St. Croix County judge dismisses filing from former superintendent for restraining order
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By LeAnn R. Ralph
GLENWOOD CITY — Based on a formal agreement between Tim Johnson and the Glenwood City school district, a St. Croix County judge has dismissed the case Johnson filed asking for a restraining order to delay the release of a forensic audit.
The civil lawsuit asking for a restraining order was scheduled for oral arguments from Johnson’s attorneys and attorneys representing the Glenwood City school district in St. Croix County Circuit Court on Friday, August 15.
A formal agreement worked out by the attorneys representing Johnson and the school district prompted St. Croix County Judge Scott J. Nordstrand to issue a stipulation to dismiss before trial on August 15.
Tim Johnson, former Glenwood City school superintendent, filed for a restraining order in St. Croix County Circuit Court July 8 to prevent the school district from releasing the results of a forensic audit to the public.
At issue are alleged irregularities concerning reimbursements to Johnson between July 1, 2017, and September 10, 2021, for continuing education classes Johnson said he had taken at Viterbo University in La Crosse that amounted to $40,650.
Michael J. Ervin, an attorney from the law firm Squires, Waldspurger & Mace P.A. out of Minneapolis, filed a reply in St. Croix County Circuit Court July 11 to former superintendent Johnson’s motion for a restraining order.
In his filing with the court, Johnson argued that his right to privacy and the right to protect his reputation outweighed the public’s right to have access to the forensic audit and to a report about the audit.
According to the introduction to the memorandum opposing Johnson’s complaint submitted by the attorneys representing the Glenwood City school district, “… the public’s interest in inspecting the report substantially outweighs Plaintiff’s personal privacy and reputation interests …”
The request for a restraining order was filed to keep the forensic audit and the audit report from being released on a public records request and to stop the school district from presenting the results of the audit at a public meeting scheduled July 24.
The meeting on July 24 was subsequently cancelled.
Staff update
Olson sent the following update to Glenwood City school district staff members last Thursday.
“Former Superintendent Tim Johnson is dropping his injunction against GDSD based on a formal agreement between his lawyers and our legal team. Thus, the [court] hearing for 8–15–24 has been officially canceled. The only stipulation of the agreement was to provide a copy of the forensic audit to Tim Johnson at least seven calendar days before releasing it to the public. As part of this agreement, GCSD will plan to release the official audit via email on Friday, August 23, 2024, to the first requester, GCSD staff, and all media outlets that made an initial request. We are working with Intellex Forensics to reschedule the public presentation of the official audit findings that was canceled July 24, 2024.”
The Glenwood City Tribune Press Reporter has made a formal open records request for the results of the forensic audit and the report.
9 years
The school district’s reply to Johnson’s request for a restraining order noted that Johnson was employed in the school district from July 1, 2014, to June 30, 2023, and that the Glenwood City Board of Education retained an external audit firm in March of 2024.
The audit firm was retained to “audit District financial activities for potential misappropriating of public funds, including certain financial activities involving [Johnson]. The external audit firm issued its final report and findings in early-June 2024,” according to the school district’s reply to the filing for a restraining order.
In mid-June, the school district received a public records request asking for a copy of the report.
According to state law, the school district was required to notify Johnson about the intent to release the report and also notified Johnson that the school district intended to make the report public at a school board meeting scheduled for July 24.
Johnson subsequently notified the school district he intended to file for a restraining order to keep the audit and the audit report secret.
