a powerful line and can have legal ramifications. It is possible that we may both partially right;
I’m sure you can’t accept this because of your ego. Perhaps it’s just jealously since Martin and I have given the publicity needed for these things need before they are all destroyed. I have been doing this a great deal longer than you and my opinions should be respected. One cannot deny there are great deals of paranormal events that take place. You and the rest of your organization are two faced,When you talk to me in person is all smiles and cheerful HI’s,once my back is turned you all gather like sharks liked triggered by a feeding fringe to bad mouth me.
The word discredited is a powerful world. I have not been discredited;no one has disproved my theories. You have made a statement with nothing to back it up.
I insist that this word be taken out (discredit) since it could possibly hurt my profession,if this takes place I will be filing a law suit against you for libel
PS:they are not archeological sites and not protected by the DEP. Your group has no right to place protected archeological signs on or near any of the structures.
Have a Nice Day
Phil Imbrogno
In January of 2012, George Baum filed a $1 million SLAPP lawsuit in Putnam County Supreme Court against Tom Maxson, Highlands Preservation, and others claiming he had been defamed by the defendants who had recounted these factual events of 2010 as described previously. He was in the process of pursuing renewals of his stewardship agreements with the New York State DEC, and the New York City DEP, and did not want any comments being filed with those agencies which may jeopardize those renewals. He represented himself in his lawsuit (an indication that no attorney was willing to take his case), and delayed the proceedings as long as possible in order to harass, intimidate, and silence his critics, a typical strategy employed by land developers and government officials misusing the courts in seeking to silence their critics. He filed a motion with the court to have himself declared a beneficiary on Tom Maxson’s homeowner’s insurance policy, in an attempt to collect under the policy’s liability provisions. This motion was immediately denied by the judge. The lawsuit was eventually dropped against Tom Maxson and Highlands Preservation, just before the trial date, another typical strategy employed by SLAPP filers (before they begin incurring large legal expenses in connection with obtaining depositions and paying witness fees). Baum had a history of filing frivolous lawsuits against prominent community volunteers, including entrepreneur, nuclear engineer, philanthropist, former school board president, and Mt. Kisco’s “Man of the Year”, Dr. Curtis
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C. Beusman (see Westchester County Supreme Court case #10353/1995). Other possible frivolous lawsuits by Baum are still under investigation.
In November of 2013, Kent Town Supervisor Katherine Doherty lost her bid for reelection in a landslide result. The Town’s denial of First Amendment rights, first against Tom Maxson et. al., and later against the residents of Smokey Hollow, was cited as the main contributing factor in her stunning loss.
