WESTBROOK – City officials are calling a planned lawsuit against the city by Westbrook School Committee member Suzanne Joyce “unfortunate,” and the school board chairman says some residents are upset by the action.
Joyce has notified city officials that she will file a suit, claiming she was wrongfully charged last year for obstructing an investigation of a former school employee.
Charges against Joyce for hindering the apprehension of former Westbrook Middle School special-education technician Dereck Gilman were dismissed in September. She had been indicted by a Cumberland County grand jury on the charge of obstructing an investigation.
Gilman, whose charges were also dismissed, was accused of engaging in sexual acts with a minor, a 17-year-old student in Westbrook.
According to the notice of claim, filed Feb. 25 by her attorney, Gary Goldberg of Terry Garmey & Associates, Joyce seeks damages of $400,000. The claim specifically cites Officer Ryan Close of the Westbrook Police Department, who, according to the claim, “caused, initiated, procured, or continued a criminal action without probable cause, was acting with malice.”
The claim also says the city and the Westbrook Police Department “failed to properly train or supervise” Close.
Goldberg said Wednesday that he and his client would not comment on the notice of claim. Joyce could not be reached by the American Journal’s deadline on Wednesday.
On Monday afternoon, Bill Baker, assistant city administrator for business and community relations, released the city’s response:
“This is yet another unfortunate twist in a tragic tale that has a member of our School Committee casting a long shadow over the schools and now calling the integrity of one of our fine law enforcement officers and our superb police agency into question. We are confident that this matter will be resolved in favor of the officer and the department and we hope that happens sooner rather than later.”
School Committee Chairman Jim Violette said Wednesday that he has received comments from residents since the claim was made public.
“Some people seem to be upset,” he said. “They’re questioning why an elected official would be suing the city they represent.”
Violette added that the School Committee has not discussed the suit because it is a case that does not involve the school system.
“Last year it was proven that she was innocent,” he said. “As long as this doesn’t impact her job in representing the taxpayers from an educational perspective, we let the process conclude, and once we have the facts [we] can make decisions.”
School Committee member Veronica Bates said Wednesday that the committee is not focused on the suit, but instead trying to maintain its work at the school level.
“I do not believe it is something that we’ll be discussing,” she said.
However, Bates cautioned Westbrook residents on judging her fellow committee member.
“My personal feeling is that a lot of people are really vilifying her without actually talking to her,” she said. “She has always been very trustworthy, and would do anything for kids and colleagues.”
The claim states that during his investigation last year, Close provided information to the Cumberland County district attorney “alleging that witnesses stated Joyce had intimidated or otherwise caused witnesses to be uncooperative with Close’s investigation,” which led to Joyce’s grand jury indictment.
It also blames the city for allowing Close to “provide inaccurate and false information.”
“As the plaintiff knows, only the district attorney’s office can seek an indictment through the grand jury, and we have great confidence in our district attorney’s office,” reads the statement from Westbrook officials. “We are confident that both the police and the DA’s office acted in accordance with the evidence and the law.”
Goldberg’s notice of claim says that due to Joyce’s indictment, she has lost business opportunities and “has sustained damages to her reputation in the community.”
Joyce is a senior account executive at Norton Insurance in Falmouth.
The statement from the city called Joyce’s suit “another unfortunate choice by a member of our School Committee, but we look forward to our day in court and vindication.”
The statement also said that Westbrook officials would have “no further comment until the legal process has taken its course.”
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