NORTH ADAMS, Mass. — Last year, Dr. Martin Bush received a late Christmas gift from Code Enforcement Officer David Rhinemiller in the form of a code enforcement violation. 

 

Rhinemiller received a gift of his own from Bush: a misdemeanor charge for allegedly making a false report as a public employee in connection with that violation.

 

Rhinemiller was to be arraigned on Friday in Northern Berkshire District Court but this was postponed to Sept. 4 by order of the court. 

 

According to the factual finding of the case, Rhinemiller's correction order to Bush carries potential criminal penalties including a fine of $25,000 or imprisonment for up to one year, or both. 

 

Every year, Bush operates a holiday display at his dental office, located at 9 Park St. in Adams, which annually runs from the Friday following Thanksgiving through Jan.1. 

 

This year, he received a correction order on Jan. 15 following a complaint about "unsafe conditions in a rental unit," stemming from holiday decorations that allegedly generated noise interfering with the normal operation or occupants' health of adjacent or abutting properties.

 

The order claims that an authorized inspection of the property took place — but by the time an inspection took place on Jan. 7, the display had already been dismantled. 

 

Bush followed up on Jan. 19, by requesting a public hearing and asking what the music's decibel reading was during the Jan. 7 inspection, when it was taken, how it compared with traffic noise, what equipment was used, and the acceptable noise level in Adams.

 

In a correction offer dated Feb. 12 to Bush, Rhinemiller claims that readings were taken on Jan. 7 with a decimal meter Noyafa Model NF-562. 

 

He reported that readings taken between 10 and 10:30 a.m. and at 5 p.m. reached a high of 88 and 84 decibels, respectively. The document says the average was 74 decibels. Rhinemiller acknowledges in the order that "no decorations were present at the time of the decimal readings."

 

On March 4, the violation order was subsequently withdrawn because of "a clerical error" to the intent of the complaint and missing state Department of Environmental Protection regulations. 

 

The factual finding of the case says "Rhinemiller's inspection (investigation) consisted of speaking only with the complaining abutter. Rhinemiller's investigation did not include speaking with any other party. ...

 

"Specifically, Rhinemiller did not attempt to speak to Bush, did not attempt to speak with any other witnesses, did not review police records, did not attempt to speak with any police personnel, and did not review historical records on file at the Town of Adams." 

 

A hearing was set and then canceled for March 4 when the violation was withdrawn. Bush attended the Select Board meeting on March 4 and publicly stated that Rhinemiller had "misrepresented the facts." He requested a written apology, saying that if received, the matter would be filed away and "never to be heard again."

 

Bush said he never received an apology and cited an iBerkshires article in which Rhinemiller admits the sound was not on, his application for criminal complaint states. 

 

"I am seeking recourse here for several reasons, two of which are; Firstly, this is quite frightening if a government entity can fabricate facts to illicit criminal charges against a citizen," the application states. 

 

"And secondly, the last sentence in the iBerkshires article quoted from Mr. Rhinemiller insinuates we (the town) will be back next year with a similar charge against Dr. Bush, if another complaint comes in. 

 

"These behaviors need to stop because over the years I have seen an escalation in the severity of the position the town has chosen toward my regard." 

 

Rhinemiller continues to work as the code enforcement officer. He is being represented by attorney Ryan Smith of Pittsfield.