Huron board OKs two resolutions relating to Fox investigation

School board members met behind closed doors Saturday morning to discuss legal issues surrounding the Fred Fox investigation and the Kevin Asher lawsuit.
Jessica Cuffman
Aug 27, 2012

School board members met behind closed doors Saturday morning to discuss legal issues surrounding the Fred Fox investigation and the Kevin Asher lawsuit.

The Huron Schools board of education and two attorneys met for an hour and 45 minutes while eight people waited to see whether they'd take any formal action after their discussion.

By a vote of 3 to 2, they did approve two resolutions, one to rescind a motion passed at their regular August meeting and the other to approve a new version of that motion.

The move clarified the board's approval to waive attorney-client privilege, so three law firms can share information regarding the investigation and the lawsuit.

McGown and Markling conducted the investigation into allegations made against superintendent Fred Fox, which ultimately lead the board to initiate termination proceedings against him and to place him on paid leave June 19.

The law firm will now be able to share that investigation with Spengler, Nathanson and Hanna, as well as Campbell and Powell, two other law firms playing roles in the investigation and the lawsuit.

The board also approved language to allow the investigation to be shared with the Ohio Ethics Commission and any of that agency's investigators.

Board members have said the investigation already was delivered to the ethics commission.

In past meetings, the board also voted to send the investigation to the state auditor and the state board of education.

Spokesmen for both those agencies have told the Register they can neither confirm, nor deny whether they received the investigation or if they are otherwise investigating Fox.

Board president Scott Slocum said after Saturday's meeting the board chose to meet then because that's when each of the attorneys needed for the discussion could be present.

He declined to comment on the status of the termination proceedings the board voted earlier this year to initiate against Fox.

Fox is accused of having an improper business relationship with Kalahari Resorts CEO Todd Nelson, evidenced by Fox accepting discounted rooms, free golf and other alleged gifts when visiting the business' Wisconsin Dells resort.

Board member Kevin Asher filed a lawsuit against the board of education to keep the district from paying the $50,000 bill from McGown and Markling.

He alleges the report is biased and slanted purposefully against Fox.


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Gobucks085 -

While I'm in complete agreement with you about Mr. Caporini's temper and the firing of people who have never had documentary discipline, I have to strongly disagree with the title of Business Mgr you have bestowed on such an unbusinesslike person as Mr. Caporini's lacky... lol

Just as Tim Sowecke's running of the probably soon to be defunked hardware business, how can we compare the way that school board members run their businesses to the way they allow the school's business to be run ? lol OMG..

At some point the people in Huron have to become aware that they weren't willing to take on these school board positions, but possibly they should have done a little more checking before casting, or not even casting their votes.

All registered, and those not registered but able to be, voters in Huron need to share the blame for this situation. They put these people in power either by voting, or not.

Perhaps now the Huron Board of Education has their attention ?

This entire episode is indictive of a much bigger problem which is voter apathy.

The hundreds of thousands of dollars of Huron property tax dollars being spent on this should get someone's attention ?

I only wish I would have had this many dollars to waste in my business as I would have chosen to waste it in Las Vegas instead of attempting to get rid of a person who knows more about schools and education than the whole Huron School Board knows collectively. 

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You, and the rest only know what you have read in an unpaid for, illegally presented report.

I am definately not the one, (all), being played here, but thank you for your consideration !

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You, and the rest only know what you have read in an unpaid for, illegally presented report.

I am definately not the one, (all), being played here, but thank you for your consideration !

(Justme - You really don't have too much to say and just seem to like to egg things on so I'm not going to waste too much time on you. I doubt that you even live in Huron and if you do I'm going to make some assumptions about your ties to this mess next.)

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Not an inaccuracy in my 'story'. It's history, not a 'story'.

OK.. The Huron School's were 'under state control'. I guess in your world, (unlike the real world), that does not mean bankruptcy ?

I NEVER once said that the success of the Huron Schools financially or educationally was entirely because of Fred Fox. And actually, what I said was 'there were a lot of spokes in the wheel that rolled the Huron Schools back to successful' and one of those spokes was Fred Fox.

Spin my comments any way you would like to, but I will stand behind what I said.

Fred Fox was not alone, but the only constants in our school's history are Fred Fox, John Caporini, the teachers and the support staff. Add to that a constant flow of students and their parents and you have the whole 'wheel'.

