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

Justme...

OK, now I understand your confusion. That tape was NOT of the executive session. Executive sessions are behind closed doors, with no recordings. That tape was outside of executive session, after the 3 hour meeting. No one, except those in the executive session, knows what went on in that 3 hour meeting. It is not recorded, and there are no minutes taken.

Tsu Dho Nimh

She does not want to hear the truth and I do not understand why. In my opinion, she is just looking for opportunities to insult the "mentality" of the Huron citizens.

wiredmama222

JustME.....Thank you for clearing that up for me. I was thinking that tape was part of their closed meeting. My mistake and I appreciate you corrrecting that for me.

No wonder we weren't communicating on the same page at the same time. I was laboring under the wrong impression here and I apologize for that one.

Still, I feel that your board was terribly wrong in its handling of its methods. I would like to ask a couple of questions at this point. Perhaps you can answer them, perhaps not. You may not know the answer since you are not on the board.

1. What prevented them from going to ES for the handling of their putting Fox on administrative leave knowing it is prescribed by law?

2. Why did they do all of this so publically knowing he could sue them for it for violating his rights?

3. Why wouldn't they tell him what information they had on him since they did this so publically and why not tell him what was in the Markling report before they delivered it to the State if they had the info and it was true?

4. Why did they want to deliver it in person knowing that would make it public record instead of making it private record, knowing it would almost invalidate it with the state?

If you could answer those questions for me I would appreciate it? This just seems to backward.

I don't get why they made these mistakes KNOWING they were wrong? I would think their legal council would have told them they were opening themselves up to a suit, wouldn't they?

Knowing how this works, I don't understand how this could have NOT been handled the right way. Contract law was something I took and I know how it works. I just don't get this. ES is vital to making sure, when you have a contract with a board, that you do this the proper way. When I was sitting on a council, we HAD to do an exective session even to DISCUSS a possible infraction of a rule. You just can't do anything like without moving to exective session. So I don't understand why they would do this?

By the way...almost all Executive sessions are taped but do NOT have to be released. They are kept secret as the sessions are. There are also mintues kept, but not logged in. (at least we did...in separate files).

And for what it's worth, I don't think badly of all your Huronites. There are some over there that think they are better than others but not all. Just like here in Sandusky and other places. Same all over...lol

wiredmama222

AHD....You know, that is just YOUR opinion and you are stuck with it. It is the farthest thing from the truth there is. People with such closed minds as yours seldom learn much, let alone absorb anything but what they consider to be right. What a shame, because you will miss much in this world, such as learning what people REALLY THINK about the world around you and other valuable lesson in life. From your limited point of view, you learn little. Writing to you is pretty much pointless as you fail to comprehend what others say to you, because your mind is already made up. How sad.

You are only happy when you are criticizing and humiliting others with what YOU BELIEVE to be the truth when it is the farthest thing from it.

So let me know when you stop being such a child and grow up. Then I will try and communicate with you again. Until then it is rather pointless to try.

wiredmama222

Any time a school board or any entity that deals with contracts and employee of any type they MUST deal with that employee and discipline in an executive session only that is held during the course of a public meeting. The es must be held somewhere within that meeting, which means that it comes somewhere during the meeting. That is what the law says. If not, then that board has violated the law. That isn't a made up rule, it is the law of ohio. You don't need a judge to come along later and tell you that. If someone has to tell you that later, you failed. It means you got sued and then its too late. Every board and council that sits in this state is trained in the rules of this state.

Tsu Dho Nimh

"this entire town seems to be involved in this mess in some form one way or another. They are either part of the problem or part of the past problems." That is an unfair statement. Most people are not involved. Like any town, there are some "good ole boys" that get their names involved in everything and the vast majority of the citizens are not known outside of their circle of friends.

