filing e-filed 02/12/2020 pm€¦ · exhibit 18. 43. baird disagreed with mca's...

Filing # 103222274 E-Filed 02/12/2020 04:40:02 PM

IN THE CIRCUIT COURT FOR. THE THIRTEENTH JUDICIAL CIRCUITIN AND FOR HILLSBOROUGH COUNTY, FLORIDA

MASON CLASSICAL ACADEMY, INC.

Plaintiff, CASE NO.: 19-CA-011779

v.

JOSEPH M. BAIRD

Defendant.

AFFIDAVIT OF KELLY LICHTER

STATE OF FLORIDA

COUNTY OF COLLIER

BEFORE ME, the undersigned authority, this day personally appeared Kelly Lichter

("Affianr), who, being first duly sworn, says:

1. I am over the age of 18, and I have personal knowledge of the matters set forth

herein.

2. My name is Kelly Lichter, and I have been the Chairperson of Mason Classical

Academy, Inc.'s ("MCA") Board of Directors ("MCA Board") since the school's inception.

3. I have read the Amended Complaint and Demand for Jury Trial filed in this

action, and the factual allegations contained therein are true and correct.

4. MCA is a charter school operating in Collier County, Florida since August 2014.

5. A charter school contract was executed between MCA and The District School

Board of Collier County, Florida (the "District"), which sets forth the terms and conditions for

MCA's operation (the "Charter Contract"). A copy of the Charter Contract is attached to the

Amended Complaint as Exhibit A.

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2/12/2020 4:40 PM Electronically Filed: Hillsborough County/13th Judicial Circuit

6. MCA entered into a separate agreement with Hillsdale College to provide

assistance to MCA (the "Hillsdale Agreement"). A copy of the Hillsdale AgTeement is attached

to the Amended Complaint as Exhibit B.

7. In or around August 2016, Joseph Baird ("Baird") became a member ofMCA's

Board ofDirectors and was appointed as MCA's Treasurer.

Baird resigned from these positions in an unremarkable fashion in October 2016.

9. In addition to serving as a MCA Board Member and Treasurer, several of Baird's

children attended MCA. The Bairds removed their children from MCA in the winter/spring

2018 to home school them.

10. In early June 2018, Baird filed a complaint with the Florida Department of

Education's Office of Inspector General attacking MCA, members of its staff, and the MCA

Board. (TDOE Complaint").

11. The tenor and tone of the attacks are scathing, and harmed MCA as set for in the

Amended Complaint filed herein.

12. Baird continued to level these attacks in communications with the District,

Hillsdale, and numerous parents of MCA students.

13. The critical motive for filing the Amended Complaint is that Baird's criticisms of

MCA, its Board and staff contain material false statements of fact with the malicious intent to,

and in fact did, cause harm to MCA.

14. The falsity of Baird's statements and his malice are laid bare when viewed in

comparison to the history ofhis relationship with MCA.

15. Historically, MCA used a shared Google Drive to house many critical documents

related to the school's operations, including financial operations.


16. On August 15, 2016, at the beginning of his tenure as Treasurer, Baird emailed

members of the MCA Board stating that he didn't have access to MCA's shared Google Drive.

Exhibit 1.

17. I forwarded the August 15, 2016, email to MCA's Information Technology

Director, Fedor Steer. Exhibit 1.

18. Mr. Steer responded on the same day, August 15, 2016, and gave Baird access to

the folders. Exhibits 1-3.

19. Thereafter, Baird never complained that he did not have access to the shared

Google Drive.

20. On August 16, 2016, Susan Turner, MCA's Business Manager, gave Baird access

to view and contribute to the Board Activity Management folder on MCA's computer system.

Exhibit 4.

21. On August 16, 2016, Baird scheduled a meeting with Ms. Turner to occur on

August 25, 2016, to address his responsibilities as Treasurer. Exhibit 5.

22. On August 25, 2016, Ms. Turner also gave Baird and the MCA Board a copy of a

Draft Audit ofMCA's financial statements prepared by McCrady Hess & Associates, CPAs.

Exhibit 6.

23. After reviewing the audit, Baird, along with the entire MCA Board, voted to

approve the financial statements and the independent auditors report thereon.

24. Baird never expressed any concerns with the auditor's report or methodology.

25. On August 30, 2016, Baird wrote to Ms. Turner asking for the location ofMCA's

financial accounting records, and the login information for MCAs Amazon account through

which it purchased supplies and other items. Exhibit 7.

