Attorney says mayor defamed teacher
By David Harry
Staff Writer
An attorney representing a Biddeford teacher under investigation by the state has taken the first step toward a potential civil lawsuit against the city and school board.
Attorney Howard Reben, representing Biddeford Middle School science teacher Barbara Fortier, has filed separate claims against the city and the Biddeford School Board that allege Biddeford Mayor Joanne Twomey made “false and defamatory statements” that Fortier had been suspended and should be dismissed from her job. The notices say the statements were made on or about Sept. 30.
In an interview in the Courier in October, Reben confirmed Fortier is under investigation by Maine Department of Education officials to determine whether she inappropriately helped her students study for material specifically included on the Maine Education Assessment test given last spring.
DOE officials threw out the test scores, and DOE spokesman David Connerty-Marin said this week there are no new developments in the investigation. Biddeford Superintendent of Schools Sarah-Jane Poli last week said the board also is conducting “an ongoing investigation regarding MEA irregularities.”
Twomey said she cannot discuss the notice of complaint or any comments she allegedly made, but Reben said it is clear Fortier was granted a leave of absence by Poli.
“There is no question she wasn’t suspended. The suggestion of a suspension was devastating,” Reben said of Fortier.
His client asked for and received an unpaid leave of absence from Poli to attend graduate school classes, Reben said.
In each notice of claim, Reben asserts his client suffered damages to her personal and professional reputation “having a dollar value in excess of $300,000.”
Reben said the notices had to be filed within 180 days after Twomey allegedly made her comments. The notices pave the way for a lawsuit to be filed within two years of the date the statements were allegedly made.
The notices sent to Biddeford City Manager John Bubier and School Superintendent Sarah-Jane Poli list board of education members Margaret “Peggy” Bean (Fortier’s mother), Daniel Boucher, Cynthis McSorley, Anthony Michaud, Nathan Mills, Laura Seaver and Jane Kircher as governmental employees involved, but not as potential defendants.
Reben said he could not recall why the board members were said to be involved or in what context Twomey allegedly made her comments.
“I knew it well when I wrote the notice,” Reben said, adding he is dealing with a large caseload and did not have the complaint file in front of him while speaking about it last week.
Reben said printed comments attributed to Twomey “formed the basis” of the notices of complaint.
“This was a woman who was a presidential selection as teacher of the year. She has high standards for herself and her profession,” Reben said. He said her unpaid leave of absence includes health insurance benefits extended to teachers under normal contract provisions.
Fortier had volunteered to help create the state test, which is supposed to be kept confidential, Reben said.
He said it is a matter of perception as to whether material overlapping from teaching to testing is due to Fortier’s experience as a teacher or an intentional effort to boost scores. Any suit would be heard in York County Superior Court in Alfred, Reben said.
Although it will be up to a judge to decide whether two claims or one will comprise any suit filed by Fortier, Reben said the $300,000 claim in the notices is the statutory limit of what Fortier can seek.
“It is not a multiple of any income,” Reben said of damages that might be sought in court.
Bubier said because Twomey’s comments were made in her capacity as president of the Board of Education, he would seek to have claims against the city dismissed from any potential lawsuit.
The Biddeford City Charter appoints the mayor as president of the Board of Education.
If the city were to become a defendant, Bubier said damages that could be awarded would be covered by an insurance policy held by the city.
Poli said the Biddeford School Department also is insured against potential defamation judgments.
Reben said he is surprised Twomey has not apologized to Fortier for her comments.
“We all make mistakes, but it has been sitting out there for months,” Reben said.
Staff writer David Harry can be reached at 282-4337, ext. 219
Staff Writer
An attorney representing a Biddeford teacher under investigation by the state has taken the first step toward a potential civil lawsuit against the city and school board.
Attorney Howard Reben, representing Biddeford Middle School science teacher Barbara Fortier, has filed separate claims against the city and the Biddeford School Board that allege Biddeford Mayor Joanne Twomey made “false and defamatory statements” that Fortier had been suspended and should be dismissed from her job. The notices say the statements were made on or about Sept. 30.
In an interview in the Courier in October, Reben confirmed Fortier is under investigation by Maine Department of Education officials to determine whether she inappropriately helped her students study for material specifically included on the Maine Education Assessment test given last spring.
DOE officials threw out the test scores, and DOE spokesman David Connerty-Marin said this week there are no new developments in the investigation. Biddeford Superintendent of Schools Sarah-Jane Poli last week said the board also is conducting “an ongoing investigation regarding MEA irregularities.”
Twomey said she cannot discuss the notice of complaint or any comments she allegedly made, but Reben said it is clear Fortier was granted a leave of absence by Poli.
“There is no question she wasn’t suspended. The suggestion of a suspension was devastating,” Reben said of Fortier.
His client asked for and received an unpaid leave of absence from Poli to attend graduate school classes, Reben said.
In each notice of claim, Reben asserts his client suffered damages to her personal and professional reputation “having a dollar value in excess of $300,000.”
Reben said the notices had to be filed within 180 days after Twomey allegedly made her comments. The notices pave the way for a lawsuit to be filed within two years of the date the statements were allegedly made.
The notices sent to Biddeford City Manager John Bubier and School Superintendent Sarah-Jane Poli list board of education members Margaret “Peggy” Bean (Fortier’s mother), Daniel Boucher, Cynthis McSorley, Anthony Michaud, Nathan Mills, Laura Seaver and Jane Kircher as governmental employees involved, but not as potential defendants.
Reben said he could not recall why the board members were said to be involved or in what context Twomey allegedly made her comments.
“I knew it well when I wrote the notice,” Reben said, adding he is dealing with a large caseload and did not have the complaint file in front of him while speaking about it last week.
Reben said printed comments attributed to Twomey “formed the basis” of the notices of complaint.
“This was a woman who was a presidential selection as teacher of the year. She has high standards for herself and her profession,” Reben said. He said her unpaid leave of absence includes health insurance benefits extended to teachers under normal contract provisions.
Fortier had volunteered to help create the state test, which is supposed to be kept confidential, Reben said.
He said it is a matter of perception as to whether material overlapping from teaching to testing is due to Fortier’s experience as a teacher or an intentional effort to boost scores. Any suit would be heard in York County Superior Court in Alfred, Reben said.
Although it will be up to a judge to decide whether two claims or one will comprise any suit filed by Fortier, Reben said the $300,000 claim in the notices is the statutory limit of what Fortier can seek.
“It is not a multiple of any income,” Reben said of damages that might be sought in court.
Bubier said because Twomey’s comments were made in her capacity as president of the Board of Education, he would seek to have claims against the city dismissed from any potential lawsuit.
The Biddeford City Charter appoints the mayor as president of the Board of Education.
If the city were to become a defendant, Bubier said damages that could be awarded would be covered by an insurance policy held by the city.
Poli said the Biddeford School Department also is insured against potential defamation judgments.
Reben said he is surprised Twomey has not apologized to Fortier for her comments.
“We all make mistakes, but it has been sitting out there for months,” Reben said.
Staff writer David Harry can be reached at 282-4337, ext. 219
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