"The preception is one of "railroading' , corruption, jealousy and down right nasty behavior that isn't expected from so called civilized people. I would have expected better from the like of Huronites." I think I speak for most of the posters that we do not appreciate being referred to as "so called civilized people." Perception does become the truth in society but I do not believe that the average person outside of Huron even pays attention to what is going on. I work with a lot of people from a variety of communities and they could care less about what is going on in Huron. What you are sharing, in my opinion, is just your perception. If you want to question or criticize the actions of our school board, please feel free to do so. Having said that, be prepared that your opinion will be disputed. However, the comments that describe the citizens of Huron are out of line and very unbecoming. I know I have struck a nerve with you because you have been making snippy and cutting remarks towards me. As long as you continue to make remarks towards our citizens, I will continue to call you out on them.

wiredmama222

Oh, please, poor you. As if you haven't done your share of being the snip. You have been on my case since the minute I started posting. I think it best you stop posting to my comments. You have NO idea. You don't speak for Huron, at all.

I posted about perception and you were off and running. I posted that about your BOE, and you know it. From that point on YOU assumed it was about ALL Huronites and that is where YOU made it personal. You can't leave well enough alone.

Listen lady, I have been taken on by far worse than you. But I will tell you this, you want to take me on, roll the dice. I never said ALL Huronites were that way, only the ones whose noses were up so far they flop over backward, remember? Does that include you? The ones who think they are better than everyone else? The ones who migrated from Sandusky to get away from "real people"? They know who they are and I doubt that is the entire city of Huron. You want to make it about the WHOLE town then do so! Because that comes from YOUR mouth, not mine.

You sound like those who sit on that board, the judgemental bureaucrats who have an axe to grind. The ones who don't know what else to do with their days. The jealous ones who cant' decide what comes next. they see their school doing well but way back when, one of their own got into trouble and got outsted and well, now is as good as time as any. Let's get him. We have the power. Lets go get him. Lets publically humiliate him. You said you aren't involved with anyone . Then HOW did you see bills of any importance that bought three sets of anything for a school board? How would YOU see those?

Can you answer that one? If you aren't involved in this, how could that be? You shouldn't be able to see any of that. Those are not public record they belong to the board. Nosing around are we? On the board or married to it? Friend of the board?

You didn't strike any nerve, you ARE a nerve....youre one of those nerves that lives in Huron spreading those poison messages that beats up and down those tree lined streets. You say things on the phone about "Did you hear this or that" about your neighbors, don't you? Or do you do that at work?

Apparently you did it about me? You said so. So you are one of those people who can't shut your mouth. You have to have a legion behind you. People to support your "cause' because you can't stand alone. You are afraid that if your support system lags for even a minute you might have to go out on that limb and be a person who takes a stand.

Well I am a person who takes a stand....alone. I don't need a legion to stand behind me. I have strenght of my convictions. I don't like seeing groups who gang up on people, who bend and twist laws to suit their own puropse and who do so for their OWN purososes. That makes me sick to my stomach.

Because one day it may happen to a huge group. And then people like you are going to wish that people like me are on YOUR side. But don't hold your breath. I only stand up for those in the right. Those who deserve my strength of convictions.

So don't be too sure that my good graces will stretch that far. I don't like being hoodwinked and preyed upon by people who lie and cheat like your BOE.

When this is all said and done, I will be standing there looking at them going WHY DID YOU DO THIS? WHY DIDN"T YOU FOLLOW THE LAWS OF OHIO?

They won't have an answer. They never do. Not the benders and twisters of the laws. They were too busy. Too busy just like you are defending their wrong ways. And too busy attacking me for not defending them. Too busy trying to say how wrong I am to your legions of supporting and lying to them that I am trying to defile the entire Huron population when that is not true either. How dare you pass that one off.

You just can't wait to start more lies. You should be ashamed of yourself. You really should. You accuse people of calling names where none are called, of nasty comments where none are made and of saying things that are not said. I wonder if you are not a BOE member or a person who isn't related in some way to one of them. Either way, I dont care. As long as I know you are not related to me in anyway. That I am thoroughly releaved to know is true.

I would shot myself tomorrow.

