The Sagadahoc Sheriff’s Office begins to speak out.

Manhardt didn’t usually see Damren’s cell phone bill, so he was surprised that it was there.  Although Damren was a member of the Sheriff’s Department, he was paid through a federal Department of Justice drug enforcement grant called Weed and Seed, and that grant was administered by the Volunteers of America (VOA).  Damren was a drug enforcement officer, a position that was funded through the grant.  Manhardt believed that VOA was reviewing the phone bills.

In January, the phone bill was hundreds of dollars over the monthly allotment.  Manhardt picked up the phone to VOA to alert them to the problem.

He learned, to his dismay, that neither he nor the VOA administrator had been reviewing the monthly phone bills.  Both agencies had thought the other was doing the oversight.

Manhardt went back and looked at Damren’s cell phone history.  Quickly, he realized it had not been a one-time occurrence, but had been a pattern over many months. Damren had racked up over a thousand dollars in cell phone charges above the allotment in just a few months.  Many long calls were to his wife, so it was clear to Manhardt that at least some of them were of a personal nature.

On the 7th, Manhardt notified the Sheriff, and on the 9th, he spoke to the County’s attorney, who requested documentation.  Manhardt provided the documentation, and on the 11th, the Attorney General was notified.

During this time, Manhardt contacted the service provider, and was told that when anyone went over their allotment, the individual was notified at the time of the call that he would be billed for the overage.  Each and every time, he had to accept liability for the charges.  Mark Damren had a large plan, because of the nature of his work.  He could use 2000 minutes per month, which was billed at the flat rate of $99 per month.

Jay Manhardt’s main concern was that the federal grant was in jeopardy.  It is not a small grant, and it funds   law enforcement positions, as well as community programs countywide to stem drug abuse and prevention programs.  In 2007, Sagadahoc County received $199,887 under the grant.  Under the terms of the Weed and Seed grant, law enforcement agencies are not allowed to incur costs not related to drug enforcement.  Damren and another deputy had been hired with Weed and Seed funds, and both of their positions were at risk.  Ironically, the other deputy was at greater risk, because he had been hired after Damren.

It wasn’t the first time Mark Damren had fallen afoul of Department policies and placed the Weed and Seed grant at risk.
A year before, Damren had been suspended for four days without pay.  Manhardt broke the suspension up over a weekend to make it easier financially for Damren.  That time, the problem was inappropriate internet usage on a computer financed by the federal grant. That case was not grieved, so it is part of the public record at this time.  Among other issues, Damren used the internet for unethical purposes, visited internet sites that contained pornographic content, and posted indecent proposals and materials on the internet.  Damren, along with all other County employees, signed an internet usage agreement at the time of his employment.

A major concern at the time was that, as part of his position as undercover drug investigator, Damren was leaving himself in a compromised situation if anyone he was investigating recognized him from the internet.  In addition to the suspension, Damren was restricted to using the computer only for email, and had to pay to have the computer scrubbed of any pornographic content.

As a result of that case, the County developed a new computer use policy to address internet issues more comprehensively.  Although it is public record, the Sagadahoc Sheriff’s Department did not attempt to make the case public by releasing the information to the media last year.

In the 2008 case, when the County’s attorney recommended an outside internal investigation, Manhardt spoke to Jason Moen of Auburn Police Department.  With the authorization of his Chief, Moen undertook the investigation.

Manhardt said that it is typical for police agencies to provide this service for one another, when an internal investigation must take place.  “We don’t charge one another, except for materials,” Manhardt said.  “I think the only cost to the taxpayers in this case were for printing and a couple of binders for the results of the investigation.”

Damren was placed on paid administrative leave on January 28.  “I was concerned, especially given the events of the year before, that we had placed the grant in risk again,” Manhardt said.  “I had Damren’s and the Department’s best interests at heart.” He turned over materials on January 29, and asked Damren to make himself available to the investigator.

In due course, Moen completed his investigation, and on April 3, Damren came in to learn what actions were going to be taken.

Manhardt said that the report itself cannot be revealed, citing confidentiality issues, but certain provisions of the decision have already been made public by Damren and published in other local newspapers.  He was placed on four weeks’ unpaid suspension, must pay over $800 to the Department for the cell phone charges, and will return to work May 1, reassigned as a patrol deputy.

Damren’s attorney, Michael Turndorf, said that Damren has written a reply memo, and will grieve the decision.  “We will not release the results of the investigation to the public,” Turndorf said.  “It’s junk.”

 “We didn’t make it public,” said Manhardt.  “We have a well-established grievance procedure, bargained in good faith between the County and the union.  We believe the best place for such disputes is within that system, not in wild accusations made in the press.”

During the course of the investigation, in mid-March, the regional union that represents Sagadahoc County Sheriff's Department employees filed a complaint with the Maine Labor Relations Board against Manhardt.

The American Federation of State, County and Municipal Employees (AFSCME Council 93) filed the complaint according to a press release issued by Turndorf, who is also representing the union. According to the release, the complaint ‘alleges that Chief Deputy Manhardt improperly confronted union members to dominate or interfere with the formation, existence or administration of union member activity.’

The complaint further alleges that Manhardt interfered with, restrained or coerced employees in their exercise of rights guaranteed to them as union members.

Manhardt says that the issue arose when several union members complained about the process during the investigation of Damren.  “I said something like, ‘Hey, guys, just wait for the report to come out before you make any decisions’, and somehow it was turned into my trying to suppress the union.”

Manhardt says he would like to correct the misinformation he believes  has been in the press, but his options have been limited by his need to protect Damren’s rights and by employment law.  “I know I have to make unpopular decisions ... I am not going to please everyone ... but there has been a one-sided commentary in the press, with attorneys taking a path well outside the established procedure of grievance and arbitration.

“I am confident that our decision was fair and reasonable for Damren, the public, and the Department.  In the meantime, I have a responsibility to be honest with the public, even if it makes people in the Department angry.”  Manhardt pointed to a Hyde School motto on his wall, ‘Truth over Harmony’.

“Once everything comes out, which it will after Damren’s grievance process is complete, I trust the people we serve to make up their own minds about the situation.”

Manhardt is concerned about what will happen in July, when the Weed and Seed grant comes up for an audit.  “Another deputy was hired after Damren,” he said.  “The policy is always, ‘last in, first out’.  If we lose the funding, I will have to lay off the guy who came in after Damren, even though he’s done nothing wrong.

“In my position, I have to look at the bigger picture.  The Department stands to lose a position, and it’s a valuable one.  Mark [Damren] did some pretty good work for us when he was out there.  It will be hard to make up the funds if we lose the Weed and Seed grant over this.”

Detective Chad Carleton took over the Drug Enforcement position on April 14 in order to save the position.  “We had to be proactive,” Manhardt said.   “We have to show that federal funds are being spent correctly.  I am confident that our actions will demonstrate we are taking steps to be in compliance with the grant.”

The case was further complicated by Damren’s allegation, in February, that Sheriff Mark Westrum had sexually harassed him in August of 2006.  That case is still under investigation.