Portsmouth councilor Tabor advised friend to delete McIntyre notes 'in case of subpoenas'

PORTSMOUTH — City Councilor John Tabor apologized Monday night, acknowledging he “advised a friend after a McIntyre conversation” that it was “best to delete all the McIntyre jottings in case of subpoenas.”

Tabor added in the email he was advising her to do so “because the developer who is very litigious might find them.”

Tabor commented on the issue in connection with Portsmouth's failed partnership with Redgate/Kane to redevelop the McIntyre federal building on Daniel Street, which resulted in the city and the development team suing each other.

Tabor spoke during Monday's City Council meeting, though the matter was not on the council's agenda. He said it concerned “the litigation with Redgate/Kane.”

“As we know there’s a lawsuit in process and I feel that I need to make a disclosure,” Tabor said.

Tabor said the email he sent “emerged” as part of the discovery process in the lawsuit between the city and Redgate/Kane.

Tabor during his comments did not identify the friend to whom he sent the email.

However, city officials issued a statement, saying Tabor sent the email to Anne Weidman on April 4, 2023. That's about a week before the developer and the city filed lawsuits against each other. Weidman is a member of the city’s Economic Development Commission.

“I want to disclose this because it was an error in judgment on my part, even though there was no litigation under way at the time,” Tabor said. “There’s an extra layer of complication in this matter because this friend had just become a volunteer on a city committee.”

He wrote in the email “even though it would seem like mundane and obvious stuff, best to delete all the McIntyre jottings in case of subpoenas,” according to the press release issued by city public information officer Stephanie Seacord.

After the Portsmouth and Redgate/Kane partnership failed, the federal General Services Administration auctioned the McIntyre property in November 2023, accepting an offer from Portsmouth businessman Anthony DiLorenzo, who bid $9 million. The property had been the subject of intense community interest for years as the city attempted to acquire it for $1 from the federal government.

Tabor denies deleting emails and agrees to forensic audit

Tabor told councilors Monday night “it’s my absolute belief that I never deleted or destroyed any of my own emails, my texts, my social media posts or printed documents, about McIntyre, because I knew that deleting any of these would be worse than keeping them.

“I erred in what I advised my friend to do, and for that I apologize to my friend, my fellow councilors and to the public,” Tabor said.

Tabor said he learned about the issue on Monday, March 11, and stated, “I’m disclosing it as quickly as I can in the interest of transparency. I think transparency counts the most when we as elected officials, have to acknowledge mistakes."

Tabor hired his own attorney, on “the advice” of City Attorney Susan Morrell, he said.

“We’ve confirmed that every piece of correspondence between me and others concerning McIntyre, has been produced in discovery,” Tabor said. “And I’m willing to prove that by submitting to a forensic audit on all my devices, email and other correspondence.”

The email exchange between Tabor and Weidman was identified last week from within more than 40,000 pages of discovery documents reviewed by outside counsel over the last several months, according to the city’s press release.

“New Hampshire law requires that parties to litigation properly preserve all records related to that action,” the city's release states, stating Tabor's email to Weidman was sent a week before the lawsuit was filed.

Redgate/Kane and the city filed lawsuits against each other in April 2023 after the two former partners were unable to agree on a plan to redevelop the former Thomas J. McIntyre property.

The city stated in its press releases that Weidman “did not participate in any decisions made by the city during its negotiations with SoBow Square (another name used by Redgate/Kane)."

Michael Kane, the chief executive officer of The Kane Company, said “though we were disappointed to discover that City Councilor Tabor engaged in such a serious lapse of judgement, and breach of trust, we were not surprised.”

“The city consistently has lacked transparency throughout this project, which undermines the integrity of the Portsmouth City Council, as well as public trust in local government,” Kane said in a statement. “It is imperative that the city, its staff and the City Councilors all be transparent about the measures taken and being taken to preserve public records and submit to an independent forensic review to attempt to determine whether any evidence was destroyed.”

“Of course, no review will fully answer the ultimate questions, the contents of what was deleted and why,” Kane added.

Mayor confirms forensic review

Mayor Deaglan McEachern stated that “while we are reassured by your representation that you did not delete any emails related to the McIntyre project, we will have the forensic review conducted by that qualified expert on all of your devices to confirm as you’ve stated that no emails were deleted.”

McEachern declined to comment any further when reached Tuesday morning.

There was no formal motion made in public session to hold the forensic review, nor did any other city councilors immediately comment on the issue.

The press release also includes a quote from Tabor saying, “I can’t apologize enough for my lapse of judgment in a misguided attempt to keep this person out of the fray, and I am willing to do whatever is necessary to prove that I did not delete any McIntyre emails.”

City Attorney Susan Morrell said it is still “early on in terms of processing the information and all the ramifications,” relating to the issue. “It’s hard to know if any other further action will be taken. If there is, it will be at the City Council’s direction.”

Tabor was formerly the publisher of Seacoast Media Group, retiring in 2017. Reached Tuesday morning, he declined to comment further on the issue.

This article originally appeared on Portsmouth Herald: Portsmouth: Tabor advised EDC member to delete McIntyre notes