Johnston probe finds intimidation, abuse

An investigator has found that Duluth School Board member Art Johnston’s behavior the night of the East High School graduation in June was “intimidating, threatening and abusive” toward both Superintendent Bill Gronseth and board chairman Mike Miernicki.
The investigator’s report also concludes that several incidents relating to most of the allegations made against Johnston by three fellow board members earlier this year reveal that Johnston has shown a personal conflict of interest in his role as a board member.
A heavily-redacted 65-page report resulting from the four-month outside investigation approved by the board in June was released to the News Tribune on Thursday following a public records request.
Nearly 40 people were interviewed and emails, newspaper articles, text messages, and board meetings were reviewed during the investigation. It was conducted by the Eden Prairie, Minn., law firm Fafinski Mark and Johnson at a cost of $210 an hour.
The allegations against Johnston include: assault or otherwise improper conduct toward Gronseth and Miernicki; a racist or an otherwise improper comment toward a staff member; abuse of authority as a School Board member as it relates to a staff member or members; conflict of interest in relation to a staff member and violation of the board’s code of ethics.
Johnston has denied all of the allegations, which stem from incidents between Johnston, Gronseth and Miernicki at the graduation, where Johnston confronted the superintendent and the chairman about a work conflict involving his partner, Jane Bushey, an employee of the district. Johnston has said he merely spoke to each in anger.
The results of the investigation could end in censure of Johnston, or removal from the board. Minnesota statute says that a member can be removed, with proper cause, by a vote of at least four members. According to Greg Abbott, communications director for the Minnesota School Boards Association, the statute has only been used twice - in 2009 in Austin, Minn., and 2012 in St. Francis, Minn. In one instance the board member had a felony drug conviction, and in the other, the member was found to have plagiarized a published column.
A board meeting will be held Dec. 2 at Historic Old Central High School to go over the results with the investigator, Mary Rice. At that time the board could decide to schedule a hearing where members vote on the removal of Johnston from office. Public comment will not be taken, Miernicki said.
THE ASSAULT/IMPROPER CONDUCT ALLEGATIONS
The investigator’s report indicates that board member Annie Harala witnessed Johnston approach Gronseth following the graduation on June 4. It reads: “she watched Art Johnston very briskly walk up to him from behind and shove his left shoulder pretty hard … His shoulder to hip lurched forward … To Harala it was a violent act. She was afraid. …
“It was very shocking to watch our employee be shoved,” Harala told the investigator.
Board member Rosie Loeffler-Kemp also witnessed the incident, and agreed that it was inappropriate. A parent, Chris Lane, told the investigator that he did not see any physical interaction between the two, but passed by them when they were speaking. He said Johnston appeared to be worked up, but Gronseth didn’t. Lane heard Gronseth say it wasn’t the right time to discuss whatever Johnston brought up.Gronseth, in the report, said the incident humiliated him, and he felt his face burning. When Harala later texted him to see how he was doing, he said he was fine but embarrassed that others saw the incident, the report says.
“It is undisputed that Johnston was angry and made accusatory statements, and Gronseth’s statement that he braced himself, fearing that Johnston was going to hit him, is believable and reasonable given the circumstances,” the report states.
“Even had there been no shove, Johnston’s behavior clearly interfered with both his and Gronseth’s ability to interact with the public, as would be expected of them following a high school graduation. ... It occurred without paying heed to the interests of the public, including parents and students, that surrounded them.”
The report also says Johnston later grabbed Miernicki’s arm to turn him around to speak with him, according to Miernicki and fellow board member Bill Westholm. Johnston denies this.
THE RACIST/IMPROPER COMMENT ALLEGATION
The report says that there isn’t any way to substantiate whether Johnston made a racist remark toward an employee he may have otherwise criticized. The accusation stemmed from an end-of-year staff party at someone’s home. Witnesses allege that Johnston also criticized Gronseth and sought people to testify against the school district. The report says those actions show a personal conflict of interest.
THE CONFLICT OF INTEREST, ABUSE OF AUTHORITY AND CODE OF ETHICS VIOLATION ALLEGATIONS
The board’s conflict of interest policy relates to financial matters, and the report says nothing shows Johnston violated that. However, a more general, personal conflict of interest was found within other accusations, including the alleged violation of the code of ethics, and the alleged assaults and improper comments. The report doesn’t directly say anything about the abuse of authority allegation, directing readers to the code of conduct section, for example.
