Fox court documents allege 'conspiracy'

An attorney for Huron superintendent Fred Fox has filed court documents outlining an alleged "conspiracy" to get Fox fired.
Jessica Cuffman
Nov 12, 2012

The 37-page document is a narrative of why and how Fox believes three school board members have conspired to oust him from his top spot at the school. Fox was ousted after a law firm hired by the district issued a report alleging Fox carried on an improper business relationship with a district vendor, improperly submitted expenses for reimbursement related to a April 2011 trip to Arizona, and was involved in an extramarital affair on school time using school computers and email.

Read a PDF of the court filing posted below.

For more on two pending lawsuits related to the saga, pick up a copy of Monday's Register.

Comments

UgtaBkdnMe

What on earth is wrong with you, Mama ???????

wiredmama222

Huron 69....just what impact did this so called affair have on his performance at the school? I would like you to SPECIFICALLY list all the lacking of performances in his duties that you can tell me specifically he had that came from his having this affair. Tell me what the affair did to lessen his work performance at school and be very specific since you know so much about this. Thank you.

wiredmama222

To Huron 1969: There are more morals at work here than those of infidelity which seems to be the hang up on which you and others hang your hat. First of all that one is really NONE of your business any more than it is mine. It belongs to Fox and his wife and who are we to judge him for it? His morals on that one are HIS to deal with along with his wife. It certainly isn't YOUR right or mine. How dare you or the school board put it out there for anyone to judge? It isn't your business whether it was on school time or not and to have it brought to public light by your school board is just plain ignornat on their part to say nothing of bad form and purely mean.

As for your right to judge anyone else's morales? May I see your morales police badge please? Who made YOU the judge and jury of ANYONE'S morales? You have no right to tell anyone what their morales should or should not be. That is reserved for God, not you. You don't know me at all and you have no right to judge my morales in any way shape or form. I don't condone having affairs, but I also believe that Jesus said, "he who is without sin should cast the first stone". Is that you ? I didn't think so. So don't be quite so holier than thou with anyone. Do ANY of you know the 10 commandments there? Or have they been completely forgotten? How about the golden rule?

As far as being the citizens fault, it IS your fault. You all met in mass to destroy this man's life, did you not. You jumped on the band wagon to "get him' along with the board of education, when this ALL should have been done behind closed doors. This is inexcusable. How dare you all do this to someone. Shame on all of you for your mob mentality.

You all made a mob decision and are carrying it out without proof, and as the proof actually comes out it appears to be different than what was first stated. Wow, that is really sad. Yes, I feel sorry for all of you.

Had this been handled correctly you all might not look like a lynch mob ready for a hanging. But you do. I again say, I feel sorry for some of the people in Huron who were so quick to judge, quick to act like a mob and who could not wait to act like they lived in Salem on a witch hunt.

wiredmama222

you are so hung up on this affair thing? Did you ever have an affair? Is that why this bothers you so much?

UgtaBkdnMe

Nasty and uncalled for, going to have to report :(

Justme...

Wiredmamma is guilty of believing what she reads. Just because Murray and "Sold" say the Markling report was illegal doesn't make it so. Its really too bad we can't hear the sworn testimony that's going on. What if it confirms the Markling report?

Tsu Dho Nimh

Wired Mama's purpose of giving her opinion is to criticize the people of Huron. She likes to accuse us of having an elitous attitude.

Julie R.

Elite attitude? Maybe in their dreams. Forged power of attorneys, forged wills, internal criminal changes to an incompetent person's contracts, fraudulent transfer of property, Medicaid fraud, etc., etc. All from HURON with the exception of a Lorain County attorney.

wiredmama222

TDN...Anyone who sticks their noses up in the air so far they could fall over backward has an elitest attitude as far as I am concerned.

If that is you, then you fall into the category. If not, then you don't. Your call.

wiredmama222

TDN////That is such an untrue statement. You must be related to members of the school board. How sad to make such untrue statements about someone you do not know nor someone who does not feel that way at all. Are you that stuck up? Wow, that is a terrible assumption to make about someone who does not feel that way about all Huronites at all. Shame on you.

Tsu Dho Nimh

Wired...if you have read my posts, you would realize that I am not connected to anyone involved. Take your own advice and not make assumptions. Also, if you would go back and read yours, you might see why several of us commenting find your comments insulting to our community. BTW, you responded to my comment several days ago but have to come back in an ugly manner. Maybe you should relax.

wiredmama222

TDN....you have attacked, attacked, attacked with such venom with everyone that dare to comment on your Huron schools it is almost laughable. Why so wound up? You have been "on the edge" and demanding that everyone agree with your POV in this matter at every turn.

