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

UgtaBkdnMe

Tmm, would you be so kind to tell us who you directed this to: Julie or Mama ? According to the new rules (set by Mama on a post to Tsu) we are not allowed to answer if it isn't directed toward us. Just wanting to avoid confussion and rule breaking ! LOL

wiredmama222

Now I am a dumb a$$, at least not so dumb as to be posting on here like a wounded buffalo yapping my mind out over something as stupid as to tell people they don't know what they are talking about and saying they don't know what they are saying, blah, blah, blah.

At one time, when my kids were young, they did go to Margaretta and my grandkids go there, as one goes to Huron and one in Perkins and one in Sandusky. So does that qualify me to discuss what happens in any of those school systems? Or do you have to live in those cities to qualify?

My children did not come from a 'broken home'. Oh, yes, I divorced AFTER they were grown...after 25 years of living in HELL with their natural father and am now happily married to a great guy. So what? We are far from "trash'. I suppose you hold yourself in HIGH esteem? My children are happy, healthy and fine parents.

They all have wonderful jobs, raise fine families and live active, productive lives. They are God fearing, Christian people with good morals and good ideals. They are raising their children with those same principles and morals.

For you to sit and say differently just shows that you are by far the most hateful of those who decided to pull what your BOE did. You should be just as ashamed as those who did this to your superintendant. You really should. I think your anger has outweighed your common sense and then some.

Just wait until Sandusky has its next "big deal". I shall remind you of these comments then. You will wish you had not made them, I assure you.

kURTje

OK......1rst thanxs S.Register for looking. Thanks to all that posted. Why? In a live meeting some would let their emotions get to them. See, each here HAS a chance to speak. While there are many sides to ANY topic this forum allows all a FAIR opportunity to voice heartfelt opinions. Great stuff! Wirededmama I've always been "active" since I was 18. (I have no malice to you either)

wiredmama222

TY, Kurt. I, appreciate that. I too feel anyone has the right to speak their mind. It is the little minds that would like nothing better than to silence those who disagree and shut the door on those who have a difference of opinion. I have no malice toward most anyone. I dislike anyone who will answer for another (that is just rude and shows a lack of dignity for the person to whom you were addressing. Like butting into a conversation).

I have said pretty much all I care to about the ridiculousness of this situation in Huron. You will never change the "made up minds" of those in the 'know' over there. They are like pieces of concrete. But like many, when the fall comes, it is those who will fall the hardest. What a shame.

Kurt, for the most part, many times, I may disagree with what you have said, but I will fight to the death for your right to say it. Your opinion is strictly yours and that is your right when someone is speaking to you, to say EXACTLY what you think. Sharing your thoughts with others is how new ideas are born. You go, Kurt, you go.

Sit n Spin

My Lord you people have some serious issue's or no life at all...Probably both. Take the time you spend typing all this drivel & focus it elsewhere....somewhere you can actually make a difference. Pathetic.

Jack518

The Huron School Board members responsible for this "mess" should be aware the troubles facing them in hiring a new superintendent and future teachers. Having been a former teacher, I would not want to work for a school system lead by people of such low character as to publicly accuse someone of false allegations. Good superitendents and teachers will avoid your school system like the plague.

Ακόμη Sold σχετ...

You said it, Jack !

wiredmama222

To those in Huron who have a brain......I don't know if your Mr. Fox did the things your BOE says he did or not, but this I do know for sure.

1. Your BOE had a choice in how to handle his firing and they chose the wrong way to handle it. The Ohio Sunshine Laws are specific and absolute. They tell each and every board how they can and cannot handle their meetings and how they must deal with hirings, firings, raises, etc. Violations of these laws have very specific fines that go with them on top of putting yourself in jeopardy of being sued by the person who's rights you violate. Even if you win in local court, you run the risk of having them take it up the "food chain" so to speak to a higher court.

2. Airing of the employees "transgressions' in the open is an absolute "no no' and prescribed in the Sunshine law which comes during the middle of a regularly scheduled meeting. All that you can tell the public is that the person is being FIRED or DISMISSED but you cannot under any circumstances tell the public the particulars of the firing. This is part of the sunshine law as well. (to say nothing of federal law)

3. No one, it appears, ever asked Mr. Fox to explain himself unless they did so in private. Since there are no records of the Executive Session, then no one but the board and he knows what went on. HOWEVER, the board MUST inform him of why they let him go. They refused to give him a copy of the firing at an open meeting and a copy of the Markling report.