The only thing you know about Fred Fox's ethics are what you read in a totally slanted, illegal report. Maybe.. Just maybe you should look closer at the Huron City Schools and Fred Fox before you form an opinion ? Talk to Fred Fox. He's available as he is not working. Form your opinion directly from Fred Fox. Not what you read..

Julie R.

If McGown and Markling were hired to do an investigation into the alleged wrongdoings of Fred Fox, where is Kevin Asher and his Murray attorney coming from when they say the report is biased and slanted purposefully against Fox? Who do they think it was supposed to be slanted against --- John Doe or Jane Smith? Doesn't make a bit of sense. 


Julie,  I think they mean the board did it on PURPOSE to get rid of Fox.   Just to get rid of him. They  made it look worse than it was.

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You hit the nail on the head. The Markling report was not only slanted, it was down right libel. It became libel when Tim Sowecke hand delivered it to Columbus, (I wonder if he asked to be re-imbursed for his gas ?)

Markling was asked to look into the 'alegations' when he volunteered to do 10 hours of free work for the Huron Board of Education. He then came back with a huge pile of crap and wanted $50,000 for it.

At this point, Markling has yet to be paid and Huron's taxpayers should be there to make sure it never is paid for.

Markling is a hired assasin, but illegally hired... lol

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At this point I haven't said all I know, but I've said all I am going to share.

Attack me and what I have said all you want, but when the axe falls.. it will not be on Fred Fox's neck.

Get ready for the shock all of you who think that Fred Fox is some type of criminal. Fred Fox is exactly the opposite of that, but soon there are people in Huron who will find out who is REALLY running the district.

The gossip will continue because it is Huron. And it is not the Huron Register, it's the Sandusky Register, so don't expect the Register to come to Huron's School's aid any time soon. They will continue to try to find stories such as these to take shots at the little 'rich' town down the road.

And I will be here reading, watching, listening and remembering and fighting for Huron's kids.

As I wrote before: Try to find two people who have done more for Huron's Schools and the City of Huron than Todd Nelson and Fred Fox. Way to shoot our town in the foot Tim Sowecke, Donna Greene and Scott Slocum.

I wish I had been in that meeting on Saturday. I understand the lawyers were even sitting with Caporini and Asher.

Figure it out people.


 Why do Mr. Caporini and Mr. Asher continue to vote against any means of sharing information to resloving this issue?

What are you two hiding?

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Donutshopguy -

Where ya been, pal ?

At this point, my H-Team friend, if they asked that board to vote on whether white was black it would be 3-2. What you are seeing is a totally disfunctional board caused by three members going beyond their scope of office to get Fred Fox.

It's only going to get better and when it is all over and the dust settles I hope you continue to help Huron's kids. The general public would not believe how many kids live in Huron and are in need of financial or paternal help. Not in Huron ?

Actually the truth is at this point Caporini and Asher have the least to hide on this board.

7 attorneys involved in this mess. Even an even tempered fellow like yourself has got to be getting heated over the money ?


 I think it is totally disfunctional due to all five members. No one gets a free ride on this. If the community wants to get passed this issue all board member should step down and Mr. Fox should go with them.  That was easy.

Why wouldn't Mr. Caporini and Mr. Asher not want all the information shared with everyone?  They are all acting like spoiled brats.

None of these individuals effect my life or my involvement with kids. 



Mr. Donut,,, I hope you didn't get your grammar education from Huron Schools!!!

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While in theory, I agree with what you have said, although that action would not justify what has happened here.

Mr. Caporini and Mr. Asher were against hiring Markling for 10 'free' hours.

Mr. Caporini and Mr. Asher were against making this whole scandal public.

Mr. Caporini and Mr. Asher did the only thing they had in their power to do: Vote No

Tim Sowecke, on his own, hand delivered the document that made this all public. I say on his own because even Donna Greene and Scott Slocum had no idea Tim Sowecke was going to do this.

I won't even get into Tim Sowecke's motivation for doing this, but he has effectively cost the Huron Public Schools possibly millions for his actions.

Donutshopguy.. You are a good man who has done a lot for kids that are not even your own. So has Fred Fox. Please put yourself in Fred Fox's shoes just for a moment. He and his family didn't deserve this.



 If Mr. Caporini and Mr. Asher wanted to make all the information avaliable to all, why did they vote against the resolutions that pertain to that situation in the Saturday board meeting?

Just don't buy your spin.

