Johnston files lawsuit against Duluth school district, board members

Duluth School Board member Art Johnston filed a lawsuit Wednesday against the Duluth school district and five other board members in U.S. District Court.
Johnston alleges that his First and 14th Amendment rights were violated in the board’s December decision to remove him. The lawsuit says that the district’s code of ethics is unconstitutional; that his right to free speech has been “chilled” and that his right to associate “freely in his domestic concerns” has been violated.
The board based its decision to remove Johnston on the results of an independent investigation it approved in June. The results showed that Johnston demonstrated a personal conflict of interest in his advocacy of his partner -- who is employed by the district -- during a work dispute. It also revealed that Johnston engaged in behavior deemed to be abusive, threatening and intimidating toward Superintendent Bill Gronseth and former board chairman Mike Miernicki during incidents following a high school graduation ceremony in June.
Johnston is asking the court to declare that the district’s code of ethics is unconstitutional, to stop the board’s resolution to remove him and cancel the impending hearing; and that his costs and damages be paid by the district.
A hearing, according to the lawsuit, has been scheduled for May. The hearing is to be before a retired Hennepin County judge, and must take place before a board can remove a member. State statute allows the removal of a member for proper cause with the consent of at least four members.
The board members named in the lawsuit are Miernicki, Judy Seliga-Punyko, Annie Harala, Bill Westholm and Rosie Loeffler-Kemp. Harry Welty was not named.