4. Any report that is turned into the OEB by hand delivery is considered a PUBLIC DOCUMENT and not a private one. Therefore anyone should have been able to get a copy of it. It is not a private document once delivered to the OEB.

5. The BOE did not have to wait to fire Mr Fox until the Ethics committee said so. If they felt they had enough charges they could do so at any time. Waiting for the ethics committee was a safe guard if they couldn't prove their reasons and nothing more. They must not have had sufficient cause on anything unless they thought they had it on the affair.

6. No public school equipment, buses, tools, etc have to have board approval before being sold. If a bus or tools comes up missing a theft report has to be filed. If that bus was sold, either there was a sold signed by the BOE or a theft report filed. Same with the tools.

If the tools were returned, no theft report need be filed. No charges were needed.

7. Firings of all members of the teaching and administrative staff sign contracts. In order for a firing to take place, the person MUST violate a portion of their contract. Otherwise the school board cannot fire the person.

If these criteria are not met, they are considered NOT DONE or ILLEGAL as they deal with contract and legal matters. Now I am not his attorney nor am I their attorney.

I do know this. The BOE violated the SL and the contract items UNLESS they can prove he had an affair or is the ethics committee says they have a case based on what they can supposedly prove by the Marklin report.

They must not have had enough with anything else. Very sad problems for your city.

But this could all have been solved if they had just done it by the book, followed the prescribed laws and been patient.

Like I said, I don't know if he is guilty or innocent but it doesn't appear that any of you really does either....that includes that SR. We all have opinions. We all THINK we know but no one is sure.

It will be interesting over the next few months to see what the court says. My opinion is the court won't be too thrilled with the board or its members. They won't like how this was handled at all.

Do I think Mr. Fox is lily white in all this. Probably not. But that doesn't mean anyone gets to trample his rights. No way. Not any more than he gets to steal if he did, cheat if he did, or lie if he did.

But I am afraid that Mr. Fox is going to cost the City Board of Education a LOT of money just on that point alone. Never but never embarass and employee in front of everyone like that. Not even if you think you have the right to.....because it never works out.

Never.

Ακόμη Sold σχετ...

'Do I think Mr. Fox is lily white in all this. Probably not. But that doesn't mean anyone gets to trample his rights. No way. Not any more than he gets to steal if he did, cheat if he did, or lie if he did.'

The best part of your post, Mama, and what I have been saying to this lynch mob over and over. In this country we have rights. One of them is not to have libelous documents published.

wiredmama222

I want to read that thing myself. I would LOVE to see it. I would give even money it contains what that board WANTS it to contain. It would be interesting reading, no doubt.

kURTje

Yeah like you did it all. Thanks for looking s&s. Proves the point.

Sit n Spin

Whatever it is you are trying to relay makes no sense at all...so by all means carry on....carry on with your feeble minded self.

wiredmama222

Kurt, who are you addressing/ Me or sold or the Sandusky Register?

Tsu Dho Nimh

Since there has recently been some comments about what can be posted, how posts can be made, and when posts can be made, here is a copy of the discussion guidelines:

Community Guidelines

You cannot make posts (or create usernames) containing:
Personal attacks (including: name calling, presumption of guilt or guilt by association, insensitivity or picking fights),
Personal information,
Remarks that discriminate based on age, race, religion, disability, etc,
Remarks advocating illegal or violent actions,
Libel and defamation,
Profane, obscene, sexual or derogatory language,
Spam.
Off-topic comments,
Lengthy excerpts from other websites.

I believe everyone posting could be guilty of the presumption of guilt. It is very clear that people think Mr. Fox is guilty of something or that the 3 board members who took action are guilty of something.

I do not agree that responding to a comment or giving an answer or opinion is picking a fight. There is no such thing as a private conversation in a public forum. My comments to a particular person have not used profanity, named called, or questioned the person's ability to tell the truth. No one has the right to tell anyone what they can respond to. Also, we need to stop attaching real names to user names. I will state one last time that I am not Drew Legando and I have never met the attorney. Let's show him respect that he deserves. I am capable of holding my own and it is obvious that Sold and I throw some playful punches but I cannot be part of including Mr. Legando's name into our discussions.