I would not put my family in this situation.  I have sympathy for his wife and children.  Not Mr. Fox.

Mr. Fox works for the public and situations like this become public record. Mr. Fox knew this possibility when he took the job unless he is less intelligent than I believe.

Past practice in Huron is to bury a similar situation.  Guess the majority of the school board didn't get the message how things are normally handled in Huron.

This could be a good thing for the future.

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Caporini and Asher have nothing to hide. Seriously.

The two 3-2 votes are just as I described to you earlier. 3-2 is what it's going to be no matter what the vote at this moment. It is dysfunctional. But.. 3 is a majority so business will still get done.

I agree that putting his family in this situation is Fred Fox's fault and he admits to making a mistake that he wish he could take back, but cannot. It is what it is.

This whole situation DID NOT NEED to become public record. This board never even reprimanded Fred Fox ?

And thanks for the laugh about past practice.. There are two cases of teachers in Huron actually ending up making it legal with 'past' students. I could go on and on, but the truth is here that Fred Fox screwed up. At least it wasn't with a student. If it were I would be on the other side of this arguement right now.

Brick Hamland

The report could have been positive in favor of Fred Fox, considering before he came to town the school system was close to a receivership and nearly bankrupt. Sounds like some of the board members are on a witch hunt against Fox. Moreover, having a relationship with Mr. Nelson, who by the way basicall funded the stadium renovation project, doesn't seem like a bad thing to me. I thought I read he had donated $500K to the stadium project, now they want to throw him and Fox under the bus... hope he doesn't donate any more money and the community realizes which board members wanted to take shots at Nelson and Fox.

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The report could not have been more slanted even reporting the fact that if people had nothing bad to say the 'reporters' had no interest in them.

Find two people, especially on the school board, who have done more for the Huron City Schools and the City of Huron than Todd Nelson and Fred Fox.

**(In fact.. If you are reading this, ask yourself what you have done in comparison ? Not you, Brick.. the rest of our citizens who are so quick to find blame with nothing but allegations).

(A hint: You will not find them)

The board members, and their co-conspiritors will get theirs in the end even if it takes until the afterlife.

Julie R.

@wiredmama222: We can agree to disagree. Unlike the idiot Murman Report that was done on purpose to get rid of Kim Nuesse, I do not believe for one second the Huron board did this on purpose to get rid of Fred Fox. They had some pretty serious allegations against Fred Fox and only time will tell if the allegations were warranted.  My opinion ---- they were.  

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Julie R -

Write this down: Fred Fox will not be found guilty of anything. He WILL BE given his job back and he WILL BE apologized to.. Publicly.

Include this too:
This whole mess was created by a smear campaign led by Tim Soweke and Donna Greene and endorsed by Scott Slocum. They asked Attorney Markling to look into the situation when Markling offered 10 free hours and Markling turned it into a $50,000 report that was done in a manner that would have made Mother Theresa look bad.

Then.. Tim Soweke, (acting on his own because a school board member is only a school board member when sitting at a conveined board meeting), physically took the Markling report to the Ohio Ethics Committee, thus making the Markling report a public document. You, and I, wouldn't even know about the 'alleged' transgressions if Tim Sowecke did not do this on his own. This should have all been handled by the Ohio Ethics Commission and not been leaked to the public until something was decided.

So.. The 3 Stooges who make up a majority of the Huron Board of Education have attempted to publicly smear Fred Fox and HAVE DONE SO ILLEGALLY !

IF YOU READ ALL THAT HAS BEEN PRINTED on here, or in the Sandusky Register, you would know all of this. But.. As most who just love to see someone else in more misery than than themselves would take from this.. Let's hang Fred Fox.

THE TRUTH IS: Fred Fox is the victim here. He and his family.

Tim Sowecke.. Donna Greene.. and Scott Slocum created this whole mess and believe me.. There will be consequences. But not for Fred Fox. (That is if you do not count what this mess has done to his name and credibility.)

So.. Attack me and what I am telling you all you want, but when the smoke has cleared.. You can say you read it here first.

PS - You are entitled to your opinion, but I wish you would learn more about what is really going on before you form it.


Moderators have removed this comment because it contained libelous or defamatory statements. Discussion Guidelines


Sold I'm starting to feel sorry for you.  You are being played.

Sit n Spin

I see that the Fremont Administrator has purchased a house with her "husband" in Perkins Township after her resignation.  They must want to be closer to the Fox's "mentoring" session' the Fox doesn't have to travel so far to play in the hen house !  What a sweet couple they are to accommodate the Fox like that !

