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

wiredmama222

Given this new ruling by the Supreme Court, can you find out who billed whom now?

wiredmama222

Given the Supreme Court ruling about lawyers having to make public any record their billing statements, I wonder what will happen NOW to the public record of THIS billing statement?

This can no longer be considered a "client/lawyer" privileged billing statement as it was made to a school board. So this billing statement will now have to be made into a public record as it was made to a school board which means that this law firm will now have to show how and what they billed FOR.

That could prove embarrassing to the school board under the circumstances as the billing will have to show EXACTLY what this company did to justify their billing for the $60000.00 it billed to the Huron Board of Education.

Who authorized it, who ordered it. For what purposes? What they did exactly. What they were looking for, who they interviewed and why? How long it took? The paperwork involved? Ouch!

You can bet Murray and Murray as of Monday morning will be issuing a subpoena for this baby. A detailed billing of exactly what this company did for the Huron Board of Education. WOW.

I ask the SR to obtain and POST the entire billing statement of this Markling report to show us what this says. I would think this is now public record since it has now been ruled as such. Can this be done???

wiredmama222

I just spent the last few minutes on the sunshine law of ohio site looking up the NEW laws under the State of Ohio.

It appears that the Huron School board should have done the following during their meeting in which they put Mr. Fox on paid leave. They should have gone from their regular meeting into executive session as prescribed by law and told Mr. Fox that they intended to put him on leave and why. They should then have come out of executive session and announced that they were putting him on paid adminstative leaave for "various reason" and done so and finish up with any further buiness they had. Then adjourned.

Mr. Fox should have left the meeting knowing he was to be fired within a few days if not sooner. He had a couple of option: get a lawyer, pack up his desk, look for another job, or send them his resignation. Either way he knew he was out.

The next meeting they would be announcing he was done. At the next meeting they should have announced they hired their new guy, Mr. Fox was terminted and that should have been it. Instead, they chose to create a monster of a mess. They announced the reasons he was being let go. They announced every little thing he had done wrong, why he was being dismissed and what they were doing.

That is the FASTED WAY to get sued and also, according to the sunshine law, not something you do. It is no wonder that he sued and no wonder he got Murray to defend him.

It isn't likely the school board will win this one. He has too many things on his side. It is no wonder that two of the people on this board are siding with him.

According to what I have read, under the sunshine law, you, if a member of the board, violate the sunshine law, can be REMOVED from office if you are found to have violated these laws. If he prevails in court, the board memembers can be removed from office, they will pay the court costs, attorney fees and penalties for the suits.

The school will have to foot the bill for all of this AND it is going to cost the school a great deal of money.

I am NOT trying to defend Mr. Fox. I don't even know this man. I just am not in favor of what is going on here. It appears to be a very back handed way of doing business and what happened here was something that just isn't done. Why it WAS done is really beyond my comprehension. Civilized people do not act like this.

You do not embarrass someone like this. You don't air the dirtiest of laundary in public, nor tear their lives apart just to get rid of them. You already have all the power. Just simply fire the dude and be done with it. What is the point of ruining them in the process unless you are doing so because you have an axe to grind?

That is the only thing left that makes sense. You are doing it to make them look really, really bad for some reason. Just getting rid of them isn't enough, you have to punish them for some reason as well. And that is exactly what this looks like. It isn't just a firing, its a reckoning.

The problem with vengence is, that there is usually collateral damage and that is what Mr. Fox's family is suffering and so are others in this school system. The kids.....some of YOUR kids are suffering it too. And that is unfair and unjust. They didn't ask for this, and they don't deserve to get it.

To fire him should have been sufficient enough for all concerned. It really should have been enough. Even the hounds on a fox hunt know when to stop. Apparently those on your school board didn't. That really is a shame. The blood was spilled. They should have left well enough alone.

When you wound an animal, you might just as well kill it, because they are most dangerous when wounded. If not, you have an angry and dangerous creature running loose. That's what you have now. A dangerouse animal.

His name is Fred Fox. Given that Supreme Court ruling, he could very well end up owning a great deal of the school board's money and more. What were they thinking when they started this apparent vendetta? Firing really should have been good enough.

Tsu Dho Nimh

Firing should have been the route but TWO of the current members would not support it back in Feb/March. A majority vote is not enough, a 4-1 vote was needed. I ask you again, do you think the remaining board members were suppose to ignore Fred Fox's behaviors? He "stole" $1000 from the district on the AZ trip (I agree with Sold that the treasurer was wrong but Fred knew it was wrong, too), he left his office numerous times under the pretense of business to carry on an affair, he used school email to conduct the affair, and the iffy question of the WI trip. If the students sign a computer use agreement regarding appropriate use, then the superintendent has rules. Besides, ODE has guidelines about computer use in regards to employees and if Fred is such an effective superintendent, he certainly would have been aware. Take the time to request public records and search ODE before you try to correct me. Donutshop is right, prior to 2012 Fred had a majority that gave him free reign and looked the other way.

