The employment hearing for suspended Mount Vernon teacher John Freshwater has been held up by the refusal of several school board members to turn over documents and to appear to testify. On Wednesday, two attorneys for the Mount Vernon City School District Board of Education filed a document at the county courthouse giving as their reason that it was “likely” that if their clients appeared to testify they would have to disqualify themselves from the Freshwater matter.
The document—filed with the Court of Common Pleas Knox County, Ohio—gave no specific legal reason why board members were, in their words, “likely” to have to disqualify themselves. The concern is raised in the document that if there was a need for more than two members to disqualify themselves, the board would not have quorum.
The filing of the document came just two days after a public school board meeting in which residents expressed disappointment with the board's handling of the controversy. One of those that spoke at that meeting urged the school board members to comply with the subpoenas. “So as a young person I find myself questioning the people elected to office in our community and the process of the law,” Levi Stickle said. “Please, for the sake of other young people like myself, for this community and to simply get to the truth stop the charade and testify!”
Requests made to school board attorney David Millstone last week—seeking a clear legal explanation for the board’s refusal to testify—were not returned.
The document cites “Rule 24(A) of the Ohio Rules of Civil Procedure”: *
“Intervention of right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of this state confers an unconditional right to intervene; or […](2) when the applicant claims an interest relating to the property or transaction that is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.”
(The document left out those portions that I’ve put in bold. They also inserted “…” where I’ve indicated.)
The documentstates that the board quashed their own subpoenas:
“In response to the receipt of their subpoenas, the two Board members requested the Board quash the subpoenas as neither Board member had direct knowledge of the facts related to the allegations contained in the Board resolution, and the Board did so in May 2009.”
The document by the board only lists two members as being previously subpoenaed—but does not give their names. It also says that a third member has previously been “requested to bring certain documents.” It goes on to say Freshwater “has indicated he intends to subpoena a third Board member and through his petition has indicated the possibility of subpoenaing a fourth Board member.”
The “Application to compel attendance of witnesses in the employment hearing of John Freshwater”—that was filed by the attorney for Freshwater, R. Kelly Hamilton, on June 2—says that more than two board members were subpoenaed. (See the last article on this topic “School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.”)
The matter has yet to be ruled on by Judge Eyster.
* Note: “Rule 24(A) of the Ohio Rules of Civil Procedure” was probability not being used by the board as support for being able to quash subpoenas. It was probably only cited by them as the basis to submit their reply to the original document filed at the county courthouse.
UPDATE 6/20/2009:
"Subpoenas in John Freshwater Hearing -- School Board Says Judge Doesn’t Have Jurisdiction."
Thursday, June 18, 2009
John Freshwater Didn’t Call Media for Gathering on Square
The following testimony took place on 3/27/09—this article relies on the official hearing transcript for details of the testimony.
The Mount Vernon middle school teacher who refused to remove the Bible from his desk has been criticized by some as trying to seek attention. During testimony in March in an ongoing hearing, information came to light that it was another local resident who called the media.
Jeff Cline, who described himself as one of John Freshwater’s “Christian brothers,” said that he was the one who called the media. The television stations he said he called were “Four, six, and ten.” He also said he thought he was the one who contacted the Associated Press.
The gathering was held April 16, 2008 on the public square of downtown Mount Vernon, Ohio. Freshwater read a statement explaining why he was not going to remove his personal Bible off his classroom desk. Mount Vernon News reported on the gathering in the article “Crowd shows support for MV science teacher.”
(It wasn’t until after the gathering that other allegations against the teacher emerged. See Mount Vernon News article “Teacher conduct subject of investigation” )
Attorney for Freshwater, R. Kelly Hamilton, asked Cline what his impression was—based on observation, experience and discussion—of whether or not Freshwater would have participated if he knew the media would be there. “John wouldn't have been there that day,” Cline said. “John wouldn't have put that together.”
Cline also stated that Freshwater had no role in inviting people to attend the gathering. Cline said he had no knowledge of whether or not it was Freshwater who wrote the statement that Freshwater read to the crowd.