UgtaBkdnMe

Mama, you are being very mean and ugly. Going to report this. Sorry :(

Retiree

There have been numerous untrue statements made on this blog. Believe me or not, but Huron citizens were kept in the dark for years as to where their tax dollars were going. It really is a shame because it seems that anyone that controls a lot of money has problems. Do these people think they will never get caught? Just look back at all the people that were caught embezzling money in Erie County.

Sure the Huron taxpayer will pay for this litigation but I do not understand why Fox's, so called friends, did not inform him "it would be in your best interest to resign". Fox, along with his friends, brought this corruption on themselves. Two years ago, an anonymous letter was published by The Lorain Journal informing Huron taxpayers of corruption within the system. Nothing was done until employees started venting to the school board. The problems have got so far out of hand, and the perpetrators, just don't have enough common sense to say,enough is enough.

Good luck Huron, you did not deserve all this mud being thrown against the wall. Time does heal all wounds. You learn by your mistakes.

wiredmama222

Listen, don't feel badly. You don't have it any worse than we do over here in Sandusky. We have an entire COMMISSION falling apart and a newspaper crucifying them daily. Two commissioners yelling, a committee trying their best and its a mess.

So Huron isn't alone by a long shot. There must be something in the water.

Ακόμη Sold σχετ...

Where to start.. Where to start..

Retiree-
Thank you for your civility and attempting to look out for Huron. There is, however, a problem with your version of the 'Toolgate' story. My sources at the Erie County Sherrif's office tell me you need to get a copy of the report, (If you are that interested). Make a Public Records request. The entire detail of their 'investigation' was handed over to the Auditor's, (State of Ohio), Office and all were cleared. The Auditor made a few comments and suggestions for ID'ing tools and doing a better job of controlling them. The Huron School District made those changes. That was it. I am in no way trying to make your info look suspect, Retiree, except I went right to the source.

Now.. Hot off of the presses: The $1 Bus
Fact #1) Christy Moore was the Treasurer at the time. I don't know how many of you had the pleasure of knowing Mrs. Moore, but she was about as straight and as righteous of a person as you will ever find. She lived by the Bible and didn't care if you cared.

Fact #2) The bus was definately the old band equipment bus that was always driven by one person who was a band supporter and had his commercial driver's license. The bus was stripped of all seats except for driver seat. (I remembered the bus and posted about it before. My only gray area about the bus was who actually owned it because I remember the school selling the bus to the Huron Tiger Marching Band Parents for $1 about 10 years ago. It was in bad shape then, but with a paint job and some mechanical work it did the job of hauling band equipment to away games and festivals. It may have been sold back to the school for insurance reasons, but I guess that's neither here or there. It was definately THE $1 BUS).

Fact #3) The bus was definately sitting outside the Huron bus garage rusting for a while.

Fact #4) The school wanted to get rid of it the aging bus.

Fact #5) The school board ended up selling the 'worthless' bus for $1 to one of the Majoys.

Fact #6) As far as anyone knows, it was initially moved to somewhere in southern Ohio and used for a hunting cabin.

Fact #7) I have no idea what the status of the $1 bus is today.

Those, as they say, are the facts.

Tsu Dho Nimh

Sold... small problem, the bus was not listed for sale and was not up for bid, the board did not approve the sale or disposal of the bus, and the transaction was not properly documented. These steps are required. Also, the scrap value of the bus was worth a whole lot more than that. There is a conflict of interest when a family member of the bus garage supervisor gets a sweet deal like this.

Ακόμη Sold σχετ...

Ok..
'Toolgate' check.
'$1 Bus' check.

TDN-
Twice now you have attempted to make some issue out of me talking about Drew Legando and then calling Donna 'Hastings' Green by her proper name.

Something tells me that you are intimate with these details ?

Like I said before, TDN, I had hoped your legal training would add to these posts. Now I just think you are attempting to steer the conversation in a direction away from where it's going.

Your heroes are all criminals and in time.. Karma will 'rear' it's ugly head.

