Huron board member files injunction

Huron School Board member Kevin Asher has filed an injunction against the board, three board members and the school treasurer.
Sandusky Register Staff
Jul 2, 2012

Huron School Board member Kevin Asher has filed an injunction against the board, three board members and the school treasurer.

Asher, represented by W. Patrick Murray, has asked the court to grant him a temporary injunction preventing the school district for paying McGown & Markling for an investigative report it prepared for the district looking into the activities of superintendent Fred Fox. (See the McGown & Markling report HERE.)

Read the full document below.

Comments

underthebridge

Just curious -- Given that Kevin Asher is an attorney, is he going to file a complaint with the Ohio Supreme Court re: the conduct of Attorney Markling?  He says that the report is biased, slandered, and below the standard of care, then he should also file the complaint there.   The Ohio Supreme Court would conduct their investigation into the professional conduct of Markling free of charge.  

Tsu Dho Nimh

Anyone and $50 can file a lawsuit.

Kevin Asher, you better be prepared to defend YOURSELF with legal counsel when the truth about your actions as a school board member comes out.  Mr. Caporini should be concerned, too!

Sold On Fox 2

TDN-

This is serious and just as some of us on here have been describing it. This is a witch hunt and is fully spelled out in Kevin Asher's injunction. I'm proud that a Huron Board of Education member finally followed the procedures and within the law gave us a 'public' document worth reading.

This injunction spells out what Fred Fox has done and it's about time !

Asher and Caporini were against the procedure, not the investigation. It was the truth that the 'investigation' was slanted and also violated the Sunshine Law when the three rogue board members approved it on there own and outside of a board meeting.

Thank God for Kevin Asher. He did it the right way !

TheIrish

 This is exactly the injunction I have been waiting for since this story broke... Kevin Asher, thank you for producing the injunction. I believe that anyone and everyone interested in this topic read this injunction before allowing one more comment to slip from your lips. I think the injunction describes perfectly what is going on here. Now that the truth is printed in black & white, the Fred Fox who has been supporting the schools and the community in general may enjoy a moment of serenity in all this. How dare these conspirators waste the tax money without approval and for what purpose? Fred Fox wasn't even involved with the Kalahari Real Estate taxes! This was a witch hunt from the start. If there was an inappropriate relationship, and that's a huge if, it had nothing to do with taxes, job performance, a breach of any ethics, or a parallel of Fox's judgement. Slocum I hope Huron bans Ace Hardware. I will never have any use for you. And shame on the others as well. Again, I commend Asher for his willingness to stand beside a great administrator and protect the schools from paying outrageous fees for a slanted report that the three principal so called "violators" never had a chance to comment on because they never received an invitation to interview.

Sold On Fox 2

TheIrish-

I only wish there was a 'LIKE' button !

Great post !

Sold On Fox 2

Support Fred Fox on Facebook !

http://www.facebook.com/?sk=welcome#!/SupportFredFox

Fred Fox has no connection to this social media site.
This is soley in support of him and not involving him personally.
Friends of Fred Fox please follow the link !

Sold On Fox 2

Tim SOWecke made sure the documents went public no matter what the other Huron Board of Education members thought.

This is who represents us ? There's other places to buy hardware.

Support Fred Fox on Facebook !

http://www.facebook.com/?sk=welcome#!/SupportFredFox

Fred Fox has no connection to this social media site.
This is soley in support of him and not involving him personally.
Friends of Fred Fox please follow the link !

Tsu Dho Nimh

Irish

The truth isn't in black and white, Kevin Asher's point of view is in black and white.  He accuses the law firm to have reported on hearsay but his take is nothing but hearsay.  He cannot prove Mr. Sowecke's motives anymore than we can prove the intentions behind the whistle blowers.  Mr. Asher claims that Mr. Sowecke shared that he met McGown/Markling at the new school board members conference and Mr. Sowecke says he never made that statement.  There is no way to verify the conversation.  It is fair to say that neither man has much professional, or perhaps even personal, respect for one another.  Just because Mr. Asher is an attorney does not mean that he doesn't have his own personal agenda.  He admitted some things that he approved for Fred Fox in the public portion of the last meeting that clearly violates the board policy; the use of public monies, and the IRS, just to name a few.

