WINDHAM – While Windham police Sgt. Michael Denbow’s employment status with the town remains unresolved following his unapproved investigation of Town Council Chairman Bill Tracy, a new detail in the case has come to light this week: Denbow secretly taped a conversation between himself and Councilor Donna Chapman.

Chapman, town officials, and Denbow’s attorney, John Chapman of Portland-based Kelly & Chapman law firm, all acknowledge the tape exists. The 36-minute tape was recorded in May without Chapman’s knowledge at Chapman’s home off Anderson Road while Denbow was delivering the weekly Town Council packet, which includes information pertinent to the upcoming council meeting.

Denbow’s status with the town is in question as a result of the 29-year veteran’s alleged illegal investigation of Tracy prior to and after a contentious vote to merge Windham Dispatch with the Cumberland County operation. The secret recording of Chapman was made after the council’s May 25 merger vote.

While no party will publicly state whether Denbow has been fired as a result of his investigation of Tracy, Town Manager Tony Plante reported in June that Denbow was “no longer with the police department.” And, according to an e-mail sent to Plante last week by Denbow’s attorney arguing against the release of the secret recording, Denbow is appealing Police Chief Rick Lewsen’s apparent decision to remove Denbow from the department.

“Since you have received an appeal of the (police) chief’s decision, it would seem that the (Donna) Chapman recording is not a public record,” John Chapman wrote.

Denbow delves

Denbow’s troubles started in May when he sent former Councilor Carol Waig an e-mail – which she forwarded to Tracy and was later made public – detailing what Denbow described as a conflict of interest on the part of Tracy, an employee at Gorham Savings Bank. In the e-mail, Denbow argued that Tracy should have recused himself from the dispatch merger vote because Tracy, listed as a “decision-maker” on the bank’s website, and the bank itself would both have benefited from the merger. These allegations were later found to be wanting, according to town attorney Ken Cole III, who said Tracy would not directly benefit from the vote. Tracy has declined to comment on the matter. Denbow’s attorney also did not return phone calls seeking comment.

The recently surfaced tape recording, however, indicates Denbow was still investigating Tracy after the merger vote in hopes of reversing the decision, according to Councilor Chapman, who remembers the conversation happened after the merger vote. Denbow was released from the department during the first week of June meaning the conversation likely took place on or about Friday, May 28, although Councilor Chapman couldn’t recall the exact date.

“When he drove up with the packet, I came out, sat on my steps and we talked. I never saw a tape recorder, I didn’t know that was what he was doing,” she said.

She said she forgives Denbow for taping her without her knowledge.

“It was a shock, don’t get me wrong, but I’m over it. He made a stupid, stupid mistake. It was a contentious time. Emotions were running high,” she said.

But she doesn’t excuse his behavior.

“If someone is capable of doing that, what else are they capable of?” she said. “That’s my take on it. It makes you feel apprehensive. But by no means does this reflect on the police department. I don’t want this to reflect badly on the police department.”

Not a public record

While town officials have known about the tape for months, it was only last week that the tape recording became public knowledge when the Lakes Region Weekly learned of its existence.

When it first surfaced, likely during Lt. David DeGruchy’s internal probe in June, council leadership (Tracy and Vice Chairman Matt Noel) reviewed the tape with the town manager and the three believed the tape was a public document and were prepared to turn it over if a request was ever made, according to Councilor Chapman. Tracy notified Chapman of the tape at that time. But, last week, when the Lakes Region Weekly made a written request for the recording through Maine’s Freedom of Access law, Plante denied the newspaper’s request on threat of a lawsuit by Denbow’s attorney. Plante said he doesn’t want to put the town in jeopardy, despite believing the tape is a public document under Maine law.

“We believe the recording is a public record because it involves a town employee talking to a town councilor about town business. Further, the recording, while made surreptitiously, without Councilor Chapman’s knowledge, was made before any investigation began and is properly in the public domain. That said … Denbow’s attorney claims the recording is no longer a public record and is part of the confidential personnel record because it is ‘any other information or materials that may result in disciplinary action’ under (state law). Rather than risk compromising any ongoing proceedings I felt the most appropriate course of action was to deny the request at this time,” Plante said in an e-mail.

In addition to feeling violated by being taped without her knowledge by a police officer she thought she could trust, Councilor Chapman said she is also upset about having to spend $500 to consult with a lawyer regarding the potential release of the tape after Tracy notified her of the recording.

She said her lawyer also agrees with Plante and Tracy that it is a public record.

“He told me it would be a bigger story not to release it, than to release it, just because there’s nothing on the tape that I haven’t said publicly,” she said. “So I was prepared to release it. But I guess we’re not doing that now.”

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