You cannot stand that others may not see things your way from the beginning. You have seen only what you want to see were this mess is concerned and are willing to ream out anyone who dare state anything to the contrary. You comments are filled with pious and nasty comments, hatefilled statements to those who dare contradict you and comments that edge around the word "liar" if we don't condecend to admit that you are right and we are wrong.

I have stated from the first that I have no ties to Huron, but am an outsider, looking in. You live in Huron and therefore have a vested interest in what goes on there. My opinions are based on what I see from the outside and therefore far more open to a less biased opinion than yours. I have no vested interest in what is going on. I see things you may not see because I am not intersted in the inevitable outcome. I don't know anyone involved but you do. It is apparent that you must know some of them, while not connected, you KNOW them.

Your board, it is evident, didn't handle this right at all. Something that goes BEYOND an observation. It is a fact. While many people over in Huron may not like Mr. Fox, it certainly itsn't everyone (despite the factless claims of the SR unless they took a poll). It "appears" that your board has a deep seeded reason for wanting to "humiliate him publically which is NEVER done by people who represent the law in an elected board. (another fact). Rules are there to follow not be broken...another fact.

So don't come on here and tell me to relax, it is YOU who needs to take a step back, a big breath and relax. You are far too close to all this and just need to get a grip. All this is getting to you. Its obvious that you are seeing things in posts that are not there (such as name calling when there isn't any, etc). Try staying off a few days and doing other things...you need a rest. But the best part would be that you might get a better prespective on things. Its obvious you need a break. No one is attacking you or anyone else. That, my dear, is all in your head. They are only stating what appears to be a board of education that did the wrong thing. And that, is fact.

UgtaBkdnMe

I think Tsu told you to relax because those are the same words you used on a post to Huron69. You are the only one doing the attacking !

wiredmama222

Just me....You don't know any more than I what that report says, now do you? So how can you say what is in it or that I believe what I read to be the truth or that YOU know the truth of the matter? I don't believe Murray and Sold just because they "say so". I did some reasearch. Did you?

If you haven't read it either, how do YOU know what it says or what it shows????? Do not criticize me for stating something or believing something when you don't know any more about it than I do. How dare you?

Ακόμη Sold σχετ...

You go, WiredMama !
This is exactly how it looks from the outside.
For those of you who don't know, WiredMama is so well thought of at the Register that she was featured in Mr. Westerhold's 'Between the Lines'.

So as fast as you can discount what she says because she 'only knows what she reads'.. What exactly do the rest of you know ? With the exception of TDN and Julie R none of you cite laws or facts ?

And then WiredMama tells you what it looks like to her, (on the outside), and the first thing you do is attack her instead of saying, 'Duh', to yourself and figuring out that WE ALL look like idiots because we elected this board. Talk about just pulling the lever instead of actually knowing something about the candidate.

Thanks for your post about perception, Mama..
Most here will not like it because it's not what they want to believe.

I guess you just decided to take that chance.. lol

wiredmama222

Sold....thank you for that. I just cannot believe some of the comments on here. Hey, every city has perception problems. We have them, too. Sandusky isn't any better than Huron. (I do NOT live in Castalia people). Perception is what it is anywhere...Huron isn't the exception..but no one wants to hear that, I guess. Let them be mad, its the truth.

But I do know these things for a FACT:

1. This board handled this matter wrong and illegally from day one by not taking this to executive session

2. They should have given Fox notice in PRIVATE of their intention in writing and given him time to secure an attorney

3. They needed to given him time to bring and attorney to a second executive session while he was on paid leave of absence for a discussion with the board. At that time, they could suspend him and send the letter to the OEB

It would have been over with in a flash. But they blew it and they created a mess because they intended to EMBARASS the man publically and they opened a can of worms. Its like trying to unring a bell....it can't be done. I don't know who their legal advisor is but I will lay even money he told them NOT to do this and they did it anyway. Now they are getting sued and before it is over he will walk away with a pile of cash.

You just cannot violate the laws like this and live to tell about it, no matter WHAT you do wrong: affair or not, this is just not how you handle it. He has a legitimate complaint and the board doesn't get it. Especially now that it is out that the unholy three were out to get him.

