Huron board fires back at Fox conspiracy claim

A faction of Huron school board members are firing back at fellow board member Kevin Asher's claim about a grand conspiracy against embattled superintendent Fred Fox.
Jessica Cuffman
Nov 20, 2012

Board member Kevin Asher and attorney Patrick Murray, who represents Fox, have previously filed court documents accusing the majority of the board members of holding a personal vendetta against Fox.

In court documents filed this past week, however, Fox's opponents said any notion of a conspiracy theory is not only false, but also irrelevant.  

"Asher's brief includes more than a dozen pages of irrelevant, speculative, false and defamatory conspiracy theories masquerading as 'facts,'" stated documents filed by Drew Legando, attorney for board members Tim Sowecke and Donna Green. "Its outlandish claims have nothing to do with the issues presented by the motions pending before the court."

Read the court filings. Click HERE to see the originial conspiracy claims.

For more on the ongoing legal battles, pick up a copy of Thursday's Register.

 

Comments

wiredmama222

When was it reported to him that he owed the money? Was it around the time he wrote this check, wasn't it? I believe that is when this investigation began and he was made aware of that fact. The check was made out at that time, was it not?

Just about the same time that he got wind of all these investigation being made around the school systems about him from one thing and another. Kalarhari being asked questions, the hotel in the Dells being called, etc. I believe that is when Marklings group began to "nose around" during February, March,and April. So why is when he paid this back such a problem now? If he didn't realize it was such a problem until then, why is the date such a problem now? thanks? And could you please answer my questions about those darn emails since you read them and know what they say please. thanks so much.

wiredmama222

Did or did the BOE not terminate Mr Fox? It is my understanding that he has been TERMINATED? If that is the case, what the ethics board has to say to the Huron Board of Education is moot. Why they even asked for anything from them is beyond comprehension? Ethics boards don't discipline or investigate employees for boards once the emmployee is terminated unless they are asking that the board terminate credentials? Is that what they asked for?

1.So did the BOE in Huron terminate him or not?
2.Does the school system have a principles and practices book for employees which describes what you can and cannot do with the internet, etc like use it for personal use?
3.Does it explain how often you MUST have reviews of your performance?

I would really like to have someone who knows for sure answers to these please? Thanks so much.

betweenlines

The Board of Education has suspended Mr. Fox without pay and started termination proceedings against him. I don't believe he has been officially terminated. It's not as simple as taking him into a private room, telling him "you're fired", and moving on, as you have suggested the board should have done. He didn't go for that option.

wiredmama222

BTL...the BOE is required to follow the rules which they did not do. They are required to start a meeting, go to executive session were they discuss why they plan to terminate him in depth, which they did not do, come out of the meeting and announce their plans to dismiss Mr. Fox for "cause", finish their meeting and adjuourn. Mr. Fox can then engage council if he so wishes. He is a contracted employee. They have to fire him within the contact constraints. Instead, they desided to forgo the sunshine law rules and air the dirty laundry in front of the town and go bizurk. Which is unlawful under Ohio State Sunshine Law and punishable by fines and removal from office.

He may not go for certain options but that is because they violated his contact and his rights. Who can blame the man.

You can't do this in one meeting or even two like this group tried to do. Apparently they don't know the laws of Ohio or much of how to follow the rules.

betweenlines

The Board of Education has suspended Mr. Fox without pay and started termination proceedings against him. I don't believe he has been officially terminated. It's not as simple as taking him into a private room, telling him "you're fired", and moving on, as you have suggested the board should have done. He didn't go for that option.

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Not terminated and yes it was as simple as taking him into executive session and laying out the 'problems' followed by giving Fred Fox a chance to answer the problems followed by the board going back into regular board meeting where they could vote on any decision.

Julie R.

Geez, get this over already. (course knowing how the Erie County courts work, it will still be going on 10 years from now) So who's the judge that's handling this? Roger Binette? I know a lot of Huronites that loooooove him. (I know one that doesn't, too)

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Binette's a great guy. (See Julie R.. You're right !)

Julie R.

I know a lot of Huronites that loooooove Beverly McGookey, too. So all that's left without a conflict of interest when it comes to Huronites is Tone. Oh wait, I think Tone lives in Huron.

wiredmama222

I know Bev, I know Tyge, but never met Binette. What is HE like?

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Wiredmama-
Binette's a very straight shooter. Good guy with good decision making skills.

wiredmama222

Well, I believe it was one of his good decision making skills just got overturned by the Ohio Supreme Court so he cannot be a happy man at the moment. He has had some problem of late in the EC courts with several of his "decisions.

I do not know the man, just his decisions in court of late.

Julie R.

Wasn't it Binette that dismissed the former Vermilion mayor's lawsuit pertaining to the Lorain County law firm of Stumphauzer & O'Toole concealing itemized billings from the Vermilion taxpayers? Didn't the Ohio Supreme Court just rule they could not?

Julie R.

