# Mobile County Board of School Commissioners v. Long

> Court of Civil Appeals of Alabama · March 12, 2010 · 46 So. 3d 6

URL: https://www.frixlaw.com/law-library/cases/9783476

## Case

- **Full name:** MOBILE COUNTY BOARD OF SCHOOL COMMISSIONERS v. Barry LONG
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** March 12, 2010
- **Citations:** 46 So. 3d 6; 2010 Ala. Civ. App. LEXIS 66; 2010 WL 876717
- **Precedential status:** Published
- **Opinion:** Dissent by Moore
- **Judges:** Bryan, Thompson, Pittman, Thomas, Moore
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9783476

## Opinion text

MOORE, Judge,
dissenting.
I respectfully dissent from the main opinion because I cannot agree that the hearing officer acted arbitrarily and capriciously in determining that Barry Long is qualified to hold the position of programmer/analyst. Based on the testimony from both Long and Connie Rozier that Long could perform the work of a programmer/analyst with training, the hearing officer could have determined that Long had the aptitude 5 in accounting listed as a qualification for that position. Because the evidence was sufficient to support a finding that Long was qualified for the position of programmer/analyst, the hearing officer correctly concluded that the Mobile County Board of School Commissioners failed to comply with the reduetion-in-force policy by terminating Long’s employment.
Based on our standard of review, I conclude that we are bound to affirm the hearing officer’s decision. Because the majority of the court disagrees, I respectfully dissent.
. Definitions for "aptitude” include "capacity for learning” and "general suitability.” See Merriam-Webster’s Collegiate Dictionary 62 (llthed.2003).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9783476. Public record. Not legal advice.