I think Mr. Fox is going to thank Kevin Asher in the long run because Mr. Asher may be exposing himself as the real problem of how the district got itself into this legal mess.

For $50, any fool can file a lawsuit!

 

Tsu Dho Nimh

Irish

The truth isn't in black and white, Kevin Asher's point of view is in black and white.  He accuses the law firm to have reported on hearsay but his take is nothing but hearsay.  He cannot prove Mr. Sowecke's motives anymore than we can prove the intentions behind the whistle blowers.  Mr. Asher claims that Mr. Sowecke shared that he met McGown/Markling at the new school board members conference and Mr. Sowecke says he never made that statement.  There is no way to verify the conversation.  It is fair to say that neither man has much professional, or perhaps even personal, respect for one another.  Just because Mr. Asher is an attorney does not mean that he doesn't have his own personal agenda.  He admitted some things that he approved for Fred Fox in the public portion of the last meeting that clearly violates the board policy; the use of public monies, and the IRS, just to name a few.

I think Mr. Fox is going to thank Kevin Asher in the long run because Mr. Asher may be exposing himself as the real problem of how the district got itself into this legal mess.

For $50, any fool can file a lawsuit!

 

Sold On Fox 2

TDN-

It won't be in black and white because all of the communications happened in executive session where no minutes are taken. What we didn't see and hear are the arguments there, but Kevin Asher's injunction spells out that the two of them, (Caporini and Asher), suggested a different route and only approved Markling for 10 free hours.

That's all in black and white !

Respectfully,

Sold on Fox 2

TaxRaider

I am a bit confused, someone help me out.  On one hand Mr. Asher said a vote can not be taken in executive session because this violates the Sunshine Law.  Now I read the vote to turn the investigation over to the OEC, instead of the Markling group, happened during executive session therefore there is no record of it.

This is what I see in the minutes.  Why didn't a BOE member make a motion to continue the investigation through the OEC.  This motion was too broad, it includes a declaration of wrong doing.  How could the BOE determine no wrong doing if the OEC had not investigated the aligations?

 

"Mr. Asher moved, seconded by Mr. Caporini to terminate the investigation of the Superintendent and to issue a declaration of no wrong doing. 

Ayes:  Caporini, Asher

Nays:  Green, Slocum, , and Sowecke:

 

Swamp Fox

So does Mr. Asher rec use himself from all further actions/proceedings involving Fred Fox since they now share the same attorney/law firm in this matter? 

 

Sold on Fox 2, question do you have know if Mr. Fox has a morals clause in his employment contract?

 

 

Tsu Dho Nimh

Swamp Fox

Excellent question and a valid concern.

 

Sold on Fox

You are correct about the privacy of executive session.  Also, please note that minutes are NOT required for discussions in executive session.  Most likely there is no record of anything discussed out side of the public meetings. Again, I stand by my opinion that what Mr. Asher states happened cannot be proved or disproved.  His injunction is that of a personal opinion and perspective and not of facts that a prudent person or member of the legal system can determine wrong doing WITHIN THE LAW. 

He is wasting our time, embarrassing the board more, and making Mr. Murray richer.

retired08

 Wow!!!!! This must set the bar for somehing going viral!!!!

 I have to agree with the issues raised as to the competence and motivations of the "firm" that conducted the investigation.  Read that half a**ed report that cost 50k .  Their off the wall determnation of who is or is not credible leaves me speechless. A person is either credible or not. There are not shades of creibility. You are either a liar or not. So on that basis alone this report should be an embaressment to any licensed attorney.

And as far as the employment conract Mr. Fox has with the district go back and read it. No morality clauses or anything like that are in it so rather than spend thousands of dollars during these economic times trying fire the guy just let him serve out his contract and don't rehire him. In other words, build a bridge and get over it.