Here's a real good decision made by the Erie County courts:

Duh...we got ourselves in a little bind now. All the scams we have pulled off thus far to cover up the crimes committed by those Huronites with the assistance of a Lorain County attorney against an elderly, incompetent person prior to her death --- forged power of attorneys, forged Wills, internal criminal changes to all of her contracts, fraudulent transfer of her property --- now that the 2nd owner has passed away, the property (that was not owned jointly) will have to be sold. But how can we sell it through normal channels meaning the buyer goes through a bank who will require a title search and the title search is going to find the fraudulent transfer of the 1st owner's half and the defrauding of her 4th beneficiary? Oh gee, does that mean we actually have to follow the LAW?

"Before property that's part of an estate can be sold, if the administrator of the estate is aware of any fraud that was committed on the property, then the administrator and/or his or her attorneys are to commence an action in the common pleas of the county in which the property is situated to have the fraud acknowleged."

The decision? Let's file a scam partition action in the common pleas instead to have the property sold at a scam sheriff sale under a fraud preliminary judicial report that falsely states there's no defects in the title. We'll sell the property --- owned for almost 40 years scot-free and clear of a mortgage --- at a substantial discount to a realtor to use as rental property --- so the realtor and his Sandusky attorneys can whine nine months later that he was denied title insurance.

Retiree

If you own a company, would you condone the use of your computer for personal use on company time? If you are paid an honest wage for your work, you should give an honest day work. If not, is that called stealing? Got to go to work. Don't want to be late, I am getting paid to work.

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Retiree-
Agreed. You are at work to work. Now.. If you find someone abusing email you would reprimand on the first offense and terminate if it continued. My opinion !

wiredmama222

If I owned a company I would make sure everyone knew the rules in writing. That way there is no question. I was raised to believe an honest days work for an honest dollar and expect the same from any employee...NO CELL PHONES at work. If we had computers, no emails to friends or buddies...but they would know that because they read it in the P&P manual they signed and got a copy of.

First time warning, second time- fired. Even if it is Christmastime.

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WiredMama, (and the rest):
Fred Fox is suspended without pay pending decisions by the ODE and the OEC. The Huron Board of Education will receive notice of the ODE's recommendation followed by the OEC's recommendation and can accept or reject either or both.

As TDN has stated if the ODE decides to pull Fred Fox's license then he is unemployable and will be immediately terminated, (I believe.. which will be followed by appeals).

In a nutshell: The Huron Board of Education will either vote 3-2 to accept, or 3-2 not to accept any decisions and will still attempt to terminate Fred Fox which will result in a 3-2 vote which will turn this entire mess into a marathon fillabuster that will go on for years until the makeup of the Huron Board of Education changes one way or the other.

Either way Fred Fox's rights have been totally trampled and in our United States we are protected from this type of treatment. We are not in ElVito..

wiredmama222

SOLD...Ok, so he HASN'T been terminated, but suspended? Is he under contract?

The board did not do an executive session with him, which means that they took him into a public arena, aired all his public problems (which is totally illegal under the sunshine laws and punishable by a $500 fine plus removal from office).

Then they asked for an investigation of the problems by giving the OED and the state department of education the Markling report without giving him a chance to respond to it, and their conscences without his responses in hopes of loading the deck against him?

Do I have this right so far? Is that what they have done? Have I correctly stated what has been done so far?

Then he filed suit of conspiracy against him? And they filed suit to have it dismissed? Right?

And the board expects these agencies to NOT talk to Mr Fox about all this? Is that correct? Do they expect that they will not ask him any questions at all or ask for further evidence like reviews of his performance over the last years of his contract? His work records? Etc?

Do they think that they will not ask to speak directly to Mr. Fox hiself in any way or see what evidence Mr Fox's lawyer has?

See, I was under the impression that Mr Fox had been fired, given what the SR had written about this situation. They made it sound like he had been terminated, not merely suspended, but terminated by the board. But it still remains that he would be talked to by both state departments during any investigation by either board, especially ethics.

Do I have the general idea of what is now happening and correctly?

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Wiredmama-
The board has begun termination proceedings based on the illegaly obtained, totally slanted, illegaly distributed Markling report.

Fred Fox is still under contract with the board and in his contract it is stated that the Huron Board of Education must evaluate Fred Fox anually, (not anally, annually). They have not done it two years in a row.

The board should have evaluated Fred Fox and put their greivances in the evaluation. Obviously they are being led by an idiot who knows nothing about procedure.

sanduskyregiste...

So lets say they evaluate, email is not apart of the evaluation process, therefore unless someone was being nosey, wouldnt have asked to see the emails. you also with the old board would never have had a 3 to 2 vote against fox in anything he wouldve done. even if those people wouldve discovered this email situation they wouldve swept it under the rug. therefore the public wouldve never heard about it.

Greene was against the arizona situation. but she went along because the majority already decided it should take place. i agree that shouldnt be a slap at his face, his delayed in receipts is a question.

Fox is a sneaky fox. remember the dager he held over everybody's head about the levy, the state-taking over the school system. threatening to cut extra curriculars. Begging the teachers union to take a freeze in pay. So he got everything he wished for, because the people in huron don't want to cut the kids education. Then whats he do? Oh you passed it? good 4% raise for me! F.U teachers.. its all about me. Then his board buddies, "Well he deserves it because of the increased testing percentage of the Woodlands students" Ohh really Mr Board Member? Really? so the teachers in that school had nothing to do with that???

