Help return Dr. Shigo's samples to him

[Tim Walsh]

I am requesting your assistance in an attempt to return to Dr. Alex Shigo, his wood samples. I have attached a letter that was sent to all of the Government Officials involved with the samples. The letter also covers a brief history of the samples and the struggle to have them returned.

Dr. Shigo has entrusted their care and use to the Student Society of Arboriculture, however we do not have them in our possession yet. This is where you can help. I have included the contact information for the State of New Hampshire officials that are, or should be involved in the return of Dr. Shigo's samples. Please contact these representatives and encourage them to do the right thing and give Dr. Shigo's samples back to him.

Governor Jeanne Shaheen
State of New Hampshire
Office of the Governor State House
Room 208-214
Concord, NH 03301-4990
(603) 271-2121

Philip T. McLaughlin
Attorney General 33 Capitol Street
Concord, NH 03301 603-271-3658

George Bald Commissioner
Department of Resources and Economic Development
PO Box 1856
Concord, NH 03302-1856
(603)271-2411
[email protected]

Philip A. Bryce
Director/State Forester
PO Box 1856
Concord, New Hampshire 03302-1856
603-271-2214
[email protected]

J.B. Cullen
Administrator Urban Forestry Center
45 Elwyn Rd.
Portsmouth, NH 03801-5701
603- 271-3457 x308
[email protected]


Shigo Sample History

During Dr. Alex L. Shigo's 26-year tenure at the US Forest Service, he prepared numerous wood samples for educational purposes. After his retirement in the mid 1980's, the Forest Service threw away the samples that remained at the USFS Durham facility.

Dr. Shigo retrieved the samples from the dumpsters, but was, at that time, unable to store the materials himself (there were hundreds of samples.) The State of New Hampshire, in the person of J.B. Cullen, at the Portsmouth Urban Forestry Center offered to temporarily hold the samples for Dr. Shigo.

Dr. Shigo has attempted, on several occasions since then, to get access to his samples, but has been denied. Dr. Shigo spoke to Phil Bryce, director of the Division of Forests and Lands on May 29, 1999 asking for access to the samples, and a letter was delivered to the Commissioner of the Department of Resources and Economic Development, George Bald, on September 12, 2001 formally requesting return of all samples.

There have been attempts by other organizations to have access to the samples. The International Society of Arboriculture (ISA) attempted to borrow some of the samples for their 75th Annual Conference in 1999. Bill Kruidenier, former Executive Director of the ISA, made numerous attempts, finally giving up in frustration. The Student Society of Arboriculture (SSA) also made numerous attempts. Tim Walsh, Director of the SSA, met with J.B. Cullen and A.J. Dupres in December 1999 to discuss the samples.

Later, Tim Walsh met with J.B. Cullen and A.J. Dupres on September 12, 2001 and, George Bald and Phil Bryce on October 8, 2001 as a representative of Dr. Shigo attempting to get the samples returned. Most recently, Phil Bryce and J.B. Cullen met with Dr. Shigo in the
parking lot of the Elks Club in Portsmouth on December 6. Dr. Shigo shared his documentation from 1985, and asked when the samples could be picked up. Phil Bryce said that the state maintains that they own the samples, but failed to produce any documentation.

Based on research (State of NH website, representatives of the office of the NH Attorney General), gifts received by the state must be accompanied by documentation including description and intent of gift. This would have to be approved by the Governor and Council. Dr. Shigo is in possession of documentation from 1985 laying out his plans for an international tree institute where the samples were to be used.

Despite repeated requests for documentation that the Governor’s Council accepted these samples and their intended use, the State has refused to provide it. This serves as another request for the immediate return of these samples or proper documentation from the State proving their legal right to possess them.

Thanks,

PS Feel free to pass this along to as many tree people as possible.

PPS You may not agree with everything that Dr. Shigo has said but he has done a lot for the arboriculture profession, now it is your chance to give something back to him.


Tim Walsh - Director
Student Society of Arboriculture
P.O. Box 4821
Manchester, NH 03108

[email protected]

 

[Reed]

owned samples

I'll fire off a few emails too, but I'm fairly certain they have thousands of legal precedent on the "employed by federal agency" research, development, and use clauses. They may seek opinion that might tilt in their favor, unfortunately.

Currently each agency has variable in-house rules regarding ownerships of discovery but the big picture is best illustrated by the proprietary and private business practices by doctors conducting research clinical trials at state supported and federally assisted and designated regional cancer centers. In these trials new molecular and modified gene therapies are incorporated into experimental protocols in treatments - many of the doctors have by the time of treatments, scored ownership and distribution rights for each compound or technique involved in the experiment, which are funded principally by our tax dollars. This is clearly a ethical violation but in Shigo's case, may help him secure that which they feel doesn't belong to him.

If they were to continue his work in federal interests, I could see where they have ground to stand on, but sadly, I know the feds all too well and your mention that they "dumpstered" his samples indicate they could care less of his educated wisdom. I admire Alex highly, respect his work much more than the last ten year's worth of chemical and timber company colored wisdom coming from the labs of the USDA. Perhaps they are just afraid of his continued influence on our industry, which often runs counter to the technical advice they spout that often (by my experience) exacerbate disease or promote useless chemical programs.

 

[Tim Walsh]

Shigo samples

The issue of the Fed's and ownership is irrelevant, as they threw them away and now the State of New Hampshire is housing them. The real issue here is that the State has not followed their own policies and procedures for receiveing items.

If the samples were gifted to the State, which they weren't, there should be a paper trail. In fact there must be a paper trail that would have been signed by Dr. Shigo and approved of by the Governor and Council. The State has no paperwork, therefor they do not legally possess the items.

Thanks,

TMW

 

[Reed]

Oh, okay -

I didn't follow the trail.

It sounds like a court action needs to be filed then.

On any of the published material, if there are any, or the samples themselves - USFS or USDA logo is a recognized copyright, no matter how they treated the samples. Maybe you better ask an attorney about that and also, Alex should file for intellectual property right on the materials - I for one would sure rather he has possession then State of Federal people. This sounds like a whitewash, something sticky that we're used to down here.

Good luck. You know the Congressional delegation from NH?

Reed

 

[Tim Walsh]

Shigo samples

Reed,

I have heard back from from US Senator Judd Gregg, indicating that he has received the materials, but hasn't officially responded.

There is no copyright on the samples, they are chunks of wood, slabs, cookies, etc., and it is the state that is claiming ownership. not the feds.

If enough people respond to the Governor, they will have no choice but to do the right thing.

Thanks for your support,

TMW

 

[Ryan Lightning]

Did Shigo get any of his samples yet?

 

[Tim Walsh]

The State is still stalling, but I am trying to set up a meeting with the Governor and the Executive Committee to resolve the issue.

This is an election year in NH, and I am also awaiting the results to see who the players will be.

TMW