The Petitioner in this appeal to the New York State Commissioner of Education sought to have the Commissioner remove the president and member of a Board of Education [Respondent] based on Respondent's alleged violation of the Open Meetings Law.
Citing Appeal of Flippen, 57 Ed Dept Rep, Decision No. 17,296 and other decisions of the Commissioner of Education, the Commissioner observed that New York State's Public Officers Law §107 vests exclusive jurisdiction over adjudication alleged violations of the Open Meetings Law in the Supreme Court of the State of New York, and concluded that she lacked jurisdiction to address the basis for Petitioner’s application.
In addition, the Commissioner's decision noted that Petitioner’s application was "untimely", explaining that "An appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any such delay is excused by the Commissioner for good cause shown." The Commissioner opined that this 30-day timeframe also applies to "a removal application pursuant to Education Law §306", noting Petitioner did not serve his application until more than two months after the alleged violation of the Open Meetings Law had occurred.
The Commissioner also commented that "Petitioner did not, as required, set forth good cause for the delay in [submitting] the petition". Accordingly, the Commissioner concluded that Petitioner's application must also be dismissed as untimely.
Click HERE to access the Commissioner's decision posted on the Internet.