As an alternative to regaining her position, Marple instead demands a full due process hearing in which the board will be asked to prove, "with competent, admissible evidence," that her conduct warranted dismissal, according to the letter.
"In any job that you are working for the government and you're an at-will employee, you have a liberty interest in continued government employment as long as you don't do anything wrong. And if you do something wrong, you have to have an opportunity to cross examine witnesses on that very issue right there - 'Did I do something wrong that warranted this?" Barber said. "In a nutshell, the board can do one of two things: Rehire her and pay her back her money or give her the opportunity to hear the specific reasons for her firing."
"All four of us have a whole lot of experience," Barber said.
Liza Cordeiro, spokeswoman for the Board of Education, and Victor Flanagan, the lawyer representing the board, said it would be inappropriate to comment on the matter before a complaint has officially been filed.
Meanwhile, a petition filed with the Supreme Court on behalf of the parents of a Boone County student alleges that the board violated open meeting laws by firing Marple without notice on the agenda. The board later revoted to fire Marple in an attempt to resolve any violations of the law during the first voting process.
Board members will meet in regular session next Wednesday, where they will discuss the potential of a nationwide search for a more long-term replacement for Marple.
Phares only plans to hold the position in the mean time, with a focus on tackling the governor's public education audit recommendations.
Reach Mackenzie Mays at mackenzie.m...@wvgazette.com or 304-348-4814.