The Morning Journal (Lorain, OH)

Fox sues Huron school board member

- By RICHARD PAYERCHIN rpayerchin@morningjou­rnal.com Twitter: @Mj_journalric­k

HURON — Former Huron school superinten­dent Fred Fox has filed a defamation lawsuit seeking $2.5 million against Huron school board member Timothy Sowecke.

Fox, who was ousted by a 3-2 vote this month due to allegation­s of misconduct, filed the lawsuit last week in Erie County Common Pleas Court. He also is seeking compensato­ry damages of at least $25,000.

“The lawsuit is a defamation lawsuit basically alleging that Sowecke maliciousl­y and without any resolution from the school board, and in total violation of the school board’s policies, caused the Markling report to be published,” said Fox’s attorney, Patrick Murray, of Sandusky.

Murray referred to the report compiled earlier this year by the law firm McGown & Markling.

The report documented allegation­s that were included in the resolution to fire Fox. School board members Sowecke, Scott Slocum and Donna Green voted to fire Fox, while board members Kevin Asher and John Caporini have supported him.

At least some of the school officials and lawyers are due Thursday at the court for a pre- trial conference and motion hearing in a lawsuit filed this summer by Asher to block the board from paying at least $50,000 owed to McGown & Markling.

Fox’s lawsuit is similar to parts of Asher’s and Fox fired back at allegation­s that he had an improper business relationsh­ip with Kalahari Waterpark Resort President and owner Todd Nelson.

Fox lawsuit claims the Markling report is filled with false informatio­n, and it is “a total lie,” Murray said.

Statements in the report have Fox’s reputation and honor, integrity and ability in the

performanc­e of his duties as superinten­dent of the Huron City Schools,” according to Fox’s lawsuit.

The lawsuit recounted successes from Fox’s tenure as Huron schools’ superinten­dent.

Sowecke had a “vendetta” against Fox because “the school board was buying supplies from merchants outside of Huron rather than from Ace Hardware, which he owned,” according to the lawsuit.

Sowecke “also publicly expressed anger” when Fox advised the “H” Team athletic boosters were prohibited from using mowing equipment to cut grass at the stadium due to insurance reasons, the lawsuit said. Sowecke also demanded Fox give up an 8 percent raise given after Huron school administra­tors did not get raises for three years due to the economic climate, the lawsuit said.

Fox also argued the board wrongly voted to hire the Markling firm and he dismissed the report as false.

Fox “states that the services rendered by Markling and the report he wrote were little more than a compilatio­n of hearsay observatio­ns, rumors and gossip all elicited from people who were not under oath and rarely in a position where they had any knowledge of the subject they were speaking about,” the lawsuit said.

“The report was nothing more than the product of an attorney seeking to please defendant Sowecke with the hope of acquiring a new account,” the complaint said. “No part of the report deals with plaintiff’s job performanc­e as superinten­dent.”

Fox conceded he won an award from the Huron Chamber of Commerce for cultivatin­g an “excellent” relationsh­ip with local businesses. His contacts with Nelson and Kalahari Resorts resulted in a $750,000 donation for Huron’s football field and Fox hoped to land another donation of $ 600,000 to improve the auditorium of McCormick Junior High School, the lawsuit said.

However, Kalahari Waterpark Resorts did not get any favorable treatment for property tax abatements to grow in Huron Township, according to the lawsuit. Huron school district covers part of the township.

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