WOW....bad, bad, bad. They will wish they had NEVER done it this way. Seriously, you have to follow the law for executive session on all hiring and firing for this stuff or you are in huge hurt city. I don't care who your are. Frankly, I feel sorry for the board. I hope their insurance is paid up. They are going to need every dime of it.

Justme...

It is NOT a fact that is was handled illegally. It is just an opinion until the courts rule. I know I'm giving you very little to change your mind, and I don't expect you to. I'm just saying, these folks can say ANYTHING they want in terms of their version of the "story", which you may learn later is inaccurate.

wiredmama222

Justme....Look at it this way, if you were in Fox's shoes, would YOU want all this done the way this board did this? Why do you think the executive sessions for disciplinary actions apply? Because of situations just like this. This board had a choice and they didn't do the right thing. They chose to publically humiliate the man. They didn't tell him why or what they were doing. I know you don't want to believe that it is a miscarriage of justice right off the bat, but it is. The man has a legitimate case against this board, sad as it is.

When you are in a position of power such as the school board or on a government board you have a RESPONSIBILITY to do the right thing. They didn't do that.

It has nothing to do with "changing my mind", but everything to do with the law. I am sorry it doesn't change just because it's Huron. It is what it is. They don't change the rules from one place to another.

I have no special reason to defend Fox, none whatsoever any more than I have any special reason to go against your school board.

Right is right and wrong is wrong. Just that simple. I mean no offense at all. I really don't. I just don't like it when people try to get away with something because they think they can. That's all. Sooner or later it comes back to bite you.

Unfortunately, I sat on a board like this. I know the laws. It IS illegal to do it this way. You don't need a court to tell you that. I am sure their legal council tried to tell them, they just didn't listen. Now they are paying for it. Oh, he's out, but the lawsuits that will follow will be crippling. Doing the right thing would have been much simpler.

Justme...

The only thing we really know, based on what happened in public meetings, is that this board voted to report the findings in the Markling report to the OEC, thus making it a public record. Of course if I were in Fox's shoes I wouldn't want it public. But that doesn't make it illegal. What if testimony confirms the Markling report?

Ακόμη Sold σχετ...

Moderators have removed this comment because it contained Profane, obscene, sexual or derogatory language.

Justme...

Please try to listen: Just because YOU say it and WIREDMAMMA says it and MURRAY says it does not make it true. How do anyone know who met who and when? It is up to the courts to determine the facts, based on testimony that you and I don't get to hear.

wiredmama222

I guess what I am trying to tell YOU is that STANDARD LAW says that any board is REQUIRED to discipline their members by having them come in through executive session. You school board violated his rights by not doing so. They didn't do that. Way back at the start of this..it was on tape on here. They just simply didn't do it. They violated Fox's due process. The tape played was very clear about it. They refused to discuss why they were firing him and what they were doing and why no executive meetings. They weren't giving him any info or to his lawyers. It was all taped and playable on here. It was very clear. They violated his rights.

Justme...

Go back an re-read the articles. There was a 3 hour meeting at the very beginning of this, before the report was released, including Fox, his attorney and all 5 board members. You and I have no idea what was discussed there because it was in executive session.

Tsu Dho Nimh

Wired knows everything because she listens to Sold, who has a personal relationship with Fox. If she would take the time to read through board minutes and request emails through public records, she would stop her nonsense.

wiredmama222

TDN....It is hardly nonsense. I listened to the tape that the SR released when this all first started that came from YOUR board members meeting from their closed executive session with Fox, his attorney and your board members in which they refused to give him copies of what the charges where against him and what he was being charged with. (ask the SR for them). The attorney for Fox was furious. Your board had no intention of telling him what the problem was. Not until they took the reports to the State. So my so called "nonsense" is based on what was printed in the SR, not what I read or hear from Sold, who does post most interesting pieces. However, I like to keep and open mind for all sides concerned. I have read the reports on this stuff until I am blue in the face. Its ridiculous.

It is just that I don't like sneaky, nasty people who like to embarrass people and railroad them in dirty ways such as your board did to this man. That was uncalled for and really an unchristian thing to do. Why would they do that anyway? it would have been simplier to just fire him rather than do such a sneaky underhanded and nasty way to do what they did and open themselves up for lawsuits like they did. I do not understand the logic of it. It makes no sense.

By the way, insulting someone who's opinion differs from your own does not make their opinion wrong, it just makes you look more foolish than you already do. I am not trying to make you look foolish. I am simply stating facts as I know them to be true, not innuendo, lies or rumors. I am stating things that I know to be TRUE. If you repeat a rumor, you are no better than the person who made up the rumor, so I don't do that.