Tsu Dho Nimh

On a side note, it is no one's place on this site to teach any "lessons" or make sure that some one has "learned their lesson" as atated in one of the posts.

wiredmama222

Oh, TDN, you state the rules and turn right around and criticize the very thing you say you are allowed to do....state an opinion.

Look, this gets everyone no where so I guess I will have to be the bigger person and just apologize to you even though I didn't start this.

SO, I APOLOGIZE.

That should make you happy.

NOW, bury the hatchet and get over it, ok. You have your apology so deal with it as best you can and move on.

Morningbreezes1

Ok.. I have read all the comments on here.
I think all of this is a witch hunt. Brought on by the school board. I lived in Huron for 30 some odd years. And when you lived in a place that long, you get to know, who's who.
There are some families in town who seem to think, they are above everyone else.
With that being said. Let me add...
How many people have sent emails on company time? I'll say it's a safe bet, that almost everyone does, that has access to a computer.
The school board started this mess. They didn't anticipate this sort of outcome.

wiredmama222

Your name fits....just like a morningbreeze...That took guts to write this and be a dissenting opinion and live in Huron. Good for you. I see that not all of Huron, despite comments to the contrary, agrees that this was done correctly. I agree with what you say 100 %. Good post.

Ακόμη Sold σχετ...

Morningbreezes:
Great post and it's good to hear from another who realizes that in Huron it's not who you know.. It's who you are related to.

TDN:
Thanks for bringing the posters back to what is, (and what is not), allowed.

WiredMama:
Thank you for actually arguing with a bunch who does all of the things they accuse others of including repeating over and over the same warped arguements.

Let's all get up to speed:
#1) 'Toolgate' is not an issue in Fred Fox's termination. And no matter what you say, TDN, 'Toolgate' is over and does not exist according to the Huron Police; the Erie County Sheriff and the Auditor of Ohio. Find and post a document to the contrary.

#2) Kalahari is not in any way, shape or form a vendor to the Huron City Schools. Having said that there is no reason Fred Fox could not accept discounted anything from Kalahari.

#3) Fred Fox does not do his own reimbursement so the blame for anything he was reimbursed for on his Arizona conference trip needs to go to the reimbursor. (And the facts are that Fred Fox repaid some of the reimbursement when it was brought to his attention that it was improper).

#4) The personal use of email on your company's time rates a misconduct, not a termination.

#5) If Fred Fox would have been evaluated annually, as his contract called for, perhaps this use of email could have been brought up in the evaluation.

#6) The Huron BOE had no right to make employee Fox's business public.

#7) The only thing the Huron Board of Education has on Fred Fox is an illegally obtained and distributed Markling report that even the Sandusky Register has deamed not worth the paper it is printed on.

#8) (And the one I can't believe you of the lynch mob can get past), Fred Fox may have broken a school policy by using his company email for personal reasons, but the 3 Amigos/Stooges have actually broken laws. Not rules, not policies.. Laws.

Like I have said MANY times: Making Fred Fox's business public is what I most find fault with. No matter what Fred Fox did, or did not do should have been between him and the Huron Board of Education.

wiredmama222

You are quite welcome. I hate seeing people who think they can do so, publically humiliate and (dare I say it again) "railroad" someone like this has been done. It sits wrong with me, right is right, wrong is wrong. I think brave Morningbreeze is right on target. This board just didn't think this through. She is spot on.

wiredmama222

Sold...to your list of complaints and the stating of the above statements I say AMEN. If some of these doubting thomases would only go to the State of Ohio Sunshine laws and READ what they say about what the BOE did, they would find the their board did indeed violate the Sunshine laws of the State of Ohio. That is fact. In terminating him the way they did, they also violated contract law, that is why they had to go back and pay him until they straightened out their FIRST error in firing.