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26. The very next day, Ms. Turner provided the information and Amazon login

credentials Baird requested. Exhibit 8.

27. On September 2, 2016, I sent an email to the MCA Board, including Baird,

regarding an upcoming Board meeting wherein we were to discuss MCA's Financial Oversight

Committee. Exhibit 9.

28. On September 5, 2016, Baird provided the MCA Board with a copy ofhis

Treasurer's Report, which did not contain any criticism of MCA's financial procedures or

management. Exhibit 10.

29. On September 6, 2016, the MCA Board held a public meeting to discuss the

Financial Oversight Committee. Exhibit 11.

30. Thereafter, MCA solicited public input and volunteers to participate in the

Financial Oversight Committee. Exhibit 12.

31. Baird continued to review MCA's finances, and received from Ms. Turner

documentation related to MCA's purchases from Amazon. Exhibit 13.

32. On October 2, 2016, Baird continued pursuing his duties related to the Finance

Oversight Committee as well and preparing to discuss that issue at the next MCA Board

meeting. Exhibit 14. Baird did so without any resistance from the MCA Board.

33. Baird resigned on October 6, 2016. Exhibit 15.

34. At no time did Baird express any concern that the Principal or any MCA staff

member engaged in any financial impropriety, or that MCA had been operating in violation of

its Charter, policies and procedures, or the law.

35. Thereafter, David Bolduc was elected to replace Baird on the MCA Board as

Treasurer, and remains in that position today.

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36. At no time has Mr. Bolduc expressed any concern that the Principal or any staff

member was engaged in financial impropriety, or that MCA had been operating in violation of

its Charter, policies and procedures, or the law.

37. Thereafter, I continued to interact with Baird, his wife, and his children who

attended MCA.

38. In my communications with the Baird family, they expressed no concerns over

the financial operation of MCA or how the Baird children were treated by staff or Principal

Hull.

39. In January 2018, Baird's child informed Principal Hull in writing that she decided

to withdraw from MCA.

40. Baird's child thanked Principal Hull for what he had done for her while at MCA.

41. On February 16, 2018, Baird thanked Principal Hull for all his efforts, and stated

that Principal Hull is "one of the very few people that [the Baird family] are willing to entrust

[their] children's formation to." Baird continued: "That is one of the highest compliments I can

pay anyone." Exhibit 171.

42. A few months later, in May 2018, Baird communicated with Principal Hull about

whether his children who were being homeschooled could participate in MCA sports. Exhibit

18.

43. Baird disagreed with MCA's attorney's legal opinion that his home-schooled

children could not participate in MCA sports. Exhibit 18.

Exhibit 16 was intentionally omitted.

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44. Baird, around the same time, apologized to Mr. FIull for his aggressive behavior at

a meeting, explaining that he has "a terrible tendency to become combative when faced with

differing views and opinions." Exhibit 17.

45. After 13aird's unsuccessful attempt to enroll his home-schooled children in MCA

sports, Baird, without warning, filed the FDOE Complaint. Exhibit 19.

46. The FDOE responded that it had no jurisdiction to address the matters raised in

Baird complaint, and the FDOE transferred the matter to the District. Exhibit 19.

47. The FDOE Complaint is riddled with material misrepresentations of fact.

48. For example, Baird stated "

...Mr. Hull is in charge ofmanaging a several million-

dollar budget of government money without any oversight and is not held accountable to anyone

.." Exhibit l9, p. 2.

(a) This statement is untrue. The MCA Board provided direct oversight of the

Principal.

(b) Further, MCA's outside auditors reviewed the school's finances annually,

finding no impropriety, a fact Baird was aware of as Treasurer.

49. "Mrs. Lichter... blocked my efforts to form a Financial Oversight committee. This

was done at Mr. Hull's request." Exhibit 19, p. 3.

(a) This statement is also untrue. I specifically, in direct communications

with Baird, encouraged the formation of the Financial Oversight

Committee, and at no time did Principal Hull ask or suggest that I do

otherwise.

50. "

... Mr. Hull had called Mrs. Lichter ... to block the formation ofthe committee

and they did." Exhibit 19, p. 4.

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(a) This statement is false.

51. "Mrs. Lichter...

went so far as to block the Treasurer's [i.e. Baird] access to the

information that was requested in the routine and normal duties of a Treasurer." Id.