P.S. Sold.....You never did tell me how you like your crow served ;)  I like mine plucked, broiled, smothered with a buttery hollandaise sauce and a bottle of chianti to wash it down but somehow I don't believe I will be dining on such a magnificent feast :D  


Sit and Spin~

You must be a real fool to post something so ridiculous regarding a purchase of a home.  Really what diffrence does it make..people need to get on with their lives. Maybe you should too!

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You are actually funny... No really... lol

She's from Perkins and the 'affair' is over so maybe they moved closer to a marriage counsoler ?


Certainly is a lot of money spent and not sure how I see any of it spent to educate children. I look at the $50,000 along as homes paying it. To me on the tax duplicate that translate to about 38 homes in Huron have school taxes going to the legal expense as we know it right now. Not a penny of that money will make kids smarter, given them help in their classwork, provide them more innovative technology to compete in the workforce upon graauation, give them more up to date textbooks.....not a penney. To me its all going t line the pockets of attorneys who don't even live in Huron, pay not a dime of school tax to Huron but are just feeding on we local taxpayers.

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You are right on the 'money' except the money being spent on lawyers at this point is more like hundreds of thousands. The $50,000 is the proverbial 'drop in the bucket'.

Not one of the 7 attornies that I count lives in Huron. Maybe Murray ?

And all of this because two board members saw an opportunity to rid themselves and their friends of the guy who has been standing in their way for a while.

Fred Fox will be back, but the damage to the school system and Huron property owners will go on for a while.

Do any of these Huron Board members even know they are in the business of educating Huron's children ?

Tsu Dho Nimh

Sold...your wife made it to the meeting so that is close enough.  As far as who was sitting with whom, during the public session both attorneys sat in the front row.  Where they sat during the executive session, who knows and why does it matter.  Everyone had to sit by someone. I'm sure Caporini updated his former collegue after the meeting : )  Besides, isn't executive session private?  Information discussed behind closed doors is supposed to be kept behind closed doors.

Donut...I'm with you.  Why wouldn't two members want the information to be shared among the attorneys?  I would think it would be helpful in determining the truth.  It sounds like they are afraid of the truth.


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I am not Craig Bulea... lol

My wife has very BLACK hair... lol

She was definately NOT at the Board meeting.

You are still stuck on Caporini and Asher not wanting info shared and it is exactly the opposite. The 3 Stooges now DEFINATELY do not want Caporini and Asher to share with the public what the 3 Stooges have ACTUALLY done here.

My reference to executive session seating was all about 'posturing' and what is actually going on at this point. The lawyers want nothing to do with the 3 Stooges as the 3 Stooges have totally screwed up in how they went about defaming Fred Fox.

Fred Fox and his family are the victims here. I remember Bill Clinton being in a similar situation. The whole country forgave him because basicly.. THE GUY WAS DOING HIS JOB and the extraciricular was his business.

You have it all wrong. Caporini and Asher are not trying to keep the lawyers from sharing information in fact they want it shared.

Remember TDN, you read it here.. Not on the front page of the Repeater... er... Register.

Darwin's choice

Gardenman..................GREAT post ! 


As I remember this playing out several months ago...........the least experienced Board member on the School Board goes to Columbus to Ohio School Board Association Conference. Like all conferences there are row after row of exhibitors in the convention hall all marketing their this case the law firm Huron Boad of Education used. They promote 10 FREE hours of legal service. So back comes the novice Board member thinking he has discovered the best thing since the refrigerator ice maker and its all FREE too.

So 3 of the 5 members bite and now we have a $50,000 bill from the law firm who gave us the 10 FREE hours of legal service and the taxpayers are paying two superintendents, chaos in the schools, and no end in sight for a resolution or how much this entire mess is going to cost us.  Yep those 10 FREE hours were a steal. Any wonder why other school systems in Erie County did not fall for this......they are experienced and are not taken in by 10 FREE hours of legal advice. Come next OSBA Conference though there will be others just like Huron Board who will fall for the deal from this law firm...otherwise they would not be there year are year. Huron Board certainly paid for their time and space to exhibit.

A+ for the law firm they found just what they were looking for at the OSBA Conference and F for HCS Board of Education who fell for the scam. I can hardly wait to see what the Board member brings back from the next conference he attends.