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SUPREME COURT OF APPEALS OF WEST VIRGINIA Supreme Court Docket No. 33922 NORMAN ALDERMAN, Appellee, v BOARD OF EDUCATION OF THE COUNTY OF POCAHONTAS, “Appellant APPELLANT'S BRIEF Submitted by: Howard E. Seufer, Jr, (State Bar LD. 3342) Gregory W. Bailey (State Bar LD. 206) BOWLES RICE McDAVID GRAFF & LOVE LLP 7000 Hampton Center, Suite K Morgantown, West Virginia 26505 (304) 285-2500 aaa RORY L, PERRY ff, CLERK ‘SUPREME COURT OF APPEALS OF WEST VIRIGINIA TABLE OF CONTENTS Table of Authorities...... 1. KIND OF PROCEEDING AND NATURE OF RULING BELOW........ Il. STATEMENT OF FACTS Ul, ARGUME) = le A. The Circuit Court erred by failing to afford meaningfal attention to the Findings of Fact rendered by the Administrative Law Judge, and this failure amounted to reversible EMOT ars B. The Circuit Court erred by concluding that the Appellec's unsubstantiated claims of wrongdoing and immorality on the part of school officials, made in the context of his resistance to a recommended transfer, were matters of public concer, ely: C, The Circuit Court ered by concluding that the Appellee's conduct at the transfer hearing did not interfere with the Board's ability to provide effective services to the public. eo) D. The Circuit Court erred by concluding that the Board did not prove the Appellee was insubordinate when he engaged in a premeditated, malicious attack on Board members and Administrators. seed E, The Circuit Court erred by concluding that the Appellee's punishment should have been mitigated... enn 23 IV. CONCLUSION. 25 ‘ABLE OF AUTHORITIES Cases Connick v. Myers, 461 U.S. 138, 147-48 (1983)... svete 13,17 1819 Gareetti v. Caballos, 547 U.S. 410 (2006). ees 19 Golden v. Harrison County Board of Education, 169 W. Va. 63, 285 S.E.2d 665 (1981)... 14 Graham v. Putnam County Board of Education, 212 W. Va. 524, 530 575 8.B.2d 134, 140 (2002)...nercsennenanennennnnannnsneees 2 Kanawha County Board of Bducation v. Sloan, 219 W. Va, 213, 632 S.B.2d 899 (2006)... Maxey v. McDowell County Board of Education, 212, W. Va, 668, 575 S.E.2d 278 (2002)... = 22 ‘Morris v. Crow, 117 F.3d 449 (11th Cir. 1997] Pickering v. Board of Education, 391 U.S. 563 (1968) Quinn v. West Virginia Norther Community College, 197 W. Va. 313, 475 S.E.2d 405 (1996)... seennneenees 13 Rovellov. Lewis County Board of Education, 181 W. Va. 122, 381 S.B.2d 237 (1989). Statutes ‘West Virginia Code Section 18A-2-8(a).. Rules W. Va. CSR. 126-162-1 et seq. (Policy 5902)..