Documents in support of Holbrook released

FRANKFORT — Documents submitted to the Kentucky Educational Professional Standards Board in support of Robertson County Superintendent Sanford Holbrook have been released.

Some of the documents include a letter from the Robertson County School Board, affidavits, and a motion to reconsider and modify the disciplinary action against Holbrook.

Holbrook’s attorney, Regina A. Jackson, wrote a motion to reconsider and modify to EPSB regarding the agreed order Holbrook entered that stated he would be suspended from superintendent responsibilities for six months.

In the motion, Jackson requested on Holbrook’s behalf that EPSB consider postponing the implementation of the six-month suspension of his superintendent certification. The postponed date requested was listed as July 1, 2025.

The motion noted Holbrook entered into the agreed order as a result of ethics violation allegations related to incidents that occurred during a primary election held in 2018.

“At the time he entered into the Agreed Order, he was seeking to resolve the issues that had been pending since 2019 so he could bring closure to the matter and turn his full attention to the need of the Robertson County School District (the “District”),” Jackson wrote in the motion. “He failed, however, to consider the hardship the timing of his suspension would create for the District.”

Jackson listed several duties fulfilled by Holbrook in his role at RCS that would be affected by the suspension. The list on the motion included the federal programs director, facilities director, first substitute bus driver, and assistant principal.

“Finding a replacement acting superintendent who would be willing to move to a rural county with no economic growth and quickly get up to speed with the District’s many needs and challenges will be extremely difficult for the Board, and finding one who could begin on June 1 of this year is even more daunting,” the motion read.

According to the motion, Jackson mentioned Aaron Massey, the assistant superintendent of RCS.

Jackson noted Massey has a temporary provisional superintendent certificate but said he cannot “realistically” add Holbrook’s responsibilities to his own. She said Massey’s wife and daughter also work for the district as certified teachers.

In the motion, Jackson suggested Holbrook’s absence from June 1, 2024 to Nov. 30, 2024 would create a “hardship” for the district because of current projects underway that Holbrook is the “sole contact.”

She noted a safety plan Holbrook that was put in place following an incident involving the Robertson County Sheriff. According to the motion, Jackson said Holbrook’s continued attention to the plans and projects is “crucial.”

Jackson added that Holbrook completed a course on legal and ethical issues for his educational doctorate in August 2023.

“He is not attempting to change the obligations to which he agreed,” the motion read. Jackson noted Holbrook was requesting his suspension be delayed until July 1, 2025.

In the motion, Jackson noted Holbrook’s understanding that, if his request were granted, he would not be eligible to obtain a new contract with any school board until Jan. 1, 2026.

“The events giving rise to this matter occurred in 2018, and this administrative action has been pending since 2020. No harm will occur in delaying the suspension of Superintendent Holbrook’s superintendent certificate until the end of the 2024-2025 school year. More importantly, a delay will safeguard the District’s needs and the welfare of its students,” the motion read.

In response to the motion, BreAnna Listermann, an attorney for EPSB, requested the agreed order be upheld on behalf of the entity. She listed a procedural history relating to the case based on the allegations.

Listermann first noted EPSB received an investigation by the Attorney General’s Office from Bryan Jones, an investigation manager for the Office of Education Accountability, regarding “possible ethical misconduct.”

The history specified the allegations that Holbrook used his position as superintendent to “transport students to the polls, advise students on which party to register with, and then influence student’s votes for particular candidates.”

After EPSB notified Holbrook of the allegations and received a rebuttal, they reviewed the information and determined the alleged conduct would “warrant sanctions.”

On April 19, 2022, Robertson County Board of Education Chairman Dr. John T. Burns submitted a letter of support on behalf of the board in favor of Holbrook, according to the response.

In his letter, Burns said he was writing to express the board’s “strong” support of Holbrook.

“We do not offer this support lightly, and our decision to do so has come after much debate and discussion weighing the gravity of the allegations in the case against the profound impact that Mr. Holbrook’s absence from our school would have on our students,” Burns wrote.

He noted the board was “deeply troubled” by the allegations against Holbrook and said the board would be “shocked” and “deeply disappointed” if they were true.

Burns went on to discuss the board’s reasoning for offering support to Holbrook at that time.

According to the letter, Holbrook began working at RCS in 2015, when the school was in “dire straits.” Before he was hired, the district had a turnover rate of three superintendents in three years.

“Mr. Holbrook has brought stability and dramatic academic improvement to our district. In doing so, he has restored and raised community pride in the school, which is vital in an economically disadvantaged county like ours,” Burns wrote.

In his letter, Burns reiterated the motion in saying the board believes no other person could take Holbrook’s place as superintendent without “jeopardizing” the district’s “continued progress.”

Burns then asked EPSB, if they were to take disciplinary action against Holbrook, they do so in a way that would “minimize” negative impacts to the school and students.

