Only Jackson, who was out of town during the first meeting, missed the initial vote.
Marple is requesting an opportunity to confront her accusers and rebut the charges in a court hearing with legal counsel present.
Marple's firing was illegally tallied and spearheaded by Linger, who verbalized vague, insufficient reasons for her termination following an executive session, the lawsuit claims.
"All of the reasons, pontifications, statistical reports and verbiage recited by Linger and 'adopted' by a majority of the board members as they relate to [Marple] were false, had no relationship to her tenure as superintendent . . . to advance an agenda," the lawsuit claims.
In addition, West Virginia public policy requires that all contracts be dealt with in good faith and with fairness free of arbitrary, capricious or despotic action, which was violated in Marple's case, according to the lawsuit.
Marple is requesting a "full airing of the issues" in court, in addition to compensatory and punitive damages.
Barber said that in Gov. Earl Ray Tomblin's education-driven State of the State address earlier this week, an important piece was left out. Marple, he said, was working on all the areas of need in the public school system when she was abruptly ousted.
"She addressed each and every facet of the proposal, including the audit, when Linger and his allies dumped her after plotting to do so in secret for months," Barber said Friday. "Linger complained that he is 'just a businessman,' and he approached the firing of Dr. Marple as a businessman. Then he complained that he can understand how many people don't want to serve in government.
"Well, if his business practices promote secret deals and hidden agendas to vilify dedicated leaders," Barber said, "he is correct that it has no place in the public light."
Reach Mackenzie Mays at mackenzie.m...@wvgazette.com or 304-348-4814.