Special Board Meeting - Aug 05 2025

Special Board Meeting - Aug 05 2025. Location: Landings Administrative Complex 1980 Landings Blvd.. Time: 09:00 AM. Agenda: Special Board Meeting - Aug 05 2025 - Agenda - Html THE SCHOOL BOARD OF SARASOTA COUNTY,FLORIDA Landings Administrative Complex 1980 Landings Blvd. Special Board Meeting Tuesday, August 5, 2025 9:00 AM A. Call to Order 1. ENTRY OF A RULING REGARDING EACH WRITTEN EXCEPTION SUBMITTED BY ATTORNEY ROB ROBINSON, ESQ. TO THE RECOMMENDED ORDER ISSUED BY ADMINISTRATIVE LAW JUDGE LINZIE F. BOGAN ON JUNE 4, 2025 IN THE MATTER OF SARASOTA COUNTY SCHOOL BOARD VS. JOHNATHAN GARMON, STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CASE NO. 24-4672TTS, PURSUANT TO FLORIDA STATUTE 120.57(1)(K), FOLLOWED BY ENTRY OF A RULING REGARDING WHETHER TO ADOPT THE RECOMMENDED ORDER IN THE SAME MATTER, SUBJECT TO THE ACCEPTANCE OF ANY EXCEPTIONS AND INCLUDING THE ABILITY TO ADOPT, REJECT, OR MODIFY ANY FINDINGS OF FACT, CONCLUSIONS OF LAW, OR THE RECOMMENDED DISPOSITION CONTAINED IN SAID RECOMMENDED ORDER FOLLOWING THE BOARD’S RULING ON THE WRITTEN EXCEPTIONS, PURSUANT TO FLORIDA STATUTE 120.57(1)(L) DESCRIPTION This case involves the termination of an employee’s employment. The employee is Johnathan Garmon. An evidentiary hearing was conducted on April 8, 2025. Following the evidentiary hearing, Johnathan Garmon resigned and his resignation was accepted by the Board. As a result, Johnathan Garmon is no longer an employee. Following the evidentiary hearing, Administrative Law Judge Linzie F. Bogan entered a Recommended Order recommending that the School Board enter a Final Order: (1) dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated, and (2) re-instating Johnathan Garmon to his pre-disciplinary employment position. Rob Robinson, Esq represented the school district at the evidentiary hearing and following receipt of the Recommended Order submitted four (4) written exceptions to the Recommended Order – each of which the Board will need to address individually. These include: • An exception to the findings of fact contained at Paragraph 25 of the Recommended Order; • An exception to the conclusions of law contained at Paragraph 36 of the Recommended Order; • An exception to the conclusions of law contained at Paragraph 38 of the Recommended Order; and • An exception to the recommendation that the School Board enter a Final Order: (1) dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated, and (2) re-instating Johnathan Garmon to his pre-disciplinary employment position. The School Board must now rule on each written exception pursuant to FS 120.57(1)(k). Each party is entitled to be heard regarding the written exceptions, including the determination to adopt, reject, or modify the recommendation that the School Board enter a Final Order dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated and re-instating Johnathan Garmon to his pre-disciplinary employment position. RECOMMENDATION Regarding ruling on the written exceptions to the Recommended Order, the Board must: (1) Evaluate the merits of each exception after reviewing the record as a whole and the Recommended Order. (2) Afford each party the opportunity to be heard regarding each exception. (3) Consider whether the findings of fact at Paragraph 25 of the Recommended Order that are subject to the exception are supported by competent substantial evidence based on a review of the entire record and whether the proceeding from which these factual findings were based complied with the essential requirements of law. The Board may reject or modify these findings of fact if it first determines from a review of the entire record that the findings of fact were not based on competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. If the Board rejects or modifies the recommended findings of fact contained at Paragraph 25 of the Recommended Order, the Board must state with particularity its reasons for rejecting or modifying them. (4) Consider whether the conclusions of law at Paragraph 36 of the Recommended Order that are subject to the exception are reasonable. The Board may only reject or modify them if after reviewing the entire record as a whole, the Board determines that substituted conclusions of law are as or more reasonable that what was recommended. If the Board rejects or modifies the recommended conclusions of law contained at Paragraph 36 of the Recommended Order, the Board must state with particularity its reasons for rejecting or modifying them. (5) Consider whether the conclusions of law at Paragraph 38 of the Recommended Order that are subject to the exception are reasonable. The Board may only reject or modify them if after reviewing the entire record as a whole, the Board determines that substituted conclusions of law are as or more reasonable that what was recommended. If the Board rejects or modifies the recommended conclusions of law contained at Paragraph 38 of the Recommended Order, the Board must state with particularity its reasons for rejecting or modifying them. (6) Consider whether to adopt, reject, or modify the recommendation that the School Board enter a Final Order dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated and re-instating Johnathan Garmon to his pre-disciplinary employment position. The Board can accept this recommendation but can only reduce or increase it if it first reviews the complete record and then states with particularity its reasons by citing to the record to justify the action. (7) Rule on each exception by majority vote. (8) Authorize legal counsel to prepare a Final Order that reflects the determinations made by the Board and present it to the Board Chair thereafter for execution on