The genesis of Decisions of the Commissioner of Education, Decision No. 17,989, was a ruling by Supreme Court that the school board’s discussion of a certain matter in executive session violated New York State's Open Meetings Law.
Supreme Court issued a decision declaring that the school board had “violated the Open Meetings Law on June 9, 2020,” finding that there was "no material dispute" that the school board violated §§105 and 106 of the Public Officers by failing to state prior to entering Executive Session the matter that it intended to discuss and thereafter, in fact, discussed that matter.
With respect to Petitioner's appeal to the Commissioner of Education that resulted in Decision No. 17,989, Petitioner contended that he did not engage in “official misconduct” as charged by the school board in view of the Supreme Court’s determination that the challenged Executive Session as conducted by the school board violated the Open Meetings Law.
Decision No. 17,989 is instructive in that in adjudicating Petitioner's appeal, Commissioner of Education Betty A. Rosa addressed the following issues:
1. Efforts by a school board to remove a member of the board for "official misconduct";
2. Requirements to be satisfied by a school board in order to lawfully meet in Executive Session;
3. Allegations that a school board member disclosed "confidential information acquired by him [or her] in the course of his [or her] official duties or [using] such information to further his [or her] personal interests”; and
4. The authority of the Commissioner of Education to "define the meaning of the word 'confidential' within the public school system."
Ultimately the Commissioner found that the school board's removing Petitioner from the board for alleged "official misconduct was arbitrary and capricious" and sustained his appeal challenging such removal.
Click HERE to access Decision of the Commissioner #17,989.