A circuit judge ruled on Feb. 10 that Brevard School Board Chair Matt Susin took an “unreasonable” amount of time in turning over texts and phone calls requested by then-fellow school board member Jennifer Jenkins as part of a public records request.
Judge Scott Blaue ruled in favor of Jenkins on three and a half of the six counts filed against Susin.
The ruling, however, doesn’t quite bring to an end the nearly four-year legal battle to compel Susin to release texts and phone calls made in relation to board business. Blaue rejected Susin’s claims that personal cell phone logs are never public records.
“Ms. Jenkins will be appealing the court’s failure to order Susin to turn over his phone logs because, subject to appropriate redactions, every citizen is entitled to a copy of the original public record ― not the official’s version of the public record,” said Jenkins’ attorney, Jessica Travis.
Travis will also be litigating the amount of attorney’s fees the county will be paying her.
Lawsuit spans nearly four years
Jenkins filed the lawsuit against Susin and Brevard’s school board nearly three years ago in March 2023, alleging that he had withheld certain public records the previous year, specifically those in relation to a claim made by Susin and Congressman Randy Fine about a transgender middle schooler raping another student at Johnson Middle School. The claim, Melbourne Police Department said, was unfounded.
As the lawsuit has dragged on, Susin and the board have made multiple attempts to dismiss the lawsuit in part or as a whole, though none was ever granted. A little more than a year into the case, Jenkins’ attorney filed a motion to disqualify Judge Michelle Naberhaus, alleging that the court had connections with Fine’s attorney and that there was an “appearance of bias.” Naberhaus recused herself, and the case was reassigned to Curt Jacobus on May 8, 2024, then Scott Blaue two days later.
In the final ruling, Blaue wrote as to Jenkins’ request of all phone call logs between Susin and then-state legislator Randy Fine, as well as her request of a record of calls and texts between Susin and then-FLORIDA TODAY education reporter Bailey Gallion: “Based on these findings, the Court concludes that delay of 222 business days (326 calendar days) amounts to an unreasonable delay in responding to this public records request.”
The judge ruled similarly as per Jenkins’ request for all emails, texts and phone call logs between Susin and the Brevard County Sheriff’s Office, citing the 176 business days (270 calendar days) it took Susin to comply.
Fine hides behind desk
A major point of contention throughout the lawsuit has been Susin’s communications with Fine ― and Jenkins’ efforts to get Fine to testify.
In December 2023, a video taken Oct. 30 of the same year circulated on social media showing Fine hiding behind a desk in his Palm Bay office. Online commenters said it was an effort to evade a subpoena ― something Jenkins’ lawyer, Jessica Travis, confirmed in a court filing ― though Fine has denied dodging the subpoena and said he was following safety protocols.
The video, shot on a cell phone by a private investigator hired by Jenkins’ lawyer, appears to show Fine ducking behind his desk with the lights off while the investigator knocks on the window.
At the end of 2023, while the video was circulating online, Naberhaus flip-flopped on a decision to bar Jenkins from forcing Fine to testify in the lawsuit due to problems with Jenkins’ complaints, though ultimately, Jenkins was allowed to proceed.
Efforts to depose him had previously been tossed, with Naberhaus saying the problems with Jenkins’ complaint “create a legitimate issue as to the permissibility, breadth and scope of discovery.”
Tobia’s involvement
The lawsuit alleged that public records were withheld in relation to communication between Susin and then-County Commissioner member John Tobia.
The allegation came after a redistricting effort by the board that moved Jenkins and fellow board member Katye Campbell out of their districts, making them unable to seek reelection for their previous seats. Tobia became involved in the process when he proposed, and the Brevard County Commission approved, transfering $32,072 in American Rescue Plan Act funds from his ARPA account to the Brevard County Supervisor of Elections Office to cover some of the costs resulting from the board’s redistricting efforts. Tobia said he wanted the Brevard County Commission and school board districts to align to avoid confusion for residents.
Christopher Davis, Tobia’s administrative aide from March to June 2023, was deposed in early 2024 and testified that Susin and Tobia both withheld records before responding to records requests from Jenkins in summer of 2023, though both Susin and Tobia denied the allegation. Davis also alleged that texts from both men included misogynistic comments toward Jenkins and that those had been withheld from public records requests.
Tobia told FLORIDA TODAY the allegations were “completely fabricated” and that the records he provided were “complete, exhaustive and accurate” and that he had not withheld any public records.
Finch Walker is the education reporter at FLORIDA TODAY. Contact Walker at fwalker@floridatoday.com. X: @_finchwalker. Instagram: @finchwalker_.
This article originally appeared on Florida Today: Nearly 4 years into public records lawsuit, judge rules in Jenkins’ favor
Reporting by Finch Walker and John A. Torres, Florida Today / Florida Today
USA TODAY Network via Reuters Connect
