A discussion between legal types …

…prompted by the DNT story on Attorney Rice’s Investigation of Art Johnston

I can’t complain about the Tribune’s description of the outhouse. Its all journalistically accurate. What does cause me some chagrin is that it fails to zoom out so that the reader can see that the outhouse has been placed in our living room. I’ll offer up my own measured response to this story but perhaps not until I’ve had a chance to read the omissions in the Tribune’s redacted report and compare it to my complete and unredacted copy. Until that time I’ll offer my readers a little email discussion I’ve been made privy to:

From “A”

On Fri, Nov 21, 2014 at 10:37 AM, “A” wrote:
Harry:

From http://www.duluthnewstribune.com/content/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.

But shouldn’t the investigator simply have provided evidence to the Board, of what was done, and left to the Board, conclusions about the evidence?

“A”

From “B” to “A”

Cc: Harry Welty;
Subject: Re: Johnston probe finds intimidation, abuse | Duluth News Tribune

Touche, “A”. The conclusion appears to be less than objective. I guess the board bought the answer they wanted.

“B”

From “A” to “B”

To: B
Cc: Harry Welty;
Sent: Friday, November 21, 2014 1:37 PM
Subject: Re: Johnston probe finds intimidation, abuse | Duluth News Tribune

“B”:

I was initially upset by what I quoted from the article. I wondered whether the investigator sensed that most of the Board wanted to be stoked by the opinion that the investigator reportedly provided; and I wondered whether most of the Board wanted such an opinion, for the purpose of covering its butt. However, instead of unloading on the Board; and instead of unduly trying to influence anyone to my thinking; I decided to circulate what I did.

Maybe I am not sufficiently informed about all of this, but for me, the process seems to smell.

I do not mean to suggest that I think that Johnston’s behavior has always been angelic, but neither would I suggest that the behavior of all of the other Board members has always been angelic.

“A”

From “C” to “A”

“A”,
This investigation seems to have been contracted “MAI” , MADE AS INDICATED ! ! ! —Why attorney’s from down south ? ? ? Did they have to go that far to find some firm that would take the case ? ? ? Mern is about 6′ 2′ or 3″ and goes about 230 as I recall–I have a hard time believing that he would be intimidated by a guy with the stature of Johnston.

You are right “A”, this doesn’t even come close to passing the smell test. Besides, if there was alleged “assault or battery” shouldn’t the local law enforcement investigated it. $210.00 / hr. does not sound like much until you see the total billable hrs. We already pay for the cops.

“C”