Fifteen code of conduct violations are noted in the report. Some are related to incidents involving the investigation and some stem from board meetings, newspaper stories and emails. Among the examples are that Johnston publicly criticized the performance of an employee, whose name was redacted, and participated in a meeting for Bushey, which he turned confrontational, the report says.
At that meeting, the report says, Johnston introduced himself as a School Board member. It was confusing whether he was there as a board member or partner to Bushey, at least one witness said, noting that it appeared he was trying to interfere with the process and use his role as a board member to intimidate.
Johnston said Thursday that Bushey asked him to attend the meeting because she was expecting a personal attack, which he said happened. A witness account in the report tell a different story.
Bushey, a licensed practical nurse working as a paraprofessional for the district, was moved from East High School to Ordean East Middle School just before the end of last school year, an event that sparked the incidents that resulted in the investigation of Johnston. But he became involved in a dispute between her and the district months earlier, attending meetings with staff and sending emails to Gronseth on her behalf, according to the report.
An East parent has said he took issue with Bushey’s care of his child, and that she may have violated privacy laws - something Bushey denies. Both Johnston and Bushey have contended there were ulterior motives both in moving her and in starting the investigation, citing a school administrator’s feelings toward Bushey and Johnston’s reputation for outspoken attacks against district financial management and its long-range facilities plan, for example.
Johnston said Thursday that he would advocate for any district employee the way he did Bushey, and has, noting he presented a list of 30 people to the investigator. The report says, however, he hasn’t attended any meetings with other employees and their supervisors.
BOARD REACTION
Johnston is disappointed with the investigator’s work, he said, and doesn’t believe she should be paid in full.
“Some things are clearly blatantly wrong,” he said, and there is no conclusive conflict of interest.
As far as the report’s claims that he disrespected Gronseth publicly, he said, “I am not subservient to him. As a School Board member, I am his boss.”
He doesn’t believe his behavior is deserving of board removal or censure, he said.
“Was I mad? Yes. Aggressive? No. I think he deserved to be called a liar because he was,” Johnston said, referring to Gronseth.
Harala, who with Loeffler-Kemp and Judy Seliga Punyko called for the investigation, said the behavior laid out in the report, from many sources, is concerning. If the superintendent, a principal or teacher behaved the way Johnston did, “there would be no question we would look into an investigation,” she said. “When desperation leads to something physical … it was scary that it moved from words to action.”
She noted there were many areas where conflict of interest could be a problem on the board, citing the fact that her mother is a teacher at Congdon Park Elementary.
“Boundaries for an elected official are very important,” she said, noting how she and others are careful to respect them.
Miernicki said the report was fair to all sides. He said Thursday the incident involving him was “humiliating and frightening.”
Member Harry Welty said he’s been critical of the board, as well, and he’s not being investigated. He pointed out that if district officials deemed Johnston’s involvement in Bushey’s dispute interference, they should have stopped him from taking part.
“I have panned the report as a whole and think it was written to sound as damaging as possible,” he said. “I don’t think the offenses have enough weight to justify any serious penalty.”
If the board votes to remove Johnston, Welty said, the ill feelings caused will have further negative consequences on the members. He noted much was made about how everyone “is suddenly afraid of Art. But they are afraid of his anger. It’s not the same as being afraid of being hit.”
Miernicki and Gronseth did note in the report their fear of being struck.
Westholm, a former longtime principal in the district, said it could be argued that Johnston’s behavior crossed a line.
“Because the significant other was involved it was very tempting for him to get involved, but that’s a little unusual,” he said. “Even as a non-School Board member, that would be a little unusual” in the manner it was approached.
Loeffler-Kemp said the report highlights “serious issues” surrounding Johnston’s behavior.
“I do feel that as a School Board member we have a code of ethics that we follow in terms of our actions and our behaviors,” she said, and Johnston’s actions are concerning.
Johnston, for his part, said he would apologize for “raising his voice” to Gronseth, but he expected apologies in return for the “incendiary” accusations against him involving assault. If he doesn’t receive them, he’ll ask for Gronseth’s resignation and for Miernicki to step down from the board, he said.
“As an elected official, we are supposed to get involved,” he said. “If people have problems with the school district, this is what we do. It is my role, and she is someone I care about and it is absolutely critical.”