Tsu Dho Nimh

Sorry to have offended you, Mrs. C!

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And TDN-
I'm in agreement that the scrap value of the bus would be more than a dollar. Obviously.

I do not pretend to know the complete details of how this bus was sold/scrapped, but I do know that when old equipment such as desks, etc are deemed no longer useful at the school they just remove them from the inventory and toss them in the trash. To me, this is criminal because a lot of things could be sold, but this is the way it's done. Don't shoot the messenger.

I advised anyone interested to do a Public Record search. Is this one of the many reasons the Huron BOE wants to terminate Fred Fox ? Is it in the complaint ? If not I assume we probably won't be discussing it again ?

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The only time you have ever offended me is when you have nothing to say and get upset and then one line me, TDN.

Your guesses are way off, but my info is pretty good.

(You're up awful late, don't you work in the morning ?)

Tsu Dho Nimh

School boards typically are given a list of items, tag/id numbers, description of text books or the VIN of vehicles and approve the disposal. I agree that there is a lot of waste but there is a procedure for disposal. I think we can all agree that the board office should have documentation of the disposal of the bus in question but interestingly enough, they don't.

Tsu Dho Nimh

Don't worry about me getting enough rest...I make my own hours.

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While we are on the subject of investigation:

When Tim SOWecke ran for the board of education he sold himself as being a good small business man, (anyone besides me remember that ?)

His son, in a letter to the editor in the Huron Hometown News, admits that he, (his father, Tim SOWecke), is a bad businessman.

At least the son got something from his mother, apparently, (as in the ability to tell the truth).

Not much has been said about Tim SOWecke starting the Hometown news, bilking many investors out of approximately $52,000 and then shutting it down after 2 weeks.

In the words of Connie Roberts, (current Editor of the Hometown News), Tim SOWecke said, "This is too hard, way too much work". SOWecke then quit, but never refunded any of the investment funds. Wonder if their is another fraud charge in your heroe's future ?

Tsu Dho Nimh

I do not recall calling Mr. Sowecke or any of the three my hero. I have questioned time and time again why two board members would not properly investigate and turn over information to the proper agencies for investigation. BTW, ask your husband if he knows.

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TDN-
Great post ! And I don't just say that because we have agreed to agree.

I totally believe that the $1 Bus was owned by the Huron Band Parents allowing them to get rid of the bus at will. This has to make sense even though you don't want it to.

And.. In answer to your previous post: I know you make your own hours. You were always one of the hardest working most organized people I've ever seen. And I am positive you will be going far in your chosen career. Just sayen.

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TDN-
You know the two board members wanted to do it correctly. I am not a huge John Caporini fan, but my thoughts about Kevin Asher have recently changed. Kevin Asher had nothing to personally gain from filing the injunction, but he did it anyway. He is attempting to stop the payment for an illegally ordered report.

You of all people should respect his motivation although I fear you have totally fallen to the dark side, TDN.

I still respect the person YOU are, because I can't discount nature vs nurture.

Tsu Dho Nimh

Thank you for the compliment and encouraging words. I did not realize you knew me that well.

Ακόμη Sold σχετ...

Almost everyone in Huron knows you, kid.

Let's see how this all goes.
I believe the next hearing date is the 29th.
Sorry you can't be there.

I can only hope anyone reading this is going to spend the upcoming holidays with their family and friends and this whole story is not the main topic of conversation.

I also know that if Tim SOWecke had not made all of this public that a lot of families would have had a better holiday season. And I'm not just talking about the Fred Fox family. His family still would have found out, but the rest of the population of Huron would have only known there was a problem between the Huron BOE and Fred Fox. Now, not only is the Fox family a topic of conversation, but so are many other Huron families because of the fallout.