A fact never changes. Unfortunately for you and for others involved in this, Mr. Fox got embarassed by your board when it was unnecessary. Now it is coming back to bite many of the board members in the butt. That is a terrible thing. Had they handled this correctly from the beginning it would never have happened. But when you set out to deliberately hurt someone else, this is what you get. Whether he was right or wrong is suddenly no longer the issue. I guess people just don't see that.

So before you go on attacking ME, try and remember that I am not the bad guy here, just a person who finds it strange that people in your town are so polarized over something this silly and ignorant as an entire town out to get the Superintendant of schools. The way you are going about it is really unseemly and unattractive. What do any of you care who he has an affair with? Why does it matter to any of you when, where or with whom? To drag him publically through the mud for it is just like a "witch hunt" or like a puritan attitude and it is wrong. None of you has the right to be his judge and jury. All you have the right to do is dismiss him, not judge him.

wiredmama222

Justme....my information came from the released tape from the SR on here between YOUR BOARD of the ES meeting between Fox, the board and his attorney...it was a doozy. Everyone had the chance to hear it. This is the meeting in which Fox's attorney asked why he was being fired, what the charges were and what was being sent to the state and the board REFUSED to give the information to him. He was furious. The SR obtained that tape and placed it on here. Sorry, can can try and get it from them if you wish. That was way back in April. So many of us DO know what was being discussed at that meeting.

Justme...

Once again, wired, you have no idea what went on in executive session, except for what Fox's attorney said. So you are basing your facts on what was discussed in executive session on what Fox's attorney said. He can say anything. They may not have given him a copy of the report, but you have no idea what they discussed for 3 HOURS. Now maybe it turns out you are correct. But isn't it possible they DID discuss the charges?? Just because they wouldn't discuss it in public doesn't mean they didn't discuss it in private.

wiredmama222

Please re-read what I wrote and try to understand this. The SR produced a TAPE...that you can LISTEN TO. I didn't hear it from anyone else. I didn't read it from any printed source. I LISTENED to the tape on line. It was very clear. The session was TAPED and they argued about giving Fox a reason for his dismissal. They REFUSED to tell him the grounds and what was in the report going to the state. If you want to hear it ask the SR to put it back online and listen to it yourself. No one wrote it out, printed it or anything else. Fox's attorney asked for the paperwork and the board REFUSED to give it to him. I am not making this up, not fabricating this and not pulling it out of thin air. A LOT of people listened to it. So please be advised that I DO know what happened at that particular meeting. Sorry to be a problem to you. Many of us heard it. A refusal to give a reason for dismissal and a refusal to give just cause or notification of what was going to the State is EXACTLY what happened at that meeting.

Justme...

I have heard it - several times. Again, how do you know what was said in executive session?? Just because they refuesed to talk about the reasons in public doesn't mean they didn't talk about them in executive session. It was 3 hour meeting for goodness sakes. What do you think they talked about for 3 hours? When you show me a tape showing they didn't talk about the reasons in executive session, I'll conceed. Discussions regarding the wrong-doing of personnel are reserved for executive session. Why is that so hard for you to understand?

wiredmama222

Look, I don't know if you and I are talking about the same thing. There was a "closed door meeting" with a taped discussion...an executive session...on tape. This was given to the SR, I don't know how long the meeting was. A portion of that tape was given to the SR in which the attorney for Fox was present and requested the papers from the Markling Report. The board refused to give it to the attorney. They also refused to tell him what was IN that report. They also refused to discuss why they were firing Mr. Fox.
Did you hear that tape? Are we discussing the same closed door session? The same tape? The same day? The attorney for the board told the board to give them the paperwork and they still refused. The attorney for Mr. Fox was LIVID. He told the board they would file suit if they didn't get the papers. The man speaking on the tape said to "go ahead". There was an inaudible sentence. Another person spoke. Then the attorney for the board again said they should consider giving Mr Fox the "report" and the man from the board said they were "turning it over to the state board first". Mr. Fox's attorney said that was it, they were leaving. Someone shut off the tape.

Now, is that the tape you remember hearing? Are we talking about the same tape or not? The SR, if I remember rightly had two tapes they played at two different times. This was the second one I remember hearing. I played it three times. Please tell me if this is the one you remember hearing so I know if this is the one you are talking about. This is the one I am talking about. It was the private meeting between the board, fox and their attorneys.

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