Tsu Dho Nimh

P.S. All of the board members are civilized people and so are the citizens. I ask you, again, to stop the ugly names and inuendos.

wiredmama222

what ugly names? Not one "ugly name" was stated. The innuendo are the boards makings. You cannot change perceptions simply by demanding it. It is what it is.

If the board didn't want the perception it gave, it should not have done what it did You cannot change it now. Its a little late for that, don't you think so? People derive their opinions by what they see people do. What the outsiders see is a group of people (your board), drag your superintendent in front of the town and humilitate him by showing the entire town what he did. I don't call that civilized. What would have been civilized would have been saying you are dismissed and listing he reason in executive session as prescribed by law.

So if you didn't want others to judge what they are seeing any other way, it should have been handled another way, instead of listing the faults of Mr. Fox in public and in the paper.

You can't change things after they are out in the open. Especially since your board has made a big deal out of it like they have. Blame them, not those who are watching.

wiredmama222

I see that after the SR interjected their statements into the last posts on the other site, they closed the comments.

The board no matter whether the best of friends with Mr Fox were obligated to do their jobs and evaluate him in his job. I don't care if they played golf and went for drinks three nights a week, that was their jobs.

So if they didn't do what they were supposed to do, the problem is theirs. As for Ms Greene, if she didn't have the strenght of her convictions to vote no on the AZ trip, that again, is her fault. She didn't do the right thing. She is an elected official and has no business voting just to satisfy someone else. That isn't her job.

When the discreptancy in the cost of the AZ trip came back, they should have told Fox and he should have paid it within 30 days. If they didn't tell him right away, that is the fault of the treasurer.

as for these emails, you do not tell the entire town, you tell the board. You don't run them for all to see. That is discipinary action by the board in EXECUTIVE SESSION ONLY. This board made HUGE mistakes. They will pay for them somewhere down the line: whether at the State level or in a court somewhere. I can't see them walking away scott free from it. It just won't happen.

Is Fox going to walk away scott free? Probably not if he violated any of the board rules or laws. He will not walk away without some damage either. But what this board did and the damage they did to his reputation will be actionable in a court of law because of how they handled it.

Had they not made this all public news, and just done it the right way, it would have been over by now and no foul.

You cannot do what this board did. And the good people of Huron need to realize that.

Public deamonization of ANY person, no matter what they do, went out in the 17th or 18th Century. This is the 21st Century. You guys need to catch up. It might be fun for you guys to make him squirm and feel like you "got him", but in the end you guys lost. I hope it was worth it.

wiredmama222

This will be my last post until the court findings or the state comes back with their rulings and the SR puts it in the paper.

I detest sneaky people or people who don't follow the rule set forth to protect the people. They are there for a reason...to prevent chaos. That isnt' a joke. The rules prevent us from becoming a mass...a mob.

When the rules are not followed we become just exactly what has happened in the good city of Huron: a throng of unruliness, divided into groups. Had the board followed the rules that each board MUST follow, none of this would have happened and Mr. Fox would have been sent quietly on his way with no one knowing anything about it. That wasn't good enough. Everyone had to know...everyone had to be privy to the disgrace. And why..because the some one that board wanted it that way. They through out the book and they just didn't follow the rules.

When the State of Ohio comes screaming down on their heads for it...who will be the wiser? I don't know. I dont care. I do not live there. But I do know that the law has a way of making people pay for not minding the law. Whether with a fine, removal from office or making an example of what NOT to do, they will. That is what the law is for. When you make a mockery of the law, it makes you pay. That is what the law is for. You cannot laugh at it, snub it, or by pass it. Not in the civilized world in which we live.

So I wish those in Huron well. I hope only the best for you and for Mr. Fox. You too, thumbed your nose at the law, expecting to bend it. Whatever happens to you, it will get you as well. You cannot expect anything less. You are not above it either.

Good luck Huron. You deserve the best, right now, you don't have it. I hope you find it. You have some more than decent people who have posted on here. Find them and put them on your board. They know what they are doing and I suspect they won't thumb their noses at the law. And find someone who will lead your school without thumbing his or her nose at the law either. You need a fresh start all the way around.

Good luck Huron. Don't wish me bad luck. I post my convictions.

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