News from April 1, 2003 issue


Attorney: Hargis action on his advise
When she wrote down license numbers
Criminal case is postponed
One of the attorneys for Crittenden County School Superintendent Fredericka Hargis has shed new light on her criminal case and says the Board of Education should not proceed with her removal process until the criminal case has run its course.

Charlie Ricketts of Louisville said Tuesday that he has been representing Hargis since before she was charged with felony wanton endangerment for allegedly running over the foot of Tracy Rozwalka after a confrontation at a Marion tanning salon and beauty shop.

He said the school superintendent was within her rights to take down license plate numbers of cars parked in front of the salon, which is also a coin laundry.

"She was under my instruction to find out who was responsible for the letter," Ricketts said, for the first time revealing what might be part Hargis' defense in the criminal matter and the situation surrounding the school board's process to remove her from office.

The Kentucky Education Commissioner has ruled that the Crittenden County School Board may proceed with charges for removal of Hargis. The Kentucky Department of Education made the announcement about noon last Thursday.

The school board issued charges of insubordination and conduct unbecoming a superintendent against Hargis on Feb. 24 at a special meeting and made public its intent to begin a formal process to fire her. According to Kentucky statute, the Education Commissioner must rule on the charges before the local board may proceed with a due process hearing. School board attorney Zac Greenwell said Hargis and her attorney would likely have 60 days to prepare a defense, at which time a hearing would be held in executive session by the school board to determine the fate of the superintendent. Hargis, by her own request, could call for the hearing in front of the board to be held in public.

The school board moved to have the superintendent removed just five days after she was allegedly involved in the tanning salon incident. When Rozwalka filed a complaint against Hargis, the superintendent was summoned to Crittenden District Court to face a felony criminal charge. Ricketts indicated that Hargis had grounds to charge Rozwalka, but Rozwalka "beat her to the police station." Police say that Hargis did in fact, a few days after the incident at the tanning salon, go to police in an attempt to file criminal charges against Rozwalka. Police Chief Kenneth Winn said that those charges cannot be filed until the current case against Hargis has been resolved.

Meanwhile, Hargis' Louisville attorney says the superintendent was indeed acting on his advice when she was investigating who might have written the anonymous letter being circulated around town.

"She has every right to find out who libeled and slandered her in the letter," Ricketts said.

The letter, a six-page, type-written critique of Hargis and others within the school system, has been largely considered the primary factor leading to the confrontation at the tanning salon. Hargis overheard some in the shop talking about the letter, Ricketts confirmed.

Ricketts said Hargis originally went to the shop to inquire about tanning schedules and to ascertain if there was enough privacy at that particular shop for her to tan there. Ricketts confirmed this week what other witnesses had previously stated, that Hargis left the salon once then returned and began writing down license plate numbers of vehicles in the lot.

At that point, the attorney said Hargis was "accosted" by Rozwalka and left the scene before the situation escalated.

"She was free to leave and she took her leave," Ricketts said.
That's when Hargis' car allegedly ran over Rozwalka's foot. Rozwalka has said that she will not comment on the case until it is resolved.

Hargis appeared in Crittenden District Court March 10 for arraignment on the criminal charge, after which she told reporters she would fight the felony charge as well as the board's attempt to remove her from the superintendent's post.

Ricketts said that the school board would be denying Hargis' due process if it moves forward to remove her without a disposition in the criminal case. He referenced civil rights issues that would prompt him to advise against her testifying at the board hearing while the criminal matter is pending.

He also said that if the school board fires Hargis, the matter would likely be appealed.

"It has all of the checkmarks" of a case that would be heard by the Supreme Court, he said, pointing out that most issues involving school superintendent firings end up being settled out of court; therefore, this case may set legal precedent. He said any consideration of reaching a settlement in this case is "premature at this time."

The school board's attorney said the board will decide at its next meeting on April 22 how to proceed and when to schedule a hearing for Hargis in front of the board.

"I have discussed the possibility of delaying (Hargis' hearing in front of the board) until after the criminal proceeding," Greenwell said. "Not because the school board's case in any way hinges on the disposition of the criminal case, but because the school board wishes to protect Ms. Hargis' constitutional rights."

In new developments in the criminal case against Hargis, Crittenden County Attorney Alan Stout asked the Kentucky Attorney General's office to appoint a special prosecutor to handle it. Stout said he did so because Hargis' attorney had raised conflict of interest issues because Stout's assistant county attorney is Bart Frazer, a law partner with Greenwell, the school board's attorney.
Stout said he asked to be taken off the case in order to "avoid any appearance of impropriety."

Dan Boaz, county attorney for McCracken County, has been appointed by the Attorney General to prosecute the case. Boaz was officially appointed Monday.

Hargis was scheduled for a preliminary hearing Wednesday in Crittenden District Court, but Boaz was out of town. Judge Rene Williams said a new hearing date has not been set at this time. Hargis' attorney in the criminal case, Alan Holbrook of Owensboro, and Boaz were to work out a date for Hargis' next court appearance.