According to the procedural history, EPSB reviewed this letter at the June 2022 board meeting.

On July 11, 2022, EPSB reviewed and approved the charges against Holbrook that recommended a two-year suspension, training, and a probation period, according to the procedural history.

On July 12, 2023, EPSB received a signed agreed order. The board consented to hold the agreed order until Dec. 11, 2023, in a meeting in August 2023, according to the procedural history.

The procedural history noted this decision was made based on the letter from RCSB.

On Nov. 15, 2023, Holbrook requested another “abeyance” through counsel due to the “impact it would have on the district.”

According to the document, the board reviewed the request and declined to continue the abeyance on Dec. 11, 2023.

The agreed order where Holbrook “acknowledged he violated” a professional code of ethics by advising students how to register and suggesting who they vote for was approved on Dec. 11, 2023.

Listermann listed an argument for the motion in the entity’s response. The entity recognized its ability to reconsider, modify, or reverse its decision on disciplinary action with “exceptional circumstances.”

“The “exceptional circumstances” argued by Respondent’s motion was that he failed to consider the consequences of his Agreed Order for the district. This is inaccurate,” Listermann wrote.

According to the document, Holbrook requested repeated abeyances regarding his suspension “due to the difficulty it would cause the district.” Listermann noted the agreed order was not presented and approved until a few months after it was submitted “as a courtesy to the district.”

“Moreoever, the suspension that respondent negotiated with EPSB Staff was set to begin on June 1, 2024, at the request of Respondent, rather than immediately, again for the convenience of the district,” the response read. “It is Respondent’s prerogative and obligation to consider all possible consequences of a legally binding agreement before signing it and accepting it. Moreover, it appears that Respondent was aware that his absence would have an impact on the district, because he repeatedly requested delays in the finalization of the agreement he made with the EPSB.”

According to the response, EPSB records showed an additional candidate in Robertson County School District for the superintendent position apart from Massey. The document named Holly Linville as the individual.

“As Respondent points out, this case was pending for a significant period of time, which Respondent purported to be for the purpose of preparing his replacement and limiting the disruption to the district,” Listermann wrote.

According to the response, EPSB did not reconsider the agreed order based on the reasons listed above.

In response to EPSB’s response to the motion, Jackson claimed the entity was unclear in their “exceptional circumstances” standard. She said the section contains the procedure to reconsider a decision but does not mention “exceptional circumstances.”

According to Jackson’s response, the section states a motion may include any evidence that circumstances have changed since the disciplinary action was taken.

Evidence could show the educator has been rehabilitated for past actions or other relevant facts. According to the document, evidence could include sworn affidavits, court or medical records, and letters of support.

“Based on this standard, it appears the Board has wide discretion in deciding whether to grant a motion to reconsider and modify a previous order,” Jackson wrote. She noted Holbrook’s completion of a legal and ethical issues course in 2023.

In response to EPSB saying there was another candidate for superintendent in the district, Jackson said Linville has not “physically worked” in the district since June of 2021.

Since 2021, Linville has been on a Memorandum of Agreement with the Kentucky Department of Education and was requested to continue to serve for the 2024-2025 school year, according to Jackson’s response.

The response noted the requested delay would “safeguard” the district’s needs and allow an “orderly transition” to a new superintendent. Jackson said Holbrook was willing to extend his suspension to one year if EPSB granted the delay.

No further responses from EPSB were obtained.

Jackson attached affidavits to the motion that she believed would “warrant a delay of Superintendent Holbrook’s suspension.”

In an affidavit of Holbrook, he reiterated the statements in previous documents regarding the difficulty in placing Massey in his role. He also listed the certificates, awards, and achievements he has obtained since receiving his superintendent certification in 2012.

Holbrook also recalled actions he took in the district when he first accepted the role as superintendent, including mention of the district going from 168th to seventh in the state accountability system and its removal from state assistance.

In an affidavit of Burns, he listed several of the same topics discussed in the previous documents. He also listed monthly activities held at the school at the hand of Holbrook, including Breakfast with the Superintendent.

Burns noted Holbrook’s actions in situations involving the Robertson County Sheriff and performing the Heimlich Maneuver on a foster grandparent in the district, Joanna Dotson.

Both of the affidavits have similar remarks in expressing concern regarding the district’s progress when Holbrook’s suspension begins. They noted the difficulty in finding someone to fill his role.

“The Board simply cannot put an acting superintendent in place for six months beginning June 1, 2024 who can sufficiently address the District’s many needs without jeopardizing the welfare of its students and its programs,” the affidavit of Burns read.

Holbrook’s suspension begins on June 1, 2024, and will last for six months. Currently, no individual has officially been chosen to perform Holbrook’s duties during that period.

To view the affidavits and letter described above, please go to https://publuu.com/flip-book/472195/1061531