If only Tim SOWecke had listened to the board attorney and done this all in a proper/legal fashion. It would have all been so different for so many people.

wiredmama222

Sold, good luck with all this. I have to go fry my own fish....in Sandtown. What a mess we have on our own. Good luck with all this. I do wish you luck, as I do Mr. Fox. It is shameful that some people need to air dirty laundry in public and cannot afford some good grace to people in private, rather than embarrass them and their entire family in the eyes of the public only. It is truly disgusting. I do feel sorry for he and his family. His rights have been violated. I wish him well.

You have been a good friend to him, standing up when needed and defending him when and where you could. Right is right, wrong is wrong. You stay on the right side. Good luck to you. I will check back when I can.

I don't mean to come across as some type of morale soldier, but I never could stand those who think they have the right to ruin another person just for the sake of doing so. In the end, they usually end up ruining themselves. I hope that is the way it works here.

Good luck. Kate

Huron_1969

Wiredmama and Company
To answer your questions about my previous posts....
If Fox conducted the affair on his own personal time, then it would be his personal business. But he did not. He used core schools hours and resources to maintain the relationship and leveraged his authority to get away from the office for his personal needs. He frequently said he was meeting with the elementary school principal when in actuality he was not. Many people (parents and school staff) knew this was happening long before this years events and all the public news

You ask how this affected his performance ?
1) He was not earning his paycheck during core hours which is funded by our tax dollars
2) His position requires being a good leader. Having strong ethics and morals is essential to being a good leader and even more important when your serving a school system. Instead, he brought disgrace to the school system he is responsible for serving
4) He demonstrated himself to be untrustworthy by lying and cheating on a multitude of levels

As for Toolgate, it doesn't take a rocket scientist to understand this was a successful cover up that Fox is party to. Just because they made the surveillance tapes disappear doesn't make them innocent

Even if this had been kept out of the news this year, he still lost a significant amount of respect from the school staff and parents. The impression on the high school student body is even worse.

I have lived in Huron for over 40 years and graduated with Fred. Being a fellow classmate and casual friend, I was delighted when he became superintendent with thoughts of local boy makes good and the like. His actions changed all that and I have no personal agenda other than expecting a quality school system. This whole mess has generated a lot of soul searching and reflection. I have really screwed up in my life, but have the ability to say I messed up and be accountable. I really thought Fred had this quality too. I am not standing on some high moral ground or a gossip monger. I simply believe what is right is right, and what is wrong is wrong.

As for the school board, I believe they are not doing their job either and have dropped the ball in a variety of ways. Even things like not doing an annual job performance evaluation on the highest paid employee is in-excusable. The Arizona trip was handled incorrectly and they put the treasurer in a bad position. Add in how they have handled the Fox suspension/termination and it reflects very poorly on their ability to carry out their duties.

It's a shame Kalahari is being dragged into all of this. Somewhere in our convoluted legal system someone may find some minor infraction but I do not believe there was any intentional wrongdoing

Wiremama, Sold, Julie - it's clear you do not agree with my position and I am fine with that. You are entitled to your own standards and values, as am I

wiredmama222

Huron 1969..I understand what you are saying to a point. I do not now, nor will I EVER condone those who cheat on their spouses. But I also know that it is not MY job to expose their infidelity in public, no matter whether they work for the city, school board or the church of God. It is their cross to bear, not mine. It is their matter in which to deal, not mine. I am not their judge and jury before God and their spouse, nor is it MY matter to expose to the public. That is their person business.

Something as petty as using the school computer to carry on an affair and then blow it all out of proportion as you in Huron have is just as silly as saying he used a pen and paper that belonged to the school. So what if he did so on "school time". How much did that cost the school? How much time did he get paid for while he would be out "sharing stolen moments" with his "lady friend"? So what? He made a huge mistake. You admit you made them. He is a human being. We all are. No one in infallible. Does that make it right for the school board to punish him in PUBLIC?? NO, it doesn't. Sorry. That is a PRIVATE matter.

