New York Public Personnel Law: Board member’s defeat in an election to the board renders appeal seeking his or her removal from the board moot

July 08, 2013

Board member’s defeat in an election to the board renders appeal seeking his or her removal from the board moot

Board member’s defeat in an election to the board renders appeal seeking his or her removal from the board moot

Decisions of the Commissioner of Education # 16,468

The Board of Education asked the Commissioner of Education to remove one of its members from the board, alleging the board member had breach of fiduciary duties and violations of district policies.

The board member denied the allegations. The Commissioner, however, dismissed the Board complaint without addressing its merits.

Subsequent to its filing its complaint, the board submitted an affidavit from its superintendent stating that board member “was defeated in [the] school board election and is no longer a member of the board."

Accordingly, the Commissioner ruled that the Board’s application to remove the member was moot and dismissed it, explaining that "the Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest.”

The Commissioner’s decision is posted on the Internet at:

http://www.counsel.nysed.gov/Decisions/volume52/documents/d16468.pdf

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