The Board of Education [Board] petitioned the Commissioner of Education seeking to remove the President and member of the Board. The Commissioner denied the application as "moot".
The Commissioner's decision explained that the Commissioner "will only decide matters in actual controversy and will not render a decision on a state of facts that no longer exists due to the passage of time or a change in circumstances" or where the Commissioner "can no longer award a petitioner meaningful relief ...."
The Board conceded that the individual it sought to have the Commissioner remove had resigned from the position and that an appointment had been made to the then vacant position. Accordingly, the Commissioner found that the Board's application "was moot and must be denied."
Although the Board contended that the matter was not moot, the Commissioner, citing Application of the Board of Education of the Beekmantown Central School District, 59 Ed Dept Rep, Decision No. 17,718, found that the Board had not met its burden to demonstrate the matter "fits within an exception to the mootness doctrine."
The staff of FindLaw has posted an item captioned Exceptions to the Mootness Doctrine on the Internet at https://constitution.findlaw.com/article3/exceptions-to-the-mootness-doctrine.html, which was last reviewed by Renee Guolee, J.D. July 15, 2022.
Click HERE to access the Commission's decision posted on the Internet.