Who are all of YOU to judge the amount paid to him or even to CONSIDER the amount of time he lost or say that it is morally bankrupting the school system, or that he "sold" from the school? My goodness that is stretching the truth a bit, isn't it? That is just an excuse if you step back and look at it logically. You have been hearing it from the school board so loudly you believe it. (Read the Scarlet Letter and you will see what I mean.) You are brain washed into believing a CRIME was committed over nonsense. They need you to believe that.

Had they done the RIGHT thing and not PUBLICALLY accused him of things,but done so in private, they wouldn't need all this publicity to crucify him in public. What other excuses do they have?

Non performance of his job??? Not really. Oh, toolgate? Why was the tape turned off? Who is he PROTECTING????? Has anyone answered that question yet? Not that I am aware. Perhaps if that was anwered some of this would stop.

That darn bus mess...Someone should also answer that one. Who sold the bus?

Their Markling report? It all seems a little too pat. Someone isn't telling the whole truth here. Its too rushed and too fast to get it to the State Board without allowing the apposing attorney time to read it. Why is that?

I don't know ANY of these people: not your board or Fox. Just an interested bystander keeping up with your mess. It hurts your kids.

That's my interest. I hate seeing any kids hurt. That's my big worry. The example being set isn't a good one at all. Really look and learn at what they are being shown. Greed, envy, lies, shame, none of it good. What a shame. You are right..your beliefs are you own. No matter what.

These seem terribly petty to many of us out here watching. To many of you, they seem like a big deal. Why is that? What have they to do with the educational job this man has done for your kids? Have they been failing the standards tests? Have they not made better grades? Have your schools fallen apart? Do your teachers not do better jobs? Did you not get a new football field?
'
You see, we all see that part, not these petty little complaints. We see the BIG results that this man has given you.

For the life of me, I don't get it. I don't see why these petty little complaints are called CRIMES.

Why anyone would want to call him out in public for his affair and why they would want to deny him his due process of his rights under executive session as prescribed by law.....unless it is jealousy, a deliberate act or another more deep seeded reason.

From an outsider looking in, that it was it appears to be. And it sure is an ugly picture.

Frankly, from Huron, you would have expected better.

wiredmama222

And my values are probably better than yours any day of the week and twice on Sunday. I just don't need to keep telling everyone how good they really are to make myself believe it, nor I suspect does Julie. Only a person who isn't really sure would need to repeat it this often.

Julie R.

Neither did it take a rocket scientist to see all the criminal acts pulled off on my elderly, incompetent mother at the end of her life --- all done by your so-called elite HURONITES with the exception of a snake Lorain County attorney. Neither did it take a rocket scientist to see all the illegal scams your joke courts of law pulled off to cover it up --- even forcing property with serious defects in the title to be sold at a scam sheriff sale through a scam partition action and a fraud preliminary judicial report.

So you Huronites can talk all you want about Fred Fox and I'll continue to talk about all the dirt-bag Huronites that criminally defrauded my mother and all the scams your corrupt Eeerie County courts pulled off to cover it up.

wiredmama222

Julie, years ago, a similar thing happened to my grandmother and aunt when they lived in California. My aunt had property their and my grandmother was living with her (they were sisters). They had combined their finances. My aunt had property, my grandmother had money. When my aunt died, she had left some property to her minister and she had also willed some money to him. When the will was probated....he took ALL the money, including my grandmother's money, which was a pretty good amount. My father flew to California to try and straighten it out for her. Through a bunch of phoney quit claim deeds, phoney wills etc, they mananged to get all the money from the bank. My grandmother ended up losing everything. I know how you feel. It took 7 months and several thousand dollars to get nothing back. She was penniless. She ended up coming to live with us where she eventually died from a stroke because of the pressure and tension.

She was never right after all of that. I know EXACTLY how you feel about the corruption, the stress and the awful feeling of loss it creates and the helplessness you feel afterward. There is nothing you can do. It is terrible. I wish there was some way you could prove it and get them. We never could either. My dad tried for 10 years. Eventually every died out there that was involved. They did this to 15 parishoners. There has to be a special place in Hell for people like that....Kate

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