SHARON – A former employee in Sharon’s Code Enforcement Department is accused of recording conversations with city employees last year.
Scott Dubay, 37, whose address is listed as 275 Sterling Ave., Apartment 204, c/o Sharon Code Enforcement, was charged with intercepting communications and manufacturing a device to intercept communications stemming from accusations that he recorded conversations in February and March 2019 without consent of those being recorded.
State law requires that no one can record another person without the consent of everyone involved, except in limited cases such as public meetings.
Sharon Manager Bob Fiscus said Dubay was employed with the city as a code officer from January 2018 until March 24. Fiscus declined to comment further, citing personnel confidentiality, and referred all further questions to Mercer County District Attorney Peter C. Acker.
Fiscus did not say whether Dubay was fired or if his departure from city employment was connected with the recording allegations.
According to a criminal complaint, Sharon police Chief Edward Stabile said a woman, who had previously worked in the city code enforcement office, approached him with a claim that Dubay had illegally recorded conversations with her.
She told police that, when he recorded her, they were both employed in the city’s code department, and that she never gave her consent to be recorded. The woman said she learned of the recordings while examining her own city personnel file.
Stabile assigned a detective to investigate.
The detective interviewed Dubay, who said he had been having issues with a woman in the department, police said. Dubay admitted that he began to record conversations with the woman to collect evidence against her.
Police said Dubay admitted that he recorded conversations with a small digital recorder that he would turn on at the start of his shift and leave on until he was done for the day. He told police that he hid the recorder in his shirt pocket while he was at work, but that he had deleted all the recordings.
Police obtained a search warrant to seize the recorder and its data, and turned it over to the state police computer crimes lab.
The lab provided Sharon police with a compact disc that contained recordings taken from Dubay’s device. The CD held 53 files taken from the digital recorder, with several victims recorded by Dubay between Feb. 11, 2019, and March 12, 2019.
The victims were all city employees at the time the recordings were made. Police said none of the victims gave consent to be recorded.
A preliminary hearing is scheduled for June 25 in front of District Judge Dennis M. Songer, Sharon.
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