behalf of the Board. B. Discussion Agenda C. Hearing of Citizens D. Adjournment Document: Special Board Meeting - Aug 05 2025 - Minutes - Html Special Board Meeting Minutes Tuesday, August 5, 2025 at 9:00 AM Landings Administrative Complex 1980 Landings Blvd. A. Call to Order 1. ENTRY OF A RULING REGARDING EACH WRITTEN EXCEPTION SUBMITTED BY ATTORNEY ROB ROBINSON, ESQ. TO THE RECOMMENDED ORDER ISSUED BY ADMINISTRATIVE LAW JUDGE LINZIE F. BOGAN ON JUNE 4, 2025 IN THE MATTER OF SARASOTA COUNTY SCHOOL BOARD VS. JOHNATHAN GARMON, STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CASE NO. 24-4672TTS, PURSUANT TO FLORIDA STATUTE 120.57(1)(K), FOLLOWED BY ENTRY OF A RULING REGARDING WHETHER TO ADOPT THE RECOMMENDED ORDER IN THE SAME MATTER, SUBJECT TO THE ACCEPTANCE OF ANY EXCEPTIONS AND INCLUDING THE ABILITY TO ADOPT, REJECT, OR MODIFY ANY FINDINGS OF FACT, CONCLUSIONS OF LAW, OR THE RECOMMENDED DISPOSITION CONTAINED IN SAID RECOMMENDED ORDER FOLLOWING THE BOARD’S RULING ON THE WRITTEN EXCEPTIONS, PURSUANT TO FLORIDA STATUTE 120.57(1)(L) DESCRIPTION This case involves the termination of an employee’s employment. The employee is Johnathan Garmon. An evidentiary hearing was conducted on April 8, 2025. Following the evidentiary hearing, Johnathan Garmon resigned and his resignation was accepted by the Board. As a result, Johnathan Garmon is no longer an employee. Following the evidentiary hearing, Administrative Law Judge Linzie F. Bogan entered a Recommended Order recommending that the School Board enter a Final Order: (1) dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated, and (2) re-instating Johnathan Garmon to his pre-disciplinary employment position. Rob Robinson, Esq represented the school district at the evidentiary hearing and following receipt of the Recommended Order submitted four (4) written exceptions to the Recommended Order – each of which the Board will need to address individually. These include:  An exception to the findings of fact contained at Paragraph 25 of the Recommended Order;  An exception to the conclusions of law contained at Paragraph 36 of the Recommended Order;  An exception to the conclusions of law contained at Paragraph 38 of the Recommended Order; and  An exception to the recommendation that the School Board enter a Final Order: (1) dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated, and (2) re-instating Johnathan Garmon to his pre-disciplinary employment position. The School Board must now rule on each written exception pursuant to FS 120.57(1)(k). Each party is entitled to be heard regarding the written exceptions, including the determination to adopt, reject, or modify the recommendation that the School Board enter a Final Order dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated and re-instating Johnathan Garmon to his pre-disciplinary employment position. RECOMMENDATION Regarding ruling on the written exceptions to the Recommended Order, the Board must: (1) Evaluate the merits of each exception after reviewing the record as a whole and the Recommended Order. (2) Afford each party the opportunity to be heard regarding each exception. (3) Consider whether the findings of fact at Paragraph 25 of the Recommended Order that are subject to the exception are supported by competent substantial evidence based on a review of the entire record and whether the proceeding from which these factual findings were based complied with the essential requirements of law. The Board may reject or modify these findings of fact if it first determines from a review of the entire record that the findings of fact were not based on competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. If the Board rejects or modifies the recommended findings of fact contained at Paragraph 25 of the Recommended Order, the Board must state with particularity its reasons for rejecting or modifying them. (4) Consider whether the conclusions of law at Paragraph 36 of the Recommended Order that are subject to the exception are reasonable. The Board may only reject or modify them if after reviewing the entire record as a whole, the Board determines that substituted conclusions of law are as or more reasonable that what was recommended. If the Board rejects or modifies the recommended conclusions of law contained at Paragraph 36 of the Recommended Order, the Board must state with particularity its reasons for rejecting or modifying them. (5) Consider whether the conclusions of law at Paragraph 38 of the Recommended Order that are subject to the exception are reasonable. The Board may only reject or modify them if after reviewing the entire record as a whole, the Board determines that substituted conclusions of law are as or more reasonable that what was recommended. If the Board rejects or modifies the recommended conclusions of law contained at Paragraph 38 of the Recommended Order, the Board must state with particularity its reasons for rejecting or modifying them. (6) Consider whether to adopt, reject, or modify the recommendation that the School Board enter a Final Order dismissing the termination of employment notice for Johnathan Garmon as unsubstantiated and re-instating Johnathan Garmon to his pre-disciplinary employment position. The Board can accept this recommendation but can only reduce or increase it if it first reviews the complete record and then states with particularity its reasons by citing to the record to justify the action. (7) Rule on each exception by majority vote. (8) Authorize legal counsel to prepare a Final Order that reflects the determinations made by the Board and present it to the Board Chair thereafter for execution on behalf of the Board. B. Discussion Agenda C. Hearing of Citizens D. Adjournment