Taxpayers may be wondering who will foot the bill for the recent judgment against the Boothbay-Boothbay Harbor Combined School District (CSD) in the lawsuit brought by former industrial arts teacher Fred Lewis. Although Justice S. Kirk Studstrup granted immunity to former Police Chief Steve Clark, he upheld the jury's July decision against the school district and its employees. Studstrup assessed $5,000 in damages and $45,000 in punitive damages against both former superintendent Mark Keegan and Boothbay Region High School principal Jack Tourtillotte and $245,000 in damages to the CSD. He also assessed the defendants for court costs and interest.

Daniel G. Lilley, Lewis' attorney, says that Lewis has filed for $60,000 in statutory interest and costs, bringing the total assessment against the school district and its administrators to over $400,000. It is presently not clear whether these damages will be paid by the school district's insurance or the towns' taxpayers.

Superintendent Eileen King said that the CSD has filed an appeal in the case, and because of the pending litigation, she is not free to comment on many issues. Lilley claimed that "There is nothing to appeal . . . The school district is just postponing the inevitable." King said that the appeal could take another year to resolve. According to Lilley, the interest awarded to Lewis, unless overturned in the appeal, will continue to accrue during the appeal process. Lilley said that although pre-judgement interest rates are about three percent, post-judgement interest rates are much higher, at about 10 percent.

King stated that the CSD has spent $2,500 in legal fees on the case to date and that that amount was paid as a deductible. The question of whether the monetary assessment, if upheld, will be paid by the CSD's liability insurance or will be borne by the school district remains unanswered. King stated that the insurer informed the CSD on February 7, 2007 that some parts of the case might not be covered. The CSD has since filed suit against its insurer. Whether the legal costs of the appeal or the lawsuit against the insurance company will be borne by taxpayers is also currently unclear.

The crux of Lewis's lawsuit was that he was wrongly accused of having a sexual relationship with a student and that actions by school administrators forced his premature resignation. On December 14, 2001, school administrators placed Lewis on paid administrative leave after learning that the Boothbay Harbor Police Department was investigating allegations against Lewis of sexual misconduct with a minor and trespassing. On December 15, Police Chief Clark learned that the allegations of sexual misconduct were actually against another school employee, not Lewis. On Monday, December 17, Clark met with Tourtillotte and Keegan and informed them of the mistake. Later that week, Keegan and Tourtillotte met with Lewis but did not inform him of the new information from Clark that cleared him. On December 20, 2001, Lewis resigned. Prior to his resignation, Lewis had been a BRHS industrial arts teacher for 23 years.

Lilley stated, "This was a cover up. Instead of coming forward and admitting their mistake, the school district kept trying to find something against Lewis. The jury didn't find negligence in this case or carelessness, they found that the school administrators committed acts motivated by ill will, bad faith, or improper motive. This is a serious finding."

King would not comment on whether the CSD or its insurers would cover the assessments against Tourtillotte and Keegan. Lilley suggested that most municipalities would pay for an employee's wrongdoing, but that it will be the school district's decision. "If the CSD doesn't pick up the tab for the individuals, we will go after the individuals," he concluded.

Although the judge and jury have rendered their decision, for the taxpayers of Boothbay and Boothbay Harbor, this case is far from over.