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Sarasota County Schools
THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA Landings Administrative Complex 1980 Landings Blvd. 6:30 p.m.
February 7, 2017 Board Meeting
Agenda Item #33


Title
ENTRY OF FINAL ORDER - SCHOOL BOARD V. CONOVER

Description
The School Board must enter a Final Order in the case of Board v. Conover. Administrative Law Judge Lynne Quimby-Pennock entered a Recommended Order recommending that Ms. Conover's employment be terminated. Subsequently, Ms. Conover has filed exceptions to the Recommended Order.  The Board will hear argument from the parties and must then enter a Final Order.

Recommendation

That the School Board enter a Final Order (1) adopting the findings and conclusions of the Recommended Order and entering a Final Order terminating Judy Conover's employment, and (2) overruling the exceptions filed by Ms. Conover as they do not provide appropriate and specific citations to the record.  Additionally, the exceptions are overruled specifically for the following reasons:

Exception 1 does not accurately state the law and there is competent, substantial evidence to support the findings of the Administrative Law Judge;

Exception 2 is duplicative of Exception 1 and is overruled for the same reasons;

Exception 3, there is competent, substantial evidence to support the findings of the Administrative Law Judge;

Exception 4, there is competent, substantial evidence to support the findings of the Administrative Law Judge and her conclusions of law are reasonable;

Exception 5, there is competent, substantial evidence to support the findings of the Administrative Law Judge;

Exception 6, the statement of the Administrative Law Judge in note 5 is not clearly erroneous, the Court took judicial notice of Respondent's exhibit, and, in any event, it is not essential to the Court's ruling and, therefore, any error is harmless;

Exception 7, the evidentiary rulings of the Administrative Law Judge were within her discretion and did not depart of the essential requirements of law;

Exception 8, there is competent, substantial evidence to support the findings of the Administrative Law Judge and the Recommended Order accurately states the law;

Exception 9, there is competent, substantial evidence to support the findings of the Administrative Law Judge;

Exception 10, there is competent, substantial evidence to support the findings of the Administrative Law Judge;

Exception 11, there is competent, substantial evidence to support the findings of the Administrative Law Judge;

Exception 12, is duplicative of previous exceptions and there is competent, substantial evidence to support the findings of the Administrative Law Judge and her legal conclusions are reasonable;

Exception 13, misstates the law, and the Administrative Law Judge's conclusions of law were reasonable and supported by competent, substantial evidence; and

Exception 14, is duplicative of the previous exception and there is competent, substantial evidence to support the findings of the Administrative Law Judge and her legal conclusions are reasonable. Moreover to the extent any of the evidentiary rulings of the Administrative Law Judge could be considered erroneous, any error was harmless.

 



Contact
HARDY

Financial Impact
N/A


Attachment:  2017-01-05 Recommended Order.pdf
Attachment:  Resp. Exceptions.pdf