Did a Bourne town worker record a private meeting between two others? Here's what to know

Editor's note: This story was updated on July 19, 2023, to correct references to the Bourne town attorney and the Bourne police chief.

Bourne town officials are investigating a claim by a municipal custodian that he saw the human resources director recording a conversation between two other town officials in Town Hall.

In February, custodian Matthew Rose said he was collecting trash and found Human Resources Director Elise Zarcaro sitting in the dark in Assistant Administrator Liz Hartsgrove's office. Rose contends that Zarcaro was using her cellphone to record a conversation between Town Administrator Marlene McCollem and former Board of Health Chair Stanley Andrews.

"She was sitting in the assistant town administrator's chair, wheeled away from the desk, with her phone next to the door," said Rose. "She turned towards me waved her arms to tell me to not collect trash and put her finger up to her lips to tell me to be quiet."

In a brief telephone interview with the Times on Wednesday, Zarcaro said no such recording exists.

Asked why she was sitting in Hartsgrove's office in the dark, Zarcaro said she "was just doing my job."

She declined to discuss Rose's allegations further.

Bourne Chief of Police Brandon Esip confirmed with the Times on Tuesday that Bourne police have opened an investigation into Rose’s allegations.

What were the custodian's next steps?

The following day, Rose said he was with Zarcaro and Maria Simone, an administrative assistant, and made a joke about almost blowing Zarcaro's sting operation.

"They laughed and Maria said that she meant to tell me not to go into the assistant town administrator's office," said Rose.

Rose reported the incident to Shawn Patterson, director of Bourne Department of Public Works. Patterson in turn told Peter Meier, then-Select Board chair.

Meier believes he followed proper channels

Meier acknowledged that Rose submitted his complaint to the Select Board, and the statement was forwarded to Town Counsel Bryan Bertram.

"I thought the proper step for me was to go to town counsel because the town administrator (McCollem) reports to town counsel," said Meier over the phone. "I was looking for direction from town counsel so I could protect the town's best interests."

McCollem declined to comment to the Times about the incident but said the Bourne Police Department opened an investigation into Rose's accusations.

"Once the report is available, and I’ve had a chance to review it, I will be happy to schedule a call," McCollem told the Times in an email.

More: Here's what we know about the next town administrator for Bourne

Bertram didn't immediately return calls and emails requesting comment to the Times.

Bourne police found no probable cause for claim

Esip confirmed that police opened an investigation. Police, he said, found no probable cause that any member of the town administrator's office or the human resources director, illegally, or otherwise, recorded the private meeting discussed by Rose.

"I will hold off on discussing more until the final report is available but will caution that if the information you received from Mr. Rose was that he definitely observed an illegal recording of a meeting, that is not necessarily the same certainty he relayed to our investigator," Esip said in an email.

A full report on the investigation will be completed by police this week, he said.

The resignation of a Board of Health chair

Andrews resigned from the Board of Health on Feb. 22, according to a letter of resignation that was forwarded to the Times by the town health department.

After hearing about Andrews' resignation, Rose said he suspected that there was an organized effort by McCollem and Zarcaro to breach Andrews' privacy.

"I don’t know what reason there would be to spy on this meeting, but as employees, we should all be able to come to work and expect that our administration and human resources department will act ethically and within the parameters of the law," said Rose.

On April 5, accompanied by a union representative, Rose said Hartsgrove interviewed him about the February incident. Rose said she told him that town administrators were unhappy that he was "spreading rumors." Before the meeting ended, Hartsgrove said what Rose saw didn't align with the culture and vision the Bourne town administration is working to implement.

Hartsgrove didn't return emails sent by the Times for comment.

When Rose said he was interviewed by police, they suggested that just because Zarcaro's phone was next to the door, it's possible she wasn't recording.

"I said that it's definitely a possibility. But, here she is, sitting in the dark eavesdropping at the very least," he said. "And your human resources director shouldn't be doing that and your town administrator shouldn't be telling her to do that."

Rose is currently on leave from his position.

"I've been lied to and backstabbed so many times and work has become uncomfortable," said Rose.

He said he can't get a clear answer from town officials about the next steps.

"Doing the wrong thing for the right reasons is still the wrong thing to do," said Rose in a prepared statement shared with the Times. "Respectfully, I request some closure on this matter."

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: A Bourne town employee faces allegation of recording private meeting