Proceduralmatters to satisfy when filing an appeal with the Commissioner of Education
Appeal ofCarl Stieffenhofer from actions of Donna Pieszala, President of the Board ofEducation of the Newfane Central School District, Decisions of the Commissionerof Education No. 15,846
Although the Commissioner dismissed Stieffenhofer’s appeal as untimely, headdressed a number of relevant procedural matters that are instructive. TheCommissioner pointed out that:
1. A petition must contain “a clear and concise statement of the petitioner’sclaim showing that the petitioner is entitled to relief, and shall furthercontain a demand for the relief to which the petitioner deems himself entitled …which statement must be sufficiently clear to advise a respondent of the natureof petitioner’s claim and of the specific act or acts complained of.”
2. Where the complaint relates to allegedly "illegal" actions takenwhile the Board was in “executive session,” such matters fall “squarely withinthe ambit of the Open Meetings Law [and] Public Officers Law §107 vestsexclusive jurisdiction over complaints alleging violations of the Open MeetingsLaw in the Supreme Court of the State of New York, and alleged violationsthereof may not be adjudicated in an appeal to the Commissioner.”
3. The failure to join as a necessary party is fatal to the petition as a partywhose rights would be adversely affected by a determination of an appeal infavor of a petitioner is a necessary party and must be joined as such, named asa respondent in the caption and served with a copy of the notice of petitionand petition to inform the individual that he or she should respond to the petitionand enter a defense.
Although the Commissioner dismissed the appeal, he did address a motion byPieszala that he issue her a certificate of good faith pursuant to EducationLaw §3811(1) thereby authorizing the board to indemnify her for legal fees andexpenses incurred in defending this proceeding which arose out of the exerciseof her powers or performance of duties as a board member.
The Commissioner ruled that it was appropriate to issue such certification asthere was nothing in the record to indicate that Piezala acted in bad faith.
The full text of the decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15846.htm
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