Hargis remains on paid suspension. A copy of the letter sent this week to the school board from Education Commissioner Gene Wilhoit can be viewed below:

March 24, 2004
Hon. J. Zachary Greenwell
Attorneys at Law
PO Box 361
112 West Carlisle Street
Marion, Kentucky 42064

Re: Approval to Remove Fredericka Hargis as Superintendent of the Crittenden County School District

Dear Mr. Greenwell:

As attorney for the Crittenden County Board of Education, by letter dated February 25, 2004, you submitted to me certain documents regarding consideration of removal of Fredericka Hargis as Superintendent of the Crittenden County School District. You provided a copy of the charges for removal of the superintendent that had been issued by the board of education and provided to the superintendent, as well as a copy of the records of the school board meeting and a copy of the uniform citations.

The process for consideration of removal of office of a local school district superintendent is provided in KRS 160.350 (3). Within that statutory provision, included in the process is a requirement that the local board of education seek approval of the Chief State School Officer for removal of the superintendent.

I have investigated the accuracy of the charges made, evaluated the superintendent's overall performance during her appointment, and considered the educational performance of the students in the district.

Pursuant to KRS 160.350 (3), a local school district superintendent is hired, evaluated, and continued or discontinued in employment by the employing local board of education. The Crittenden County Board of Education is the employer, and Superintendent Hargis is the employee of the board. The available evidence can lead one to reasonably conclude that Superintendent Hargis engaged in misconduct or conduct unbecoming a superintendent. Whether the misconduct or conduct unbecoming a superintendent warrants termination from employment or a lesser penalty is an issue as to the appropriate consequence.

I conclude that the issuance of charges in consideration of removal of the Superintendent in Crittenden County is not being done for political purposes and without regard to the superintendent's conduct and overall performance. Rather, it appears that the local board of education's concerns which caused it to issue charges are based upon concerns over the superintendent's ability to effectively serve as superintendent. Since this appears not to be a political consideration, but rather solely focused on whether the superintendent committed misconduct or conduct unbecoming as a superintendent that warrants termination from employment, I am deferring to the judgment of the Crittenden County Board of Education as to whether removal of the superintendent in these circumstances is warranted. Therefore, I am approving the Crittenden County Board of Education proceeding to remove the superintendent, and if the local board decides in favor of removal, it has my approval to do so.

Pursuant to KRS 160.350 (3), the next step is for the Crittenden County Board of Education to consider removal of the superintendent for cause by a vote of four-fifth of the membership of the board of education. The process to be utilized leading up to that vote should be based upon the advice of the attorney for the Crittenden County Board of Education.

Sincerely
Gene Wilhoit


Judge wants roads for coal mining
Crittenden Judge-Executive Pippi Hardin is excited about the prospect of jobs that a coal mine, rock quarry and riverport could eventually bring to the county.

Hardin has begun meeting with property owner and furniture maker Kimball International and Crittenden County Coal Company. The coal company wants to mine on Kimball land adjacent to Bell's Mine Road near Ky. 365.

"This would be a lifesaver to Crittenden County," Hardin said Tuesday, adding that he understands some of the woodlands have already been cleared.

Hardin said he will propose to magistrates at the next fiscal court meeting that they improve old or install new roads in the area.
"Bell's Mine is a county road and it's a small, curvy, hilly one," he said. "If you start putting coal trucks on it, it could be really dangerous."

Hardin plans to encourage magistrates to get behind the project by approving road upgrades as soon as possible. He predicts that a rock quarry, along with product from the mine, could keep a planned riverport thriving.

"We're talking 20 to 40 jobs for strip-mining and another 60 for underground at the mine," Hardin said. "Then, on top of that, we'd have the jobs created by a quarry and riverport. I'm really hoping we can get the fiscal court on board and move right straight ahead on it."

Hardin also plans to begin talks with the Crittenden-Livingston Water District. "The mine will need potable water for its underground operations," Hardin said.

Hardin said his push to spur the project on is based on the county's dire need.

"We are really hurting economically, and bringing in these jobs would mean so much to the county as far as revenue," he said. "It's a great opportunity."

NEWS BRIEFS
X-ray evidence in attempted needle theft
A Princeton man faces theft charges after he allegedly tried to steal almost $200 worth of hypodermic needles from Crittenden Hospital's emergency room last Thursday. Robert Jack Lyons, 41, was charged after an X-ray revealed several syringes tucked into his underpants. Lyons checked himself into the emergency room for treatment for a kidney stone. After being admitted, the man undressed and put on a hospital gown. Later, staff found several needles wrapped in his pants. Police Chief Kenneth Winn thinks Lyons took the needles after being left unattended in the ER as he was awaiting X-rays. Winn said that when ER staff saw the man's X-ray, which showed dozens of syringes, they phoned police.

Police saved burglar from getting shot
Here's one burglar that got off easy. Paul M. Ipock, 22, of Marion probably got off lightly when police found him allegedly trying to break into a home at 418 West Elm Street at 2 a.m., last Thursday. According to Police Chief Kenneth Winn, the homeowner was inside ready to take aim at the intruder if he made it into the house. Winn said the homeowner, James Faught, called 911 and reported that someone was trying to break into a window at his house. When police Lt. Don Perry and Officer Bobby West arrived, they found Ipock pounding on the glass. They nabbed him and charged Ipock with criminal trespassing, attempted burglary and alcohol intoxication. "It's probably a good thing he didn't get in because the owner was inside waiting with a pistol," Winn said.