WINDHAM – Former Windham Councilor Donna Chapman went on the offensive this week as she charged the town with discrimination in its handling of the fallout from last summer’s firing of a police officer.

During the public comment portion of Tuesday’s Town Council meeting, Chapman demanded answers as to why the town’s legal firm had advised former council Chairman Bill Tracy in a lawsuit filed against him by Chapman, while she said she was told by town attorney Ken Cole III that she would have to seek her own representation. Chapman, who during the meeting held large and colorful signs depicting councilors and town staff as liars, also contended that documents she had requested related to the town’s legal bills had not been produced.

Town officials, during a tense exchange with Chapman, argued that because Chapman’s suit against Tracy came as a result of his actions as a councilor, he was entitled to representation by the town’s legal firm, Jensen, Baird, Gardner & Henry. Council Chairman Scott Hayman also said that no one connected to the town advised Chapman to seek an attorney.

Chapman sued Tracy in Small Claims Court last fall for $510, the amount she spent on a lawyer last summer to advise her regarding an audiotape that had surfaced of a conversation between her and former Windham police Detective Michael Denbow, who secretly recorded the conversation outside of Chapman’s Batchelder Road home. Chapman alleges that Tracy leaked the potentially embarrassing tape to a newspaper reporter, which she said forced her to seek legal counsel in an effort to block the publishing of the tape’s contents. Her lawyer, Nicholas Walsh, charged her $510 for reviewing the half-hour-long taped conversation and determined she hadn’t violated any laws and wouldn’t be held liable for statements made on the tape.

Chapman’s claim against Tracy, she said, is an effort to recoup money she feels she didn’t need to spend. She feels both she and Tracy should have been provided legal advice from the town, or both she and Tracy should have had to seek advice on their own.

Denbow was fired after he investigated Tracy, who has a leadership role at Gorham Savings Bank. At the time, Windham officials were exploring merging dispatch services with Cumberland County, a move that was ultimately successful and supported by Tracy. Denbow, who was outspoken against the merger, felt Tracy had a conflict of interest due to the bank’s business with the county. Chapman believes she is being discriminated against because of her support for Denbow and her stance against the dispatch merger.

The Denbow matter at least in part resulted not only in Chapman’s resignation from the board, but also Tracy’s and Carol Waig’s, as well. Denbow, according to sources familiar with the situation, is on unpaid administrative leave but is still appealing last summer’s firing through his lawyer, John Chapman, who is no relation to Donna Chapman.

And as evidenced by Tuesday’s contentious meeting, the issue is far from resolved.

Chapman and Hayman had a tense discussion during the meeting in which they both raised their voices and were visibly frustrated.

“When you first took your council seats I asked you for certain information and I’ve not received an answer yet,” Chapman said at the meeting. “I’m really disappointed, because it’s an issue, and it’s an ongoing issue. And it’s in regard to Ken Cole’s billing practices to the town. I’m going to ask you one more time. He billed you to go after documents in regards to Bill Tracy and myself and my small claims documentation. So I would ask that anything to do with Bill Tracy and myself that was billed to the town be reimbursed by Jensen, Baird, Gardner & Henry, because it is a personal matter. And until it becomes a council and a town matter, he shouldn’t be billing (the town) for those hours.”

Chapman then castigated the council for not investigating the hours billed by Cole.

“Apparently you feel I’m out in left field in my request for that information,” she said. “As a taxpaying citizen, it’s my right to see that the money being spent by my tax dollars is spent properly. Apparently, it’s not and apparently some of you sitting on the council feel it’s acceptable.”

Hayman directly addressed the matter once public participation was over. Referring to Denbow’s investigation into Tracy’s background, Hayman said, “Bill Tracy’s matter was a council matter. He was a sitting member of the council … employed by the town, as you were at the time. He has a right to counsel representation by the town as any of us have.”

Chapman then interrupted Hayman, saying, “And I did not receive that.”

Hayman cut off Chapman, who was speaking out of turn, and said, “I’m not done. If he’s being sued individually, then that’s his thing. But nobody here told you that you had to have counsel. So, you chose on your own to seek counsel for your $500. So you’re suing Bill Tracy for your $500. He is being protected as a sitting member of the Town Council at the time.”

Chapman, with a raised voice, then said, “I will tell you that I was informed by Ken Cole that I needed an attorney, so why did not Bill Tracy get told the same thing? That then is discriminatory and we now have it on public record. Thank you, Scott.”

Hayman then asked Town Manager Tony Plante to clarify the issue.

“My understanding is the situation that Mrs. Chapman has discussed … was a small claims action she sought to bring against former Councilor Bill Tracy as a result of actions she alleges he took as council chairman,” Plante said. “It’s standard practice for the town to accept any service of any suit when it involves a town official. If it were later deemed this was a personal matter between Mrs. Chapman and Mr. Tracy, then the town would have no further involvement. Our understanding at the time was that it was related to actions that Bill took when he was on the council.”

At Tuesday night’s meeting, former Windham town councilor Donna Chapman charged the council, town lawyer and town staff of discriminating against her for events stemming from a police officer’s firing last summer. (Staff photo by John Balentine)