They have created one heck of a mess. Are they waiting for he State ethics board to bail them out? Oh, they will be waiting forever. They missed the opportunity with that as well, when the ethics board finds out what has happened they will close this case if they haven't already. Wait until they find out Mr. Fox was not evaluated or reprimanded BEFORE claims were filed against him which is the prescribed method for filing a claim. WOW.

Tsu Dho Nimh

Sold,

I will agree that 'toolgate' is not one of the points for termination and the legal investigation is over. I will beg to differ that the State Auditor's Office if finished with the investigation. I do not believe that the investigation is open to public records law but the office does send confirmation email to the reporting party and an occassional update to which office is handling it. Last email stated it has been forwarded to the Toledo office for special investigation.

Kalahari has not been mentioned much lately. I am going to guess it is because the current hearng process is being conducted by the Ohio Department of Education. This department handles the issues of whether or not Mr. Fox should have been aware that the AZ trip reimbursement was illegal, if he took a vacation day without properly reporting it, the issue of excessive use of school email to conduct an affair, and if the affair took place during the typical work hours of a school district. The Ohio Ethics Commission will focus on the Kalahari claim, determine if their was a relationship, and if Mr. Fox benefitted by the relationship.

As I have stated before, whether we agree on how the information was obtained or turned over, time will answer those questions. Based on what I have actually read and reviewed (not the Markling report), I have not seen one piece of evidence that supports Mr. Asher's claim. I have requested emails and found that both Mr. Asher and Caporini have contradicted themselves when they make statements at board meetings and published letters. At this time, I have not read or heard a contradiction from the other three (believe it or not, I ask for records on all five!).

You know, Sold, we have been bantering for several months now and with the exceptions of a few times where we both have crossed the line, it has been fun. This is not directed at you but I will be honest, it does bother me that someone would refer to me as being a liar because I could not have seen what I have claim to have seen as an average citizen, that I am not open to another point of view, and that I am closed minded. To be told when I am allowed to post and who I can answer just blows my mind. I will give you credit, as much as we can disagree, you have never stooped to such a level as that. My only complaint is that you please not refer to me as DL anymore. I promise you that I have never met the man. Jab at me all you want but please do not include a non-participant. Will you do that? Thanks.

wiredmama222

TDN....You make reference to what you have seen and read...what exactly HAVE you seen and read, if not the Markling report, which would give you any information that is not seen by the public?

This is the second time you have made reference to having seen what could be considered "priviledged' information.

Please inform us of what information it is that you have actually "seen' that is pertinent to this investigation that would be relevent. Thank you.

Tsu Dho Nimh

I do not have any priviledged information. You can do the same thing that I and many others have done. Contact the treasurer and request all emails relating to the current and former board members, travel reibursement of employees,travel requisitions/purchase orders/reimbursements, and so forth. Anyone, not just Huronites, are entitled to do this. I have shared many points in my posts such as which board members follow the proper procedures when submitting reciepts for travel, which board members were part of the team to interview for the temporary superintendent, and which board member has an 18 year history of selling goods to the school district that violates the rules of the OEC. You can go to the OEC website and they have a nice checklist of the few exceptions to the conflict of interest rule. It is very clear and when matched next to the purchase orders and payments, he did not meet the exception. Kevin Asher states in point #1 of his first injunction that he is a lawyer in Ohio. I went to the the Ohio Bar website and saw that he was not a licensed attorney in Ohio. I made a phone call to the agency and the woman was very nice. She explained the codes in more detail and said that he NEVER has been a registered attorney in Ohio. They were notified when he finished his law requirements in NY state because he had an Ohio address but that was as far as it went. I could go on and on but I could go all night and never repeat myself. I document every phone call that I have ever had with theses agencies. What I have found during all of this is that Mr. Asher and Mr. Caporini have on several occassions made statements that were contrary to what the emails and other documents show. I have yet to hear the other 3 make statements that contradicted anything that I have found in my requested records. It is a known fact that both Asher and Caporini have deep personal roots with Fred Fox. They do not deny there is a friendship. My opinion is if a person will lie about something that can be proven to be a lie, then why should I believe anything Kevin Asher has to say that transpired in a conversation (ie Mr. Sowecke told the board...yada yada yada). This is why I feel strong in my opinion that the 3 are not the bafoons that Mr. Murray would like us to think they are.