You must be his best friend. Because you dont wish to view the dark side of this man.

wiredmama222

With all due respect, I have a questions here I would like answered if you don't mind. PLEASE????

...board friends or not, evaluations are REQUIREMENTS, not something you do when you feel like it. Every board has to do them. I would think they would have done them and he would have gotten excellent marks, so why did they postpone doing them for TWO YEARS, knowing they are MANDATORY?

If his staff knew he was having an affair as suggested why didn't they tell anyone?

Why would Greene go along with a vote even if the others did and she didn't want to, what difference would one dissenting vote make?

What difference in the time length to pay the discrepancy AZ trip back does it make? Who cares about that? It got paid back.

Why does the state taking over the school make him the bad guy and not the school board...that is there responsiblity NOT the superintendents. Every school board is responsible for the fiscal part of the school, so how does Fred Fox play into this? I don't get that. If he was going to cut EC Activity and pay raises that is the boards domain not the supers. Why is he getting blamed for it?

And the upping of grades? That is the teachers, not the supers, unless he was on them all the time or got rid of teachers not doing a good job. Is that the case?

Did his contract call for a raise? Was it given?

Can you explain that or is that what the board members are telling you now? Just trying to get to the bottom of the truth/lie things. If the SR is unbiased in this, why is this writing so upset in nature and why does it seem to be so slanted toward the board?

sanduskyregiste...

obviously you didnt read those emails when they first came out, Green told the 3 fox lovers, that she didnt like the AZ idea, but she'd go along since the majority vote already favored it.

Again, think for one gosh darn minute. STOP and think - Ash, Cap, Bulea are FOX supporters thru thick and thin! They are NOT going to do anything to Fox that the public wouldnt know about. They're not going to bring up dirty laundry. So why not question those OLD board members on why they didnt evaluate? Those three along with two of the three amigos should be questioned! I'll guarentee if Tim was on the BOE at that time, he wouldve got the evaluation going. And it probably wouldve hit the fan at that time!

If you're going to put the blame on the school board, then maybe its time to get rid of 4 of the 5 members right now!

mamma, you def need to research it on the situation of the old days. Theres alot to be said for what didnt happen.

wiredmama222

Has anyone considered what would happen if Fox or ANYONE were to write a letter to the Attorney General reporting the board for their lack of following the Sunshine law for the meeting?

You realize, Sold that it holds removal from Office or seats as a matter of punishment if the offense warrants and a $500.00 fine, correct?

This offense is so grievace a matter, meaning that this man's entire life was turned upside down, that the members of this board would lose their seats pending this investigation of wrong doing on the part of the Attorney General, that it could mean a real upset if that were to happen.

What a mess that would be.

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What a blessing that would be, Mama !

wiredmama222

He could, you know.

wiredmama222

ODE and OEC are going to talk to him first...its an investigation: they talk to both sides. Never heard of one that they didn't. When that happens they won't pull his license, not at his level of degrees. Recommendation: Reinstate, no raise for a year. Probation for a year, Re-evaluate in 6 months/12 months.. Make adjustments if needed Watch emails. Ck every 2 weeks. Local board won't accept it.

Julie R.

Geez oh pete, Sold. You act like poor Mr. Fox is the only one in Erie County that has ever had --- according to you --- his rights trampled on. Where in the heck have you been, anyway, living under a rock or what? EVERYBODY in Erie County gets their rights trampled on. That's because you have jokes for judges not to mention a joke for a prosecutor!

wiredmama222

Julie, The idea of whether the man's rights are trampled in Erie county right now are the least of his troubles until he gets past this board. His rights on this board have been pulverized. He needs to report them to the state FIRST and then move on. Its a simple matter of writing to the State's attorney general on that one. Nothing more or less and he should. That's who handles the first violations. And boy did they violate. I wouldn't let them get away with it for a second.

Then he can deal with the court and what he has to go with with EC. He can work his way up when he needs to. I would think he may not have to after the knocking they took the other day. Everyone is watching them from high places after violations with Vermilion so they may be on their best behavior right now. LOL. Being reversed by the SC is a big deal. That's a smack down no sitting judge ever wants to take and they had to take one big time. I believe Binette was the judge on that one too.

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WiredMama-
The only issue that the state is going to have with Fred Fox is the personal email use. I'm pretty sure it's a board policy not to use the email for personal reasons.

#1) Fred Fox was the Fremont administrator's mentor so email use to her would be considered business.

#2) The email policy is antiquated and as proof I would look to Donna 'Hastings' Green's OSU email use. She is employed with OSU. When attorney Murray requested her emails from OSU, OSU responded that her email was a mix of business and personal so they could not provide her email. Email policies have changed drastically in the last five years as servers got bigger and able to handle more email. Huron just never changed their policy, (allegedly, as I do not have the 12" thick policy manual in front of me).

#3) I would have to think that attorney Murray, utilizing all resourses available to him, would have by now informed the attorney general, but I am definately going to check it out. TY for the input !

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