(a) This statement is false. No one blocked Baird's access to information he

requested, and Baird was given access to all information he needed to

perform his duties as the Treasurer.

52. "Mrs. Lichter... [was] taking ... voting instructions from Mr. Hull. He is the one

who is really running the board." Exhibit 19, p. 5

(a) This statement is false. I have never taken voting instructions from

Principal Hull, and he did not run the MCA Board.

53. "[Mrs. Lichter] is fully aware of the manner in which Mr. Hull blocked my access

to some employee expense reports and did nothing about it." Exhibit 19, p. 6.

(a) This statement is false. As discussed herein, Baird had access to all

financial information on the Google Drive which included employee

expense reports.

54. Baird alleged that MCA engaged in Sunshine Law violations, stating that "Mr. Hull

is the conduit by which board members communicate with each other regarding school business

in private and outside ofpublic board meetings." Id.

(a) This is false. Principal Hull was not a conduit through which I or other

MCA Board members carried out school business in private.

55. Baird also alleged in his FDOE Complaint that MCA abused his children, which he

also made available to the public on Facebook2, stating that "[i]ri January 2018, we withdrew our

2 See Exhibit 26.

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daughter who was a senior at MCA. The primary reason we withdrew her was because we thought

Mr. Hull was taking the school in the wrong direction, and we were continually hearing reports

from our children about Mr. Hull yelling at students, bringing the senior class to tears on a regular

basis, calling teachers incompetent in front of the class, threatening teachers with their jobs etc. It

was clear that Mr. Hull's behavior was taking a severe toll on my daughter, so we withdrew her

from the school." Exhibit 19, p. 9.

56. Similarly, Baird stated in an attachment to a Facebook post and to Hillsdale that

"[m]y eldest daughter who is now in college has been diagnosed with PTSD arising from trauma

sustained during her time at MCA. Her trauma was primarily the result ofhaving witnessed abuse

of students and teachers on a regular basis. Now that she is in college, she finds herselfjumpy and

anxious because she is afraid that at any moment David Hull will open the door and come into the

classroom to start yelling at the teacher or the class, or what was worse, engage in what she could

only describe as 'quiet harassmentof them all." Exhibit 20, p. 19.3

(a) These statements are false. I personally addressed the withdrawal of

Baird's children frorn MCA with Baird and his wife. Their explanation

was consistent with their daughter's explanation in her email. Indeed,

Baird's explanation to Hillsdale of the reason for withdrawing his

daughter from MCA is contradicted by his own prior emails.

(b) Baird, approximately one month after his daughter withdrew frorn MCA,

wrote to Principal Hull reiterating what his wife had said in the past about

Principal Hull: "you are one of the very few people that we are willing to

3 See Exhibit 26 which is a Facebook post and attachment thereto which is an unredaeted versions of the Email andattachment to Hillsdale.

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entrust our children's formation to. That is one of the lUghest

compliments I can pay anyone." Exhibit 17.

(c) Baird went on to apologize to Mr. Hull for his aggressive behavior at a

meeting, explaining that he has "a terrible tendency to become combative

when faced with differing views and opinions." Exhibit 17.

57. Baird also alleged that MCA illegally held Board meetings stating that "[p]hysical

presence is a requirement for establishing a quorum." Exhibit 20, p. 13.

(a) This is false. MCA's Bylaws specifically provide that a Board member's

participation by means of communication equipment "is deemed to be

present in person at the meeting." Bylaws, Para. No. 4.15.

58. Baird also threatened Mr. Steer in an attempt to persuade him to support Baird's

claim that MCA falsified its response to Baird's Public Records Request. Mr. Steer refused to

support Baird's false narrative. Exhibit 21.

59. Baird also took to spreading these same and other false statements to Hillsdale and

parents of MCA students.

60. On November 8, 2018, Baird contacted Hillsdale as he was aware of MCA's

business relationship with Hillsdale as a former MCA Board Member. Exhibit 22.

61. Baird shared with Hillsdale his manifesto titled "What's Wrong with MCA?"

62. The rnanifesto is riddled with false statements of material fact just as the FDOE

Complaint was.

63. For example, Baird in Paragraph No. 1 on the first page that I, as the Board

President, "allowed [Principal Hull] to obstruct [Baird's] access to expense reports."4

This entire list of 1-5 from Baird's FDOE Compliant is false.