I'm sure you are probably wondering why I have gone to such great lengths to get the information. I have never been involved in school board meetings and such prior to this. I heard some of the rumors but pretty much keep to myself. With the exception of my spouse's family and some neighbors, my social circle does not include Huronites. When this ugliness started, I did not know what to believe. There were many rumors beyond what is being posted here. Instead of getting into the gossip an knowing that people will side with their friends, I started doing some research. Some of the rumors have some basis and most are out and out lies.

Put stock in what I have to say or not but I feel that I have done enough research and state only what I can provide evidence to support.

wiredmama222

TDN....I have a great deal of experience with boards and take great pride in doing things BY THE BOOK. If you will read what the SR says on the next page..I am right about what I have been righting. You board blew it on what they did.

I don't lie, cheat or try and do things the wrong way. I cannot stand those who do. I don't put stock in those who bend the rules for their own devises and it makes me madder than all get out to see a board take advantage of their postitions to do something like this. It is pretty obvious that someone is the leader of the pack and there is move than two or three trying to embarrass and harass Mr. Fox. What they did was wrong in so many ways it is a terrible thing. The truth is, they are the guilty parties here. They have an obligation to the taxpayers and they let you down. I don't know what their motivations are and I do not care. It means nothing as to the reason why.

The fact remains that the ends do not justify the means and it will cost the taxpayers perhaps millions of dollars. The board is the one who leaked this story to the media in order to gain attention. Who does that? (again see SR comments to me on next page). This was all a set up from the word go. You cannot do that when you are a public official.

Your entire board should be dismissed and you should start anew. I wouldn't expect too much help from the ethics board either. What can they do now? Pretty much nothing. Your BOE has already done the damage. Mr. Fox is finished and your board is all but killed their credibility.

If the city of Huron is smart, they will recall the entire board and start over. Get rid of all of them and re elect a whole new board. You have a new superintendant so start over. Get rid of the mess and just start over.

That is the best thing you can do for yourselves at this point. Just get people who can read and understand the LAW this time and make darn sure they get it.

You should run yourself, and perhaps some others who have posted on here. But let this really be a lesson to the people of Huron that the law is the law. You cannot circumvent what the law says or demands. You taxpayers need to be sure your elected officials follow it to the letter, not do as they please. That never works. Those manuals that the state sends out are meant to be followed. They are not suggestions, they are rules.

Seriously, since you are so good at research, run for the board offices. You might suprise even yourself. Good researchers make great officials.

Julie R.

I don't know if this was a conspiracy by Huronites to oust Fred Fox or not, but I sure know a lot of other troublemaking Huronites that worked together in a sneaky conspiracy --- and a criminal conspiracy at that. Attorneys that prepared new fraud power of attorneys and new fraud Wills when an elderly client was in the end stages of Alzheimers naming two of her Huronite children to be her fraud attorneys-in-fact without the knowledge of a 3rd child or the knowledge of a 4th beneficiary in an irrevocable trust .... a Huron insurance agent that worked in the same building as the Huron attorneys .... the Huronite manager of a Huron bank .... and even the Erie County auditor, Jute Hammond (another Huronite) who authorized a fraudulent transfer of an incompetent person's half to property under a forged power of attorney concealed in a another county that caused serious defects in the title to the property.

Got to watch some of those Huronites. When it comes to conspiracies they're just like the jokes at the Erie County courthouse!

BAM272

Julie R Here is a little fyi: NOBODY CARES for your off topic-ramblings that you some how relate to every article on this site. Get over it. Some of you people need to get a life and stop acting as if you are the authority on everything (this is to you wired mama). These blogs, which I used to find interesting and informative are absolutely exhausting to read and are laden with fact-less BS that I will cease to waste any more time on. ALL of you obsessive posters need to get a life. The Register needs to turn off posting for this article as all of you are making Huron look bad.

Tmm

Last post from me for a while...In the immortal words of sold...to BAM272 - Amen! I assure you that when a ruling is made by someone who has authority to make a ruling you will hear from me again - to either say told you so or eat crow. I would suggest perhaps many of you follow this advise.

Ακόμη Sold σχετ...

Good post, Tmm !

wiredmama222

Thank Goodness, he needs a rest. Happy Thanksgiving

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