Former Sauk County corporation counsel issues intent of another lawsuit over firing

Olson outlined his reasons in a letter of intent to sue addressed to the Sauk County Board of Supervisors, which voted 29-0 Tuesday to “disallow” the claim on advice from the county’s insurer.

The county contends the claims made by Olson, who was placed on paid administrative leave in January 2020 while the subject of two anonymous misconduct claims and terminated from his job in May 2020, fail to “conform to the requirements of” state statute 893.80. The statute outlines how claims against governmental bodies can be made.

Olson’s letter, dated Jan. 18, states that he intends to bring a lawsuit for violations of federal and state law for “unconstitutional retaliation against” him for testimony to a county committee in December 2019 and January 2020 as well as “for his protected speech/testimony to the Wisconsin Department of Justice, Sauk County District Attorney and Sauk County Sheriff” Jan. 21, 2020. He contends the violations also include “unconstitutional deprivation of” protected speech and testimony “by intentional or reckless obstruction of requested investigation.”

Olson wrote that suspension and termination of his employment was done for “improper purposes,” there was a violation of his “contractual right to good faith and fair dealing” and that the county perpetuated “malicious or recklessly false communications about and against” Olson while intentionally or negligently interfering with his employment and made an “unreasonable infliction of emotional injury.”

Olson had previously pursued legal action against the county in the form of an injunction in Sauk County Circuit Court, which was dismissed in August 2020 by Circuit Court Judge Patricia Barrett. Olson had not met the required burden of proof, Barrett said, and dismissed the case with prejudice, which means it cannot be refiled.

In that civil proceeding, Olson had asked that he be reinstated to his job, noting that he couldn’t fight alleged misconduct without the powers of his position. He has contended that the Sauk County Board of Supervisors violated state open meetings law. The Sauk County District Attorney’s Office has dismissed the complaint, noting the January 2020 meeting attended by roughly half of the board to consider an investigation into potential misconduct by Olson was posted lawfully.

Olson and the county board became embroiled in a disagreement when Olson first presented a report to the board alleging “serious misconduct” by four supervisors and five department supervisors. Supervisor Tim McCumber filed a public records complaint against Olson, which was also dismissed.

The letter notifying of a new lawsuit also proposes a settlement.

In it, Olson suggests payments for compensatory damages, punitive damages, interest and equitable relief from the county, the Wisconsin Counties Association, Wisconsin County Mutual Insurance Corporation, litigation consulting firm Aegis Corporation, of Brookfield, and every individual board member as well as former members. He also asks for money from Sauk County District Attorney Michael Albrecht, current Corporation Counsel Brian Desmond, County Clerk Rebecca Evert and other former or current county employees as well as individuals hired to consult for the county or investigate claims of misconduct against him.

The settlement amounts range from $1,000 to $25,000 in compensatory damages and $5,000 to $500,000 in punitive damages from the individuals. He proposes $100,000 in compensatory damages specifically from the county as well as back and front wages which are “to be determined.”

According to online court records, Olson has not yet filed a suit against the county in circuit court.

Editor's note: This story was edited Feb. 18 to clarify the purpose of the first civil case brought forward by Olson against the county in 2020 and add that he intends to file the suit in federal court.