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(a) This statement is false. Baird was not blocked from viewing expense

reports, and in fact no one asked me to block such access.

64. Baird adds to his list offalse statements from the FDOE Complaint false statements

such as MCA destroyed public records "with intent to cover up dubious business practiceand

[fialsification of documents with intent to cover up the cover up." Exhibit 22. This is a reference

to Baird's theory that MCA provided false documents in response to his public records request for

MCA's Google Drive documents.

(a) This is false. MCA did not destroy public records in response to Baird's

public records request and did not falsify documents in a coverup.

65. Baird pressured Hillsdale and the District5 as a means to stir parents into a frenzy

over Baird's prediction that MCA would close unless Principal Hull and MCA Board members,

including myself, would resign.

66. On November 8, 2018, Baird used Facebook to share with parents the same

manifesto he shared with Hillsdale. Exhibit 23.

67. In this Facebook post, Baird asserted that MCA's wrongdoing amounts to felony

violations, and it's a "numbers game' in trying to accomplish his goals.

68. On June 6, 2019, Baird shared the Fishbane Report with MCA parents, and stated

that he "hope[s] that Kelly Lichter, Laura Miller and David Hull will give serious thought to

resigning." Exhibit 24.

69. On June 9, 2019, via Facebook, Baird further weaponized the rift he created in the

Hillsdale/MCA relationship to strike fear in the hearts of parents that MCA will close if MCA

5 Through public records requests it was discovered that Baird had over 100 ernails with Mr. Fishbane.

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Board Members do not resign, and that ifMCA did not mend its relationship with Hillsdale, MCA

would lose its charter. Exhibit 25.

70. On June 12, 2019, Baird reposted his manifesto on Facebook. Exhibit 26.

71. On June 13, 2019, Baird posted again on Facebook claiming that MCA fabricated

a public records response to him. Exhibit 27.

72. On June 14, 2019, Baird again, through Facebook, told MCA parents that MCA

had rernoved documents from the Google Drive after he allegedly caught MCA tampering with

records. Exhibit 28.

(a) Again, MCA never removed documents or destroyed records as a coverup

to avoid non-existent fraud that Baird purportedly exposed.

73. On June 19, 2019, Baird stated on Facebook to MCA parents that "Mason Classical

Academy will not exist much longer with the current administration in place." Exhibit 29.

74. In this post, Baird revealed his intention to use the false controversy he stirred to

have Hillsdale, the District, and the MCA studentsparents to ``pressure the current administration

to step down. If the current administration does not step down, I believe Mr. Fishbane and CCPS

will have no other Option then [sic] to close the school. Their hands will be tied."

75. Baird succeeded in harming MCA's relationship with Hillsdale to the point that

Hillsdale terminatea the relationship in violation of the covenant of good faith and fair dealing.

76. Hillsdale did no investigation of its own but rather relied on Baird's false statements

which were given an imprimatur of truth when those same false allegations were accepted by the

District and Mr. Fishbane.

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77. Furthermore, the District violated the Charter with MCA when it undertook a year-

long unofficial investigation which was not approved at any public meeting ofthe District without

providing any notice to MCA or opportunity for cure ofBaird's alleged violations.

78. But Baird was not satisfied with the harm he caused.

79. Ultimately, when the District decided to settle the dispute with MCA, Baird

implored the District to reject the mediated settlement agreement. Exhibit 20.

80. Baird's efforts to force the resignation ofPrincipal Hull (which Hull ultimately did)

and other Board Members is shocking particularly in light of the fact that the Baird family moved

to South Carolina.

FURTHER AFFIANT SAYETH NOT.,' •

KeU Lielver

SWORN TO AND SUBSCRIBED before me by means of 0/physical presence or 0online notarization, this day ofFebruary, 2020, by Kelly Lichter, who 0 is personallyknown to me or 0 has produced the following identification:

...... _ ,....,

(11 .`

Notary Public State of Florida

.4' V 2; Jack A Fifield

My CornMiSSiori GG 141349

apifes OB/05/2021

NOTARY PUBLIC I.. 1."

Name: ,...3,-, i- C-C.,.,''My Commission Expires: '-'1 i 5

,,,,,,,,,,,,,,,,4

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filing e-filed 02/12/2020 pm€¦ · exhibit 18. 43. baird disagreed with mca's...

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