It was from having a conversation with Freshwater that Cline learned Freshwater was being ordered to remove his Bible.
On the day of the gathering, Cline described Freshwater as not being his usual cheerful self. “John's always pretty much happy, smiling, just very upbeat and positive type person,” Cline said. “That day I could tell just the -- he looked terrible. The sight of him, just the tears in his eyes and the quivering in his voice, just a total different John that I'd ever seen. He was fearful.”
Cline explained the reason for Freshwater’s demeanor as being the concern over the Bible. “[He was fearful of] Losing his Bible from his desk, somebody taking that prize possession of his, that Bible,” Cline said.
The Mount Vernon middle school teacher who refused to remove the Bible from his desk has been criticized by some as trying to seek attention. During testimony in March in an ongoing hearing, information came to light that it was another local resident who called the media.
Jeff Cline, who described himself as one of John Freshwater’s “Christian brothers,” said that he was the one who called the media. The television stations he said he called were “Four, six, and ten.” He also said he thought he was the one who contacted the Associated Press.
The gathering was held April 16, 2008 on the public square of downtown Mount Vernon, Ohio. Freshwater read a statement explaining why he was not going to remove his personal Bible off his classroom desk. Mount Vernon News reported on the gathering in the article “Crowd shows support for MV science teacher.”
(It wasn’t until after the gathering that other allegations against the teacher emerged. See Mount Vernon News article “Teacher conduct subject of investigation” )
Attorney for Freshwater, R. Kelly Hamilton, asked Cline what his impression was—based on observation, experience and discussion—of whether or not Freshwater would have participated if he knew the media would be there. “John wouldn't have been there that day,” Cline said. “John wouldn't have put that together.”
Cline also stated that Freshwater had no role in inviting people to attend the gathering. Cline said he had no knowledge of whether or not it was Freshwater who wrote the statement that Freshwater read to the crowd.
It was from having a conversation with Freshwater that Cline learned Freshwater was being ordered to remove his Bible.
On the day of the gathering, Cline described Freshwater as not being his usual cheerful self. “John's always pretty much happy, smiling, just very upbeat and positive type person,” Cline said. “That day I could tell just the -- he looked terrible. The sight of him, just the tears in his eyes and the quivering in his voice, just a total different John that I'd ever seen. He was fearful.”
Cline explained the reason for Freshwater’s demeanor as being the concern over the Bible. “[He was fearful of] Losing his Bible from his desk, somebody taking that prize possession of his, that Bible,” Cline said.
Tuesday, June 16, 2009
Time for school board to stop charade — John Freshwater controversy
Community members expressed their disappointment with the Mount Vernon City Schools, Ohio, Board of Education at their June 15, 2009 meeting.
In the last nine months only one person—Ron Meharry—has spoken out in the meetings in favor of the school board’s handling of the controversy.
School board members did not give any response in the meeting to what the public had to say.
The Mount Vernon News has posted an article about the meeting, "Citizens square off with MV school board."
Opinions expressed are those of the individuals expressing them.
Steve Thompson
Levi Stickle
Click here for the text of Levi Stickle's comments.
Dee Briggs
Bob Brayton
Jeff Cline
Click here to view the video of Jeff Cline’s comments. (I removed it as an embedded video because I wasn’t sure that it was related to the topic of Mount Vernon Middle School.)
In the last nine months only one person—Ron Meharry—has spoken out in the meetings in favor of the school board’s handling of the controversy.
School board members did not give any response in the meeting to what the public had to say.
The Mount Vernon News has posted an article about the meeting, "Citizens square off with MV school board."
Opinions expressed are those of the individuals expressing them.
Steve Thompson
Levi Stickle
Click here for the text of Levi Stickle's comments.
Dee Briggs
Bob Brayton
Jeff Cline
Click here to view the video of Jeff Cline’s comments. (I removed it as an embedded video because I wasn’t sure that it was related to the topic of Mount Vernon Middle School.)
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