cu Y FILED IN OFFICE Noy 19.201 IN THE COURT OF APPEALS STATE OF GEORGIA roe = CLERK, COURT OF es a* APPEALS Pf OVD COUNTY SCHOOL ) B28 DISTRICT ) Se = < ) 2.8 8 ) Sow = = 2s ) eon Cross-Appellant, } 8B : v. ) CIVIL ACTION . ) FILENO: A15A0402 ) GILDA DAY, ) ) ) Cross-Appellee. ) ) GILDA DAY/CROSS-APPELLEE’S RESPONSE BRIEF JULIE OINONEN Ga. State Bar No. 722018 MARIO B. WILLIAMS Ga. State Bar No. 235254 WILLIAMS OINONEN LLC 44 Broad Street Ste 200 Atlanta, Georgia 30303 PH) 404-654-0288I. PART O! INACCURACIES AND INCOMPLETENESS. c Y TABLE OF CONTENTS RESPONSE CONCERNING MATERIAL Ms. Day Responds to the Material Inaccuracy Concerning the District’s Failure to Name the Proper Party: Ms. Day Responds To The District’s Materially Inaccurate Statements That Ms. Day Lost Her Tenure Even Though The District And Their Attorney Has Admitted Multiple Occasions It Had Tenured Teachers And That Ms. Day Was Tenured: Ms. Day Objects to the Material Inaccuracy Regarding the District's Allegations Concerning the RIF and Existence of Supposed Financial Deficit 1. No Objective Evidence Was Ever Presented To Prove a Financial Deficit Existed as Required by La 2. The District Unlawfully, Arbitrarily, and Capriciously Excluded Local School Governance In Their Decision, As Such Georgia Law Demands Reversal of the Local Board’s Decision: .... Ms. Day Objects to the District’s Mischaracterization of the Fair Dismissal Act: 1, Providing Fair Dismissal and Due Process To Teachers Has Been A Bedrock Principle In Georgia For Over 100 Years:.. 2. Every School District Throughout Georgia For The Past Thirty-Nine Years (1975 to Date) Including Charter Systems For The Past Seven Years (2007 to Date) Has Been Required by Law to Adhere to the Fair Dismissal Acv ~ IL. PART TWO: ARGUMENT WITH CITATION OF AUTHORITIES IN RESPONSE TO DISTRICT’S ENUMERATIONS OF ERROR: A. 2. The Fair Responding to District’s First Enumeration of Error: Ms. Day Asserts That the Superior Court and State Board Did Not Err In Exercising Subject Matter Jurisdiction Over This Case as Ms. Day Was Entitled To Appellate Procedure as Afforded By the Fair Dismissal Act:. 1. The District’s Explicitly Written Official Policies Guaranteed Strict Adherence to the Fair Dismissal Act: . n . The District Afforded Teachers the Right to Appeal To The State Board In All Its Policies and Practices: 3. These District Policies and Procedures Created a Property Interest, a Civil Right to Due Process, and a Right to Appeals Procedure:........ 21S Responding to Second Enumeration of Error: Georgia Law Also Created This Property Interest, The Legislature Insuring that Charter Systems Would Still Be Subject To All Laws Relating To Civil Rights, Which Includes the Right Of Due Process Afforded Teachers Through the Fair Dismissal Act:. 1. Since 2007 Charter Systems Have Had Policies Which Afford Due Process Pursuant to Georgia Law: ismissal Act Guarantees Due Process: i The Fair Dismissal Act Affords Due Process for Teachers, Administrators, Principals---