Tsu Dho Nimh

Sold on Fox

What will be proven is that Mr. Asher and Mr. Caporini, along with Nancy Bulea approved the additional expenses to be paid for the March 2011 Arizona trip.  They also instructed the treasurer, who answers directly to the board, to pay said expenses.  Did the treasurer feel bullied or is he part of the group?  Don't know but he had to know it was wrong when he dispersed the check to Mr. Fox. Mr. Asher made this very clear at the last meeting during the public portion that the board approved the personal expenses instead of paying airfare and that Mr. Fox has done a great job leading the district. He was clearing Mr. Fox of wrong doing in the matter.  Even told the crowd to ask Nancy Bulea if we did not believe him. The emails between 4 of the board members on public record support that three of them felt that he was deserving of some extras.  The LAW  and POLICIES on so many levels (Federal, State, and local) were ignored.  EXPERIENCED board members should know what is legal and what is not!!!!! He should be worried about his own neck and quit worrying about Mr. Fox, his golf buddy. (And he did admit to joining Fred on golf outings prior to becoming a board member!)

Darkhorse

It seems odd that Murray is representing both Fox and a school board member at the same time and over the same subject?  Where are the affidavits?  What a mess.   People are going to have to swear to tell the truth somewhere along the line.

car 54

    Huron City schools need pray and understanding.  I could care less who Fox slept with. 

donutshopguy

 Sold on Fox 2,

Isn't this lawsuit regarding the " Fred Fox Fiasco" bringing more embarrassment to the city of Huron?

Or is this public laundering of issues exceptable in your eyes ?

 

 

Sit n Spin

Sweet baby Jesus....everyone involved in this mess has taken a giant dump in their lunch pails !  I hope they all have deep personal bank accounts !  The taxpayer is not going to foot the bill for their behavior !

Sold On Fox 2

DonutShopGuy-
Obviously you are not embarressed by anything said or done by anyone including yourself ?
I still think you may be Tim SOWecke. How's business today, Tim ?

-------------------------------------------------------------------------------------------

Asher's injunction only documents what I have been saying all along,
(and no.. I'm not an Asher.. hahaha)..
So.. All along this whole 'affair' could have been settled and Fred Fox could have been punished, (or not), by just turning over the whole mess to the Ohio Ethics Commission without making Fred Fox 'allegations' public or spending $50,000+ ?  Where did we ALL hear this before ?

This is not about what Fred Fox did, or did not do, it is ONLY about an opportunity to publicly smear Fred Fox and obviously Mr. Asher did not put it in writing with a Murray, or two, for nothing.

Asher's injunction tells why it happened and how it happened. IT DOES NOT MINCE WORDS and unlike the Board's 'not really officially hired' attorney's entirely slanted report.. there is actually stated who said what and when.. not he told me, she told me, they said, etc..

To correct a posted inaccuracy: The H-Team is not affiliated with the Huron Athletic Boosters, nor has it been since the early 90's. The H-Team began with about ten guys from the booster club who ACTUALLY painted the big H in the middle of the Huron Football field. The H-Team is now  a group of guys who do things for the football team. Period. Now.. as individuals do these same guys do things for others ? Sure.

(Funny that the same guy who pulls the H-Teams strings is also the puppet master in this whole debacle ? Couldn't help calling the red kettle black this time, DSG).. 

I agree with your comment DonutShopGuy, to clean house and start fresh. This entire battle is politics gone crazy like some video from another country's parliment where one Chinese politician slaps another one. What's next ? Strap on boxing gloves with Sowecke being the biggest, so he rules ?

So.. DonutShopGuy and anyone else who still thinks that this was all handled correctly and that Fred Fox belongs on the FBI's top ten list.. Fred Fox is human, but the only concrete evidence that he did something wrong was not sold by Huron Cement. It was quite to the contrary, brought to the attention by some revengeful political wannabe's Hell bent on causing some chaos.

When chaos reigns, no one pays attention to what's really going on.

Sold On Fox 2

Support Fred Fox on Facebook !

http://www.facebook.com/?sk=welcome#!/SupportFredFox

This Facebook page is in no way connected to, nor is it under the direction of Huron City School's superintendent, Fred Fox.

donutshopguy

 Sold on Fox 2,

So you are in agreement that any position above teacher in administration, including the board, should be dismissed? If we are going to clean house don't do it half a$$ed.

Anytime you want to get together let me know. I'm not afraid to let you know who I am. Are you afraid of letting mre know who you are?

 You are mistaken. The H-Team is under the umbrella of the Booster Club. For liability and financial reasons. Also, I have been a part of H-Team fundraisers and assistance for other sports. 

Sold On Fox 2

You know I'm messing with you DonutShopGuy.. But don't let me stop you from announcing who you are to all of these fine posters. Next you'll have a boycott of your business by those who don't agree with your statements. No thanks !

And my saying the H-Team is not part of the Huron Athletic Boosters is an absolutely true statement. You can play semantics and claim that the H-Team is remotely interested in other sports, but we both know the truth. The umbrella for liability reasons is a reasonable statement. In other words the H-Team was forced to do business with the Huron Athletic Boosters because they could not/would not form their own 5013C Non-Profit. So... whether you have been a part of the H-Team or not, let's not be delusional.

And in answer.. I don't know what else would be the proper road to follow ? How can any of these people ever work together again ? It is obviously a totally disfunctional work place. Would you want your children in this atmosphere ?

Thanks for the offer DonutShopGuy, but the coffee is not worth the fallout.

Sold On Fox 2

and DonutShopGuy-

Please do not take my words out of context and imagine in any way, shape or form that I am saying the H-Team is not doing a lot of great things for Huron kids. In my mind, at one time, the H-Team meant a lot more than just a bunch of Dad's cooking hotdogs. But.. certain elements in the 'organization' spent a lot of effort becoming just another exclusionary club like the 'Sons of Alvito'.

I'm definately not against them, but am not for them, either. I'm Switzerland.. Nuetral.

donutshopguy

 Sold on Fox 2,

Thought so!  When you get called out you folded like a house of cards.

Should we all assume your comments have the same strength, in truth. to them?  Thought so, again!

I stand behind what I have said on this blog.  I have no problem proving who I am. I am neither embarrassed by my comments or afraid.  Can't say the same for you.

 

Again, I have participated in activities with the H-Team that were not only for the football team. I have experience with the truth. You are either jealous or ill informed. Which one is it?

Sold On Fox 2

I explained my stance DonutShopGuy.

Go ahead and say who you are since you so boldly proclaimed my lack of intestinal fortitude to do so.

Be the man you say you are, Tim Sowecke.

What earthshaking news have you ever provided on here ? If you are so unafraid and unembarrassed show yourself. Simple. Be what you say or be what you are calling me. I have no need to prove anything to the likes of you. I have hit a nerve talking about your holy H-Team and it is rather fun to watch you defend this exclusionary group that shouldn't even exist because there is already a booster club.

I would say that everything you have called me is true about yourself and it bothers you for some reason ?

Come clean, Tim. We all want to know you better.

Imataloss

It's time for everyone to put their pride aside and settle this manner.  Give Fred a buyout, pay Markley a reduced sum and move on.  TDM is right - at this point, the only ones that are going to win are the lawyers and certainly not the taxpayers.  Wrap it up people. 

Imataloss

It's time for everyone to put their pride aside and settle this manner.  Give Fred a buyout, pay Markley a reduced sum and move on.  TDM is right - at this point, the only ones that are going to win are the lawyers and certainly not the taxpayers.  Wrap it up people. 

donutshopguy

 I think what you might see by the general public is the total removal of the board of education and the whole administrative staff. Out with everyone who is not a teacher or below that level.

Sounds like a fresh start.  

HeatinHuron

This is getting out of control. It may be time to remove the entire board and start fresh. Too many board members with other agendas rather than the best interests of the children of Huron!!  just a mess.....Shameful

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