Naming all necessary parties is critical to Commissioner of Education's considering the merits of an appeal

To contact us Click HERE

Naming all necessary parties is critical to Commissioner of Education's considering the merits of an appealAppeal of the Islip Teachers Association, Decisions of the Commissioner of Education, Decision #16,418.The Islip Teachers Association, the collective bargainingorganization representing teachers employed by the Islip Union Free SchoolDistrict, filed an appeal with the Commissioner of Education alleging that theIslip UFSD violated the shared decisionmaking requirements in §100.11 of theCommissioner’s regulations [8 NYCRR 100.11] by refusing to invoke the conflictresolution procedures in its “shareddecisionmaking plan” [the Plan] to resolve issues involving theinterview and selection process for the high school assistant principal, highschool English Department Chairperson, and English teacher leave replacementpositions.
The school district asked the Commissioner to dismiss theappeal as untimely, pointing out that an appeal to the Commissioner must be commenced within 30days from the making of the decision or the performance of the act complainedof, “unless any delay is excused by the Commissioner for good cause shown.”
On this point the Commissioner ruled that the Association’sappeal was filed and served within 30 days of Islip’s final determinationregarding the Association’s request to invoke the Plan’s conflict resolutionprocess and declined to dismiss the appeal as untimely.
The Commissioner, however, dismissed the appeal “for failureto join necessary parties,” i.e., a party whose rights would be adverselyaffected by a determination of an appeal in favor of a petitioner.
The Commissioner explained that with respect to theAssociation’s complaints related to the interview and selection process for thehigh school assistant principal, high school English Teacher leave replacementand English Department chairperson positions, a determination in favor of theAssociation would make the process by which these individuals were appointed,hired or selected unlawful.
Noting that although the Association did not expressly seekto nullify the appointment, hiring or selection of these individuals, “thatstep is a necessary component of the relief requested.” The Association's failure to namesuch necessary parties proved to be a fatal omission as a determination in theAssociation’s favor would adversely affect the incumbents of those positions.
Accordingly, the Commissioner ruled that the “failure tojoin these individuals as parties requires dismissal of the appeal.”
In addition, the Commissioner noted that the Associationsought a declaratory ruling, including an order directing the district toadhere to the conflict resolution procedures in the Plan in the future. In thisregard the Commissioner ruled that “the appeal must be dismissed for failure tostate a claim upon which relief may be granted,” commenting that “[i]t is wellestablished that the Commissioner does not issue advisory opinions ordeclaratory rulings in an appeal pursuant to Education Law §310.”
The decision is posted on the Internet at:http://www.counsel.nysed.